HomeMy WebLinkAboutPC 2000-08p—
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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.
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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.
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(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.)
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(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.
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(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
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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
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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.
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(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
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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
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(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.
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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
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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
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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