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HomeMy WebLinkAboutPC 2000-08p— _I— -----I L `—I _ .ae �«...—, wi— -.— �I , , , ., I I i I'i .1. 1 . ,­ — — —11-— _ —._ _ _ — —_ PLANNING COMMISSION RESOLUTION NO. 2000-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2000-01, MINOR CONDITIONAL USE PERMIT NO. 2000-05, DEVELOPMENT REVIEW NO. 2000-04, COMPREHENSIVE SIGN PROGRAM NO. 2000-01 AND NEGATIVE DECLARATION NO. 2000-02, A REQUEST TO CONSTRUCT A 2,776 SQUARE FOOT, ONE-STORY RESTAURANT IDENTIFIED AS FARMER BOYS WI-TH A DRIVE-THROUGH AISLE AND A 782 SQUARE FOOT OUTDOOR DINING. ADDITIONALLY, THE REQUEST INCLUDES THE INSTALLATION OF ONE MONUMENT SIGN, THREE WALL SIGNS, ONE MENU BOARD AND DIRECTIONAL SIGNS. The PROJECT SITE IS LOCATED AT 21008 LYCOMING STREET (LOT 7, PARCEL A, TRACT NO. 2166) DIAMOND BAR, CALIFORNIA. A.RECITALS. 1. The property owner, Cathleen Miller and applicant,.Farmer Boys Food, Inc. have filed an application for Conditional Use Permit No. 2000-01, Minor Conditional Use Permit No. 2000-05, Development Review No. 2000-04, Comprehensive Sign Program No. 2000-01 and Negative Declaration No. 2000-01 for a property located at 21008 Lycoming Street, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Minor Use Permit, Development Review, Comprehensive Sign Program and Negative Declaration shall be referred to as.the "Application". 2. On June 13,2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On May 15, 2000, public hearing notices were mailed to approximately 310 property owners of record within a 500 -foot radius of the project. On May 18, 2000, the public notice was posted in three public places. On May 22, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, on May 22, 2000, the project site was posted with a display board. 1 B.Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No'. 2000-02 -have 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. 2000-02 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 vacant lot located on the southeast corner of Brea Canyon Road and. Lycoming Street. The project site is approximately -35,850 gross square feet and approximately 32,450 net square feet. A storm drain easement for the Los Angeles County Flood Control District traverses the project site adjacent to the north and east property lines. Additionally, the site is denude of significant vegetation. (b) The project site has a General Plan land use designation 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 restaurant is a service commercial use. E (c) The zoning designation for the project site is Restricted Business (C-1). This zoning designation permits a limited range of uses (i.e., retail trade, 6 services, medical uses, restaurants, outdoor patio dining, drive-through services, etc.) 2 (d) Generally, the following zones and uses surround the project site: to the north is the Neighborhood Commercial -Billboard Exclusion (C -2 -BE) Zone and the Unlimited Multiple Residence (R-3) Zone; to the south is Restricted Business -Development Plan -Billboard Exclusion (C -1 -DP -BE) Zone and the Pomona (SR 60) Freeway; to the east is the Single Family Residence -Minimum Lot Size 6,000 Square Feet -{R-1-6,000) Zone; and to the west is the C -1 -DP and Residential -Agricultural (R -A) Zone. (e) The application request is to construct a one-story restaurant of approximately 2,776 square feet with a drive-through aisle and outdoor patio dining area of approximately 782 square feet. The application request also includes three wall signs, one monument sign, one menu board and directional signs. Conditional Use Permit/Minor Conditional Use Permit (g) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; Pursuant to Table 2-6 of the City's Development Code, a restaurant is permitted in the C-1 zone by right. Drive-through sales are permitted in the C-1 zone with a Conditional Use Permit. Therefore, a restaurant with a drive-through aisle requires a Conditional Use Permit approval. Additionally, the Table indicates that a restaurant with outdoor/patio dining is permitted in the C-1 zone with a Minor Conditional Use Permit. The proposed project is a restaurant with a drive-through aisle and patio dining; hence the Conditional Use Permit and Minor Conditional Use Permit approval. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and the Municipal Code. (h) The proposed use is consistent with the General Plan and any applicable specific plan; 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 regional, freeway -oriented, and/or community retail and service commercial uses. The proposed restaurant is a service commercial use and is consistent with the General Plan land use designation for the area. A specific plan does not exist for the project site or area. 3 (i) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future, land uses in the vicinity; The' proposed project is located within the C-1 zone. This zone allows for restaurant with a drive-through aisle and outdoor patio dining with the appropriate permits. All new development within this zone must meet the minimum standards set forth in the Development Code related to height, setbacks, parking, landscaping, architecture and operational characteristics. The proposed project, as conditioned, will meet the prescribed minimum standards and in some instances will exceed the minimum standards. As a result, the proposed project's design, location, size and operational characteristics, as conditioned, will be compatible with the existing and future land uses in the vicinity. (j) 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; As referenced above in Item (i), the proposed project meets or exceeds the required development standards for the C-1 zone. As such, is compatible with adjoining land uses. To ensure further compatibility with the adjacent commercial property to the south, the applicant will be required to provide a common vehicular and pedestrian access point and reciprocal parking between the properties. The City Engineer and the City's Public Works Division have reviewed the project's traffic study and application and visited the project site. This review included access, on and off site circulation and traffic improvement measures. The traffic study is acceptable to the City and with the conditioned traffic improvement measures, it is anticipated that the subject site will be physically suitable for the proposed project. Provisions for utilities exist for the project site. (k) Granting the Conditional Use Permit/Minor 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 referenced above in Items (g) through (i), the 4 proposed project, as conditioned, will meet or exceeds the City's minimum development standards. Traffic, on and off site circulation, parking and the total design of the proposed project, as conditioned, is excepted by the City. With the issuance of the appropriate permits, it is expected that granting the Conditional Use Permit/Minor 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. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 2000-02 has been prepared. The Negative Declaration's review period begins May 22, 2000, and ends June 10, 2000. Development Review (m) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards, -or planned developments); The proposed project is consistent with the General Plan land use designation for the subject site. It is consistent with the objectives and strategies of the General Plan in that the proposed project will bring revenue into the City; provide a service commercial use; provide the, opportunity to promote joint development with the adjacent commercial site, thereby assisting in -an organized pattern of development; and enhance pedestrian activity. The proposed project is consistent with the applicable zoning district development standards related to height, setbacks, landscaping and parking. It maintains or exceeds the required minimum development standards. The proposed project is consistent with the City's Design Guidelines because the materials and colors are compatible with the surrounding area and other commercial development within the City; the 5 r �.__-•VIII architectural elements extend to all sides of the restaurant structure; the restaurant structure achieves balance and proportion through building height, roof pitch, awnings, wainscoting and varied elevation planes;,;p and encourages pedestrian activity. Therefore, the design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district. Additionally, a specified architectural criteria for the area does not exist. (n) 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 design and layout of the proposed project has been reviewed related to use compatibility and traffic or pedestrian hazards. As conditioned and referenced in Items (g) through (n) above, it is expected that 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. (o) 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 of the City's Development Code, the General Plan, or any applicable specific plan; As referenced in Item (m) above, 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 of the City's Development Code, the General Plan, or any applicable specific plan. (p) The design of the proposed development will provide a kdesirable 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; As referenced above in Item (m) and the use of "S" type roof tile, awnings, stucco, glazed ceramic wainscoting tile, it is expected that the design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors ti through good aesthetic use of materials, texture, and 0 _ _ _ _tel _ i -i_�{.u.,__,uwuuiwwuxuuu.wiu«.m.. - i_ei+«-a- - ,m«im eewwH.»•w«.Muueu.uawu.wuxrxuu,u �___ i _ `_—_ —___ _ _ _ ___ _._ . color that will remain aesthetically appealing. (q) The proposed development will not be detrimental to the 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; 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, Planning Division, Public Works Division, Health Department, Sheriff Department, Fire Department and South Coast Air Quality Management District requirements. The referenced agencies involved will ensure that the proposed project is not detrimental to the 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; Comprehensive Sign Program (r) The Comprehensive Sign Program satisfies the purpose of Chapter 22.36 and the intent of this Section 22.36.060; The purpose of a Comprehensive Sign Program is to integrate a project's signs with the structure's design to achieve a unified architectural statement. A Comprehensive Sign Program provides a means for flexibility when applying sign regulations for multi - tenant projects and users of multiple signs. The Program encourages creativity and provides incentive and latitude in the provision of multiple signs while achieving and not circumventing the intent of Development Code Chapter 22.36 related to sign standards. The proposed signs satisfies the purpose of the City's sign standards and the intent of Comprehensive Sign Program because all signs, as conditioned, comply with all development standards for signs. The signs will clearly and concisely identify the use and direct the patrons to and on-site in a safe manner. The proposed signs are architecturally compatible with the design of the restaurant structure. The design and copy of the wall signs mimic the monument sign's design. Sign colors are compatible with the color palette of the a-- restaurant structure. (s) The signs enhance the overall development, are in harmony with, and are visually related to other signs 7 5 included in the Comprehensive Sign Program and to the structure and/or uses they identify, and to surrounding development; The proposed signs will enhance the overall development because they are architecturally compatible with the design of the restaurant structure. The proposed signs are in harmony with, and visually related to each other in that the design and copy of the wall signs mimic the monument sign's design and sign colors are compatible with the color palette of the restaurant structure. Additionally, the proposed signs are compatible in size, color and design with other signs utilized in nearby commercial developments. (t) The Comprehensive Sign Program accommodates future revisions which may be required due to changes in uses or tenants; Through the Comprehensive Sign Program minor future revisions to the Program are allowed with the Director's approval. Major revisions require the approval of the Planning Commission. However, sign revisions due to new tenant or use are permit by the Development Code. (u) The Comprehensive Sign Program complies with the standards of Chapter 22.36 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 Chapter 22.36; As referenced, above in Items (r) through (t) above, The Comprehensive Sign Program complies with the standards of Chapter 22.36 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 Chapter 22.36; 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 a site plan, floor plan, elevation, roof plan, grading plan, final landscape/irrigation plan, and final exterior and parking lot lighting plan/study and sign plans collectively labeled as Exhibit "A" dated June 13, 2000, as submitted, amended herein and approved by the Planning Commission. 8 _- - - — `__ - - ___ _� _ ,--,, ,ti•.� .:. �.. ,� ��,.,_,•.,-euac=-,trr�r�a-�.f..:.,ray..�-,,e�:t„�,aL,,_-._._._.�.,wn-.��«�.,»�...e�.a,�u���w�.w�,�w.wv.wne��w. ____ _____`-�_ __� -__ _ _ — __._ - _- (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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall: (1) Delineate that 20% of the required amount of trees will be in 24 -inch box size; (2) Delineate the shrubs/vines that shall surround the trash/recycle bin enclosure; (3) Delineate the tree species or combination of tree species that will be located adjacent to the sidewalk bordering Brea Canyon Road and Lycoming Street; (4) Comply with the City's Water Efficiency Landscape Regulations; and (5) Said landscaping and irrigation shall be installed prior to the Planning Division final inspection or issuance of Certificate of Occupancy. (d) Prior to the issuance of any City permits, the applicant shall submit a final lighting plan/study for the City's review and approval that delineates the following: (1) Lighting within the outdoor patio dining area; and (2) Shielding method utilized to ensure that lighting is directed downward and does not extend beyond the property lines and into the public right-of- way. (e) Prior to the issuance of any City permits, the applicant shall submit a trash/recycle bin detail delineating design, construction material, colors and overhead trellis for the City's review and approval. The design, construction materials and colors shall match the restaurant structure. (f) Prior to the issuance of any City permits, the applicant shall submit a revised site plan for the City's review and approval that delineates the enhanced pavement for a the pedestrian walkways that intersect the drive-through aisle. 9 (g) Applicant shall comply with the City's noise standards. (h) The outdoor patio dining area shall be cleaned on a �]Y'��� continual basis for the removal of litter and food items LJJ that constitute a nuisance to public health and safety. Additionally, the outdoor 'patio dining area shall contain waste receptacles for use by the public and/or restaurant employees. Furthermore, the patio furniture including umbrellas and waste receptacles shall be compatible with the overall design of the restaurant structure and shall be reviewed and approved by the City. (i) Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project perimeter. (j) Hours of operation shall be Sunday through Saturday from 6:00 a.m. to 10:00 p.m. On Friday and Saturday, the applicant shall have the option to extend the hours of operation to 12:00 midnight. (k) The parking lot, vehicle maneuvering areas, driveways, landscape areas and hardscape areas shall be kept and maintained in a manner that does not detract from the appearance of surrounding properties and protects the health, safety and welfare of the patron, employees and general public. Any graffiti shall be removed within 48 hours of its appearance or upon notification by the property owner/applicant. (1) All mechanical equipment shall be screened from public view. (m) The applicant shall submit a revised site plan locating the monument sign at least 10 feet from the property line. Arabic address numerals shall be added to the base of the monuments. Said numeral shall be a minimum of three inches high and four square feet in area. The base of the monument sign shall be a color that matches the stucco color of the restaurant structure. (n) The menu board shall not exceed a height of six feet. (o) Prior to issuance of Certificate of Occupancy, the applicant shall exercise its best efforts to conclude a reciprocal parking/access agreement with the adjacent -property owner (RV -storage site). The purpose of this agreement is to: provide convenient, safe and efficient circulation by interrelating the two properties into a coordinated project; maintain an organized pattern of development; ensure compatibility between the 10 _LL properties; and alleviate traffic on Brea Canyon Road. The agreement will provide the adjoining property owners with the right to access, park and generally traverse each other`s property for the purpose of conducting business. Should these efforts fail, the applicant shall, upon presentation by the City, enter into such an agreement at any such time thereafter as the adjacent property owner agrees or is compelled by City condition to do likewise. Said agreement shall be in perpetuity and recorded. (p) Prior to the issuance of any City permits, the applicant shall submit a revised site plan, for the City's review and approval. The revise site plan shall delineate the following: (1) Shared access driveway at the south property line shall be minimum width of 26 feet; (2) Parking space number 43, due to its awkward location, shall be deleted; (3) The Brea Canyon Road driveway shall be widen 50 feet, parking space number 14 shall be eliminated and a landscape median shall be installed in the middle of the driveway to the satisfaction -of the City Engineer; and (4) Landscaping on the north and south side of the driveway shall be reduced to accommodate the 50 - foot drive way width. (q) The Brea Canyon Road driveway shall be utilized for right turn in and right turn out only and shall be identified as such to the satisfaction of the City Engineer. (r) Prior to the issuance of any City permits, the applicant shall prepare a striping plan for the modification of ,the. median on Brea Canyon Road to the satisfaction of the City Engineer and pay for the cost of the striping modification. Said striping modification shall be installed prior to final inspection or Certificate of Occupancy. (s) The applicant shall remove the existing driveway closest to the corner of Brea Canyon Road and Lycoming Street. The applicant shall obtain an encroachment permit to install sidewalk, curb and gutter in this area. The applicant shall also repair damage sidewalk, curb and gutter on Lycoming Street. Additionally, the applicant shall upgrade existing wheelchair ramp to current standards. All said improvements shall be completed prior to final inspection or Certificate of Occupancy. (t) All utilities shall be installed underground. 11 -__ _„_r- �,-.. f�”, _-_-_i_.,.....--n...."^"P11�PIf91'.9"°`m.P®fP,�-��Z�r—.�w�.r—r.T =�"r-- -,.mn. r •.r._.. n.rwri^r t (u) No loitering shall be permitted on any property adjacent to the project site under control of the applicant. (v) Restaurant employees shall park within parking spaces numbered 23 through 36, as identified in Exhibit "A"/site plan and located on the southwest portion of the project site. (w) Applicant shall consider installing a third handicap parking space. (x) The low wall that screens headlight glare caused by vehicles utilizing the drive-through aisle shall be relocated within the 10 foot landscaped setback at a distance that allows an appropriate turning radius for the vehicles, as determined by the City. (y) Prior to the issuance of City permits, the applicant shall submit a drainage plan for the City's review and approval. Drainage plan may be incorporated into the grading plan. (z) The applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (aa) Applicant shall comply with State Handicap Accessibility Regulations (i.e., van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, handicap signs at each entry, path of travel not exceeding two percent, etc.). (bb) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, 1996 National Electrical Code and State Energy Code) requirements and Fire Department requirements. (cc) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (dd) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. However pursuant to Code Section 22.42.080.C.5., Minor Conditional Use Permit No. 2000-05 for outdoor patio dining and seating shall be subject to a review after one year, at which time the Director shall conduct a study to determine if adverse impacts have resulted from the said use. If adverse impacts are not found, a permanent Minor Conditional Use Permit may 12 be granted. A one-year extension of time for this application 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 _u extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (ee) 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. (ff) 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: Cathleen Miller, 721 Brea Canyon Road, #7, Diamond Bar, CA and Farmer Boys Food, Inc., 3235 14th Street, Riverside, CA 92501. APPROVED AND ADOPTED PLANNING COMMISSION OF THE CITY OF EY: 011- , SL�, teve Nelson, Chairman THIS 13TH OF JUNE 2000, BY THE DIAMOND BAR. 13 I"" 1 �. uuvi i. do i '. i 1 n - —I—M---�11—,P-�=..�--�l--......w_"r-7i—lI 1 � ,. , , . i �-nrnrvrm.,A..s,�, ­ ­ w .. __.--� _z__ 7 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of June 2000, qYN, by the following vote: AYES: Nelson, Zirbes, Kuo, Ruzicka NOES: Tye ABSENT: None ABSTAIN: None ATTEST: James DeSt�fano, Secretary I It 14 �RESO PLANNING COM14ISSION RESOLUTION NO. 2000-08 OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2000-01, MINOR CONDITIONAL USE PERMIT NO. 2000-05, DEVELOPMENT REVIEW NO. 2000-04, COMPREHENSIVE SIGN PROGRAM NO. 2000-01 AND NEGATIVE DECLARATION NO. 2000-02, A REQUEST TO CONSTRUCT A 2,776 SQUARE FOOT, ONE-STORY RESTAURANT IDENTIFIED AS FARMER BOYS WITH A DRIVE-THROUGH AISLE AND A 782 SQUARE FOOT OUTDOOR DINING. ADDITIONALLY, THE REQUEST INCLUDES THE INSTALLATION OF ONE MONUMENT SIGN, THREE WALL SIGNS, ONE MENU BOARD AND DIRECTIONAL SIGNS. The PROJECT SITE IS LOCATED AT 21008 LYCOMING STREET (LOT 7, PARCEL A, TRACT NO. 2166) DIAMOND BAR, CALIFORNIA. A.RECITALS. The property owner, Cathleen Miller and applicant,. Farmer Boys Food, Inc. have filed an application for Conditional Use Permit No. 2000-01, Minor Conditional Use Permit No. 2000-05, Development Review No. 2000-04, Comprehensive Sign Program No. 2000-01 and Negative Declaration No. 2000-01 for a property located at 21008 Lycoming Street, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Minor Use Permit, Development Review, Comprehensive Sign Program and Negative Declaration shall be referred to as.the "Application". 2. On Tune 13,2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On May 15, 2000, public hearing notices were mailed to approximately 310 property owners of record within a 500 -foot radius of the project. On May 18, 2000, the public notice was posted in three public places. On May 22, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, on may 22, 2000, the project site was posted with a 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. 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. 2000-02 - have been prepared by the City of Diamond Bar 'in compliance with the requirements of the California Environmental Quality Act (CEQA) of—i 1970 and guidelines promulgated thereunder, pursuant to,Section 15070. Furthermore,— Negative Declaration No. 2000-02 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 th'e 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 vacant lot located on the southeast corner of Brea Canyon Road and., Lycoming Street. The project site is approximately -35,850 gross square feet and approximately 32,450 net square feet. A storm drain easement for the Los Angeles County Flood Control District traverses the project site adjacent to the north and east property lines. Additionally, the site is denude of significant vegetation. (b) The project site has a General Plan land use designation 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 restaurant is a service commercial use. (c) The zoning designation for the project site is Restricted Business (C-1). This zoning designation permits a limited range of uses (i.e., retail trade, services, medical uses, restaurants, outdoor patio dining, drive-through services, etc.) (d) Generally, the following zones and uses surround the project site: to the north is the Neighborhood Commercial -Billboard Exclusion (C -2 -BE) Zone and the Unlimited Multiple Residence (R-3) Zone; to the south is Restricted Business - Development Plan -Billboard Exclusion (C -1 -DP -BE) Zone and the Pomona (SR 60) Freeway; to the east is the Single Family Residence -Minimum Lot Size 6,000 Square Feet—R-1-6,000) Zone; and to the west is the C -1 -DP and Residential -Agricultural (R -A) Zone. (e) The application request is to construct a one-story restaurant of approximately 2,776 square feet with a drive-through aisle and outdoor patio dining area of approximately 782 square feet. The application request also includes three wall signs, one monument sign, one menu board and directional signs. Conditional Use Permit/Minor Conditional Use Permit (g) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code, Pursuant to Table 2-6 of the City's Development Code, a restaurant is permitted in the C-1 zone by right. Drive-through sales are permitted in the C-1 zone with a Conditional Use Permit. Therefore, a restaurant with a drive-through aisle requires a Conditional Use Permit approval. Additionally, the Table indicates that a restaurant with outdoor/patio dining is permitted in the C-1 zone with a Minor Conditional Use Permit. The proposed project is a restaurant with a drive- through aisle and patio dining; hence the Conditional Use Permit and minor Conditional Use Permit approval. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and the Municipal Code. (h) The proposed use is consistent with the General Plan and any applicable specific 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 regional, freeway -oriented, and/or community retail and service commercial uses. The proposed restaurant is a service commercial use and is consistent with the General Plan land use designation for the area. A specific plan does not exist for the project site or area. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed project is located within the C-1 zone. This zone allows for restaurant with a drive-through aisle and outdoor patio dining with the appropriate permits. All new development within this zone must meet the minimum standards set forth in the Development Code related to height, setbacks, parking, landscaping, architecture and operational characteristics. The proposed project, as conditioned, will meet the prescribed minimum standards and in some instances will exceed the minimum standards. As a result, the proposed project's design, location, size 'and operational characteristics, as conditioned, will be compatible with the existing and'future land uses in the vicinity. Q) 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; As referenced above in Item (i), the proposed project meets or exceeds the required development standards for the C-1 zone. As such, is compatible with adjoining land uses. To ensure further compatibility with the adjacent commercial property to the south, the applicant will be required to provide a common vehicular and pedestrian access point and reciprocal parking between the properties. The City Engineer and the City's Public Works Division have reviewed the project's traffic study and application and visited the project site. This review included access, on and off site circulation and traffic improvement measures. The traffic study is acceptable to the City and with the conditioned traffic improvement measures, it is anticipated that the subject site will be physically suitable for the proposed project. Provisions for utilities exist for the project site. (k) Granting the Conditional Use Permit/Minor 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 referenced above in Items (g) through (i), the proposed project, as conditioned, will meet or exceeds the City's minimum development standards. Traffic, on and off site circulation, parking and the total design of the proposed project, as conditioned, is excepted by the City. With the issuance of the appropriate permits, it is expected that granting the Conditional Use Permit/minor 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. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 2000-02 has been prepared. The Negative Declaration's review period begins May 22, 2000, and ends June 10, 2000. Development Review (m) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards, -or planned developments); The proposed project is consistent with the General -Plan land use designation for the subject site. It is consistent with the objectives and strategies of the General Plan in that the proposed project will bring revenue into the City; provide a service commercial use; provide the, opportunity to promote joint development with the adjacent commercial site, thereby assisting in -an organized pattern of development; and enhance pedestrian activity. The proposed project is consistent with the applicable zoning district development standards related to height, setbacks, landscaping and parking. It maintains or exceeds the required minimum development standards. The proposed project is consistent with the City'sDesign Guidelines because the materials and colors are compatible' with the surrounding area and other commercial development within the City; the architectural elements extend to all sides of the restaurant structure; the restaurant structure achieves balance and proportion through building height, roof pitch, awnings, wainscoting and varied elevation planes; and encourages pedestrian activity. Therefore, the design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district. Additionally, a specified architectural criteria for the area does not exist. (n) 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 design and layout of the proposed project has been reviewed related to use compatibility and traffic or pedestrian hazards. As conditioned and referenced in Items (g) through (n) above, it is expected that 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. (o) 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 of the City's Development Code, the General Plan, or any applicable specific plan; As referenced in Item (m) above, 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 of the City's Development Code, the General Plan, or any applicable specific plan. (p) 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; As referenced above in Item (m) and the use of "Sff type roof tile, awnings, stucco, glazed ceramic wainscoting tile, it is expected that 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. (q) The proposed development will not be detrimental to the 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; 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, Planning Division, Public Works Division,Health Department, Sheriff Department, Fire Department and South Coast Air Quality Management District requirements. The referenced agencies involved will ensure that the proposed project is not detrimental to the 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; Comprehensive Sign Program (r) The Comprehensive Sign Program satisfies the purpose of Chapter 22.36 and the intent of this Section 22.36.060; The purpose of a Comprehensive Sign Program is to integrate a project's signs with the structure's design to achieve a unified architectural statement. A Comprehensive Sign Program provides a means for flexibility when applying sign regulations for multitenant projects and users of multiple signs. The Program encourages creativity and provides incentive and latitude in the provision of multiple signs while achieving and not circumventing the intent of Development Code Chapter 22.36 related to sign standards. The proposed signs satisfies the purpose of the City's sign standards and the intent of Comprehensive Sign Program because all signs, as conditioned, comply with all development standards for signs. The signs will clearly and concisely identify the use and direct the patrons to and on-site in a safe manner. The proposed signs are architecturally compatible with the design of the restaurant structure. The design and copy of the wall signs mimic the monument sign's design. Sign colors are compatible with the color palette of the restaurant structure. (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 will enhance the overall development because they are architecturally compatible with the design of the restaurant structure. The proposed signs are in harmony with, and visually related to each other in that the design and copy of the wall signs mimic the monument sign's design and sign colors are compatible with the color palette of the restaurant structure. Additionally, the proposed signs are compatible in size, color and design with other signs utilized in nearby commercial developments. (t) The Comprehensive Sign Program accommodates future revisions which may be required due to changes in uses or tenants; Through the Comprehensive Sign Program minor future revisions to the Program are allowed with the Director's approval. Major revisions require the approval of the Planning Commission. However, sign revisions due to new tenant or use are permit by the Development Code. (u) The Comprehensive Sign Program complies with the standards of Chapter 22.36 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 Chapter 22.36; As referenced above in Items (r) through (t) above, The Comprehensive Sign Program complies with the standards of Chapter 22.36 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 Chapter 22.36; 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 a site plan, floor plan, elevation, roof plan, grading plan, final landscape/irrigation plan, and final exterior and parking lot lighting plan/study and sign plans collectively labeled as Exhibit "A" dated June 13, 2000, as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the city. it shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall: (1) Delineate that 20% of the required amount of trees will be in 24 -inch box size; (2) Delineate the shrubs/vines that shall surround the trash/recycle bin enclosure; (3) Delineate the tree species or combination of tree species that will be located adjacent to the sidewalk bordering Brea Canyon Road and Lycoming Street; (4) Comply with the City's Water Efficiency Landscape Regulations; and (5) Said landscaping and irrigation shall be installed prior to the Planning Division final inspection or issuance of Certificate of occupancy. (d) Prior to the issuance of any City permits, the applicant shall submit a final lighting plan/study for the City's review and approval that delineates the following: (1) Lighting within the outdoor patio dining area; and (2) Shielding method utilized to ensure that lighting is directed downward and does not extend beyond the property lines and into the public right -of way. (e) Prior to the issuance of any City permits, the applicant shall submit a trash/recycle bin detail delineating design, construction material, colors and 'overhead trellis for the City's review and approval. The design, construction materials and colors shall match the restaurant structure. (f) Prior to the issuance of any City permits, the applicant shall submit a revised site plan for the City's review and approval that delineates the enhanced pavement for the pedestrian walkways that intersect the drive-through aisle. (g) Applicant shall comply with the City's noise standards. (h) The outdoor patio dining area shall be cleaned on a continual basis for the removal of litter and food items that constitute a nuisance to public health and safety. Additionally, the outdoor `patio dining area shall contain waste receptacles for use by the public and/or restaurant employees. Furthermore, the patio furniture including umbrellas and waste receptacles shall be compatible with the overall design of the restaurant structure and shall be reviewed and approved by the City. (i) Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project perimeter. Q) Hours of operation shall be Sunday through Saturday from 6:00 a.m. to 10:00 p.m. On Friday and Saturday, the applicant shall have the option to extend the hours of operation to 12:00 midnight. (k) The parking lot, vehicle maneuvering areas, driveways, landscape areas and hardscape areas shall be kept and maintained in a manner that does not detract from the appearance of surrounding properties and protects the health, safety and welfare of the patron, employees and general public. Any graffiti shall be removed within 48 hours of its appearance or upon notification by the property owner/applicant. (1) All mechanical equipment shall be screened from public view. (m) The applicant shall submit a revised site plan locating the monument sign at least 10 feet from the property line. Arabic address numerals shall be added to the base of the monuments. Said numeral shall be a minimum of three inches -high and four square feet in area. The base of the monument sign shall be a color that matches the stucco color of the restaurant structure. (n) The menu board shall not exceed a height of six feet. (o) Prior to issuance of Certificate of occupancy, the applicant shall exercise its best efforts to conclude a reciprocal parking/access agreement with the adjacent -property owner (RV -storage site). The purpose of this agreement is to: provide convenient, safe and efficient circulation by interrelating the two properties into a coordinated project; maintain an organized pattern of development; ensure compatibility between the 10 properties; and alleviate traffic on Brea Canyon Road. The agreement will provide the adjoining property owners with the right to access, park and generally traverse each other I s property f or the purpose of conducting business. Should these efforts fail, the applicant shall, upon presentation by the City, enter into such an agreement at any such time thereafter as the adjacent property owner agrees or is compelled by City condition to do likewise. Said agreement shall be in perpetuity and recorded. (p) Prior to the issuance of any City permits, the applicant shall submit a revised site plan, for the City's review and approval. The revise site plan shall delineate the following: (1) Shared access driveway at the south property line shall be minimum width of 26 feet; (2) Parking space number 43, due to its awkward location, shall be deleted; (3) The Brea Canyon Road driveway shall be widen 50 feet, parking space number 14 shall be eliminated and a landscape median shall be installed in the middle of the driveway to the satisfaction -of the City Engineer; and (4) Landscaping on the north and south side of the driveway shall be reduced to accommodate the 50 foot drive way width. (q) The Brea Canyon Road driveway shall be utilized for right turn in and right turn out only and shall be identified as such to the satisfaction of the City Engineer. (r) Prior to the issuance of any City permits, the applicant shall prepare a striping plan for the modification of --the.median on Brea Canyon Road to the satisfaction of the City Engineer and pay for the cost of the striping modification. Said striping modification shall be -installed prior to final inspection or Certificate of Occupancy. (s) The applicant shall remove the existing driveway closest to the corner of Brea Canyon Road and Lycoming Street. The applicant shall obtain an encroachment permit to install sidewalk, curb and gutter in this area. The applicant shall also repair damage sidewalk, curb and gutter on Lycoming Street. Additionally, the applicant shall upgrade existing wheelchair ramp to current standards. All said improvements shall be completed prior to final inspection or Certificate of Occupancy. (t) All utilities shall be installed underground. (u) No loitering shall be permitted on any property adjacent to the project site under control of the applicant. (v) Restaurant employees shall park within parking spaces numbered 23 through 36 as identified in Exhibit "A"/site plan and located on the southwest portion of the project site. (w) Applicant shall consider installing a third handicap parking space. (x) The low wall that screens headlight glare caused by vehicles utilizing the drive-through aisle shall be relocated within the 10 foot landscaped setback at a distance that allows an appropriate turning radius for the vehicles, as determined by the City. (y) Prior to the issuance of City permits, the applicant shall submit a drainage plan for the City's review and approval. Drainage plan may be incorporated into the grading plan. (z) The applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (aa) Applicant shall comply with State Handicap Accessibility Regulations (i.e., van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, handicap signs at each entry, path of travel not exceeding two percent, etc.). (bb) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, 1996 National Electrical Code and State Energy Code) requirements and Fire Department requirements. (cc) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "Cff exposure. (dd) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. However pursuant to Code Section 22.42.080.C.5., Minor Conditional Use Permit No. 2000-05 for outdoor patio dining and seating shall be subject to a review after one year, at which time the Director shall conduct a study to determine if adverse impacts have resulted from the said use. If adverse impacts are not found, a permanent Minor Conditional Use Permit may 12 be granted. A one-year extension of time for this application 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. (ee) 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. (ff) 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: Cathleen Miller, 721 Brea Canyon Road, #7, Diamond Bar, CA and Farmer Boys Food, Inc., 3235 14th Street, Riverside, CA 92501. APPROVED AND ADOPTED THIS 13TH OF JUNE 2000, BY THE DIAMOND BAR. PLANNING COMMISSION OF THE CITY OF By: Steve Nelson, Chairman 13 T 1. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of June 2000, by the following vote: AYES: Nelson, Zirbes, Kuo, Ruzicka NOES: Tye ABSENT: None ABSTAIN: None ATTEST: James DeSt—fano, Secretary