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HomeMy WebLinkAboutPC 2001-11PLANNING COMMISSION RESOLUTION NO. 2001-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-01, DEVELOPMENT REVIEW NO. 2001-03, AND NEGATIVE DECLARATION NO. 2001-01, A REQUEST TO CONSTRUCT A COMMERCIAL DEVELOPMENT OF APPROXIMATELY 10,400 SQUARE FEET WITH AN UNDERGROUND PARKING AREA OF APPROXIMATELY 6,956 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 20855 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Josephine H. Michaels, Trustee, and applicant, Atlan Star, LLC, has filed an application for Conditional Use Permit No. 2001-01, Development Review No. 2000-03, and Negative Declaration No. 2001-01 for a property located at 20855 Golden Springs Drive, Diamond Bar, California, as described above in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit, Development Review and Negative Declaration shall be referred to as the "Application." 2. On April 3, 2001: notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; public hearing notices were mailed to approximately 92 property owners of record within a 500 foot radius of the project; the project site was posted with a display board and displayed for at least 20 days before the public hearing; and a notice of public hearing was posted at three- public places. 3. On April 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 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. 2001-01 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2001-01 reflectsN''j� 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 the 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 wild life 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant lot, approximately 35,500 square feet. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of areas to provide regional, freeway oriented, and/or community retail and service commercial uses. (c) The project site is within the Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone. Pursuant to Section 22.06.040 (B), the equivalent applicable Development Code standards are found within the C-3 (Regional Commercial) Zoning District. This zoning designation permits a variety of general retail, office, and service uses by right and a car rental service with a Conditional Use Permit approval. (d) Generally, the following zones and uses surround the project site: to the north is the State Route 60 Freeway, to the south is the R-1-10,000 Zone, to the west is the C -3 -BE Zone and to the east is the Commercial Planned Development Zone. (e) The application request is for the following: 1) to permit a car rental service; and 2) to construct a commercial development of approximately 10,400 square feet with an underground parking area of approximately 6,956 square feet. 771 2 ...,.. .... :.. � .. � '....... .��._._� . i_i. r:_... �'d-.IL's.:,.. a ..� .wb ,e ._..�Ni✓_� CONDITIONAL USE PERMIT: (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to Chapter 22.10, Table 2-6 of the City's Development Code, a variety of general retail, office, and service uses are permitted by right in the Unlimited Commercial- Billboard Exclusion- (C -3 -BE) Zone. In addition, a car rental service is permitted with a Conditional Use Permit. Therefore, the car rental service requires a Conditional Use Permit approval. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and Municipal Code. (g) The proposed use is consis�ent with the General Plan and any applicable specific plan. The project site's land use designation is 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 project provides for the establishment of a car rental service and various general retail and service uses. Therefore, the proposed use is consistent with the General Plan. As contemplated in the General Plan, this commercial development provides various general retail, service, and office uses, and thus, makes for a potentially more attractive commercial development in which Diamond Bar citizens may enjoy. (h) The design, location, size and operating characteristics of the proposed use are compatible nrith the existing and future land uses in the vicinity. The proposed project is located within the Unlimited Commercial — Billboard Exclusions. The zone allows for retail and service uses. All developments within the C -3 -BE Zone must meet minimum development standards as stated in the City of Diamond Bar Development Code. Development standards include setbacks, building height, parking layout, FAR, landscaping and signage. The proposed project meets the minimum development standards or has recommendations incorporated as part of the conditions of approval. Therefore, the design and layout of the proposed project is consistent with the existing and future lard uses in the vicinity. 3 (i} 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. Commercial development was contemplated for the project site through the City's General Plan. In fact, the proposed commercial development is adjacent to other Commercial uses on both the east and westsides' of the project site. To the north, the project borders the State Route 60 Freeway- Furthermore, it is anticipated that the overall architectural style,' construction materials, and colors of this commercial development will be consistent and compatible with the nearby commercial structures approval. These :,standards apply in addition to the other Development Code provisions regarding parking, noise, etc: As a part of this project's conditions of approval, the following agencies are 'also requirod to review; approve, and/or license this application prior to operating for business. The list includes, but is not limited to the Los Angeles County Fire Department, Los Angeles County 'Busines's License Department, and Department of Motor Vehicles. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons;!i property or improvements in the vicinity and zoning district'in which the property is located. As mentioned in Item, (h), this project has been conditioned to meet all other agency requirements and additional requirements within the Development Code. As a 'result, the conditions will ensure that the proposed car rental 'service is not detrimental to the, public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has bee,1 reviewed in compliance with the provisions of the California Envircnmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-01 has been prepared. The Negative Declaration review period began April 3, 2001, and ended April 22, 2001. ii DEVELOPMENT REVIEW: (1) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of General Commercial. Additionally, the proposed project complies with the City's Development Code standards for structures in a C -3 -BE Zone. The project meets the minimum setbacks, building height, and FAR for development in a C -3 -BE Zone. The proposed project's architectural style, construction materials, and colors are consistent with the existing structures in the C -2 -BE Zone. More specifically, this project matches well with the neighboring LA Fitness Club. The building features and landscape compliment one another and provide a more unified commercial area. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan and Development Code standards. y The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is within the Unlimited Commercial - Billboard Exclusion (C -3 -BE) Zone, which permits a variety of general retail, office, and service uses by right and car rental service with a Conditional Use Permit approval. Therefore, it is anticipated that the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments. Additionally, the applicant submitted a traffic impact analysis and site plan evaluation for the City's review and approval. The analysis, dated March 12, 2001, was prepared by Lin Consulting, Inc. The traffic impact report indicated that the proposed project will not have significant impacts to the surrounding street intersections. The study revealed that project traffic will contribute less than 0.01 V/C ratio increase of the level of service under existing conditions and at year 2011. More significantly, the City's Traffic Engineer concurred with the .,. overall findings of the traffic report. Therefore, this commercial development is not expected to create traffic or pedestrian hazards. 4j (m) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly, and attractive development)i! contemplated by this Chapter, the General Plan, or any applicable specific plan. The proposed project will be consistent and compatible with the architectural design, materials, and colors of 'the other commercial developments. The surrounding area has an architectural style that is modern and contemporary with, materials, textures and colors that compliment this style. Nonetheless, the proposed revision will be compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by the City's Development Review, Conditional Use Permit, and General Plan. (n) 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, and will remain aesthetically appealing. As referenced in the above findings, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (o) 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. City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State of California requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. lA _ (p) 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), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-01 has been prepared. The Negative Declaration review period began April 3, 2001, and ended April 22, 2001. 5. Based on the findings and conclusions set forth above the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, preliminary grading plan, color/materials board collectively labeled is Exhibit "A" and dated April 24, 2001, 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 duly permitted waste contractor, who has been authorized by the City to provide collection, t transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install ,temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain ; n f -the Building Official approves its removal. (d) Prior to .he issuance of a building permit, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. The landscape plan shall include plant species, size, quantity, and location. Additionally, the proposed project is required to have a mix of trees and shrubs as prescribed in the City's Development Code and also comply with the City's established Water Efficient Landscape Regulations. The final landscape plan shall be checked accordingly. r (e) Prior to the occupancy and/or business operations, the applicant shall be required to install tree wells and street trees of the same type, size and species as those planted along Golden Springs within the public 7 II irr r6a-r1- 11 - ---- - __- --__ right-of-way, in front of the project's front property line. The type, size, and species shall be reviewed and approved by the City prior to installation. (f) The applicant shall submit a grading plan that is prepared by Civil Engineer who is licensed by the State of California. The grading plan shall delineate the following: 1) Cut and fill quantities and calculations; 2) All flow lines; finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; 4) Proposed and existing grades; 5) ell retaining walls (indicating top of wall, finished surface and top of footing for both sides of the retaining wall(s)); and 6) All easements. (g) Prior to the issuance of City permits, a final soils .report prepared by a Geotechnical Engineer who is licensed by the State of California, shall be submitted to the Public Works Division for review and approval. (h) Prior to the issuance of any City permits, the applicant shall submit retaining wall details and calculations for the City's review and approval. Construction details for retaining walls shall be shown on the Precise Grading Plan. p' (i) The applicant shall be responsible for providing service --connections for water, sewer, gas, and electricity. (j) Any impa A of the new structure on the sewage capacity shall be j reviewed and approved by the City. ' (k) Prior to the issuance of a grading permit, the applicant shall submit a hydrology report that is prepared by a Civil Engineer who is licensed by the State of California. The hydrology report shall require the review and approval b the PP Y City. I Prior to the issuance of a building permit, the applicant shall submit an O 9 P � exterior lighting plan and a parking lot lighting plan/study complying with the standards in the Development Code for the City's review and approval. h 'r 8 (m) All structures shall meet the 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the 1996 National Electric Code requirements. (n) The minimum design wind pressures shall be 80 miles per hour & "C" exposure. (o) This project shall meet the State Energy Conservation Standards. (p) Surface water shall drain away from building at a 2% minimum slope. All drainage and runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. (q) The applicant shall demonstrate the type of building, to meet the Building Code Table 5-A. (r) Applicant shall obtain Fire department approval, for fire code compliance. (s) Applicant shall comply with new State Handicap Accessibility Regulations (i.e., van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, etc.) The applicant shall submit a plan to the Building and Safety Division delineating the path of travel (striping) from the parking lot to the building. The path of travel from the handicap parking to the building may not exceed cross slope of 2 percent. The plan shall also delineate path of travel from the curb to the building. (t) The handicap access doors and restrooms shall be clearly marked with handicap symbols. (u) The applicant shall comply with Planning and Zon ng and Building and Safety, and Public Works Divisions' and Fire Department requirements. (v) Prior to commencing operation of the car rental service, the applicant shall submit to, but is not limited to the following: Los Angeles County Fire Department, the Los Angeles County Business License Department, and the Department of Motor Vehicles for review, approval, and licensing, as required. F" (w) Prior to commencing operation of the car rental service, the applicant d shall submit to the City evidence of obtaining approvals from Los 9 (bb) To ensure compliance with all conditions, the Conditional Use Permit approval shall be subject to periodic review by the Planning Commission. Pursuant to Section 22.76 of the Development Code, if non-compliance with conditions of approval occurs, the Planning Commission may revoke the Conditional Use Permit or additional operational conditions may be added. (cc) This grant is valid for two (2) years and shall ke exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (dd) If the Department of Fish and Game determines that Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the Los Angeles County Clerk, in the amount 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 10 Angeles County Fire Department, the Los Angeles County Business License Department, and the Department of Motor Vehicles. (x) Prior to the issuance of any City permits, the applicant shall be required to obtain a shared parking agreement with the LA Fitness Club property. The applicant shall be required . to., provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation: ' i A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the City, guaranteeing the continued availability of the shared access between properties. (y) The applicant shall park and store up to a maximum of fourteen rental cars and/or employee vehicles within the underground parking area. The applicant shall minimize the parking of its cars on the surface j' parking lot during its hours of operation and no rental cars shall be parked on the surface parking lot when the busine.�s is closed. No rental cars shall be parked on the surface parking lot. (z) Prior to occupancy and/or business operations, each tenant shall be required to obtain a zoning clearance approval from the City's Planning Division. (aa) Prior to the issuance of a certificate of occupancy, the applicant shall submit a detail of the trash enclosure for the City's review and approval. It is 'required that the trash enclosure comply with the Development Code standards and the City's Design Guidelines. (bb) To ensure compliance with all conditions, the Conditional Use Permit approval shall be subject to periodic review by the Planning Commission. Pursuant to Section 22.76 of the Development Code, if non-compliance with conditions of approval occurs, the Planning Commission may revoke the Conditional Use Permit or additional operational conditions may be added. (cc) This grant is valid for two (2) years and shall ke exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (dd) If the Department of Fish and Game determines that Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the Los Angeles County Clerk, in the amount 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 10 __ - - ___ -_-__________u_.�_.—�.-._�,m.,.,,.,.,.��•. �,a....,��•�����- ..�,�. .n=z.+��mts..�;�,.�.»tli i�c �._in,i�u.��..iw.�..�du,,..�a•w�cowd�ei, Boa<r„�.,m _L—__ '_"_____ pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then 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: Josephine Michaels, Trustee, 500 West Lambert, Brea, CA 92821 and Atlan Star, LLC, 11747 Valley Boulevard, El Monte, CA 91732. APPROVED AND ADOPTED THIS 24th DAY OF APRIL 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: _....._....:. - B©b Zi-rbes,­Cfiairman I, James DeStefano, 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 24th day of April 2001, by the following vote: AYES: Ruzicka, Tye, Kuo, Nelson, Zirbes NOES: None ABSENT: None BST,�IN• None BY: i aes De�tefano, Secretary 11 I li—”�IIII"I�lltl'P��.,�„�r��..-�.—,—«--��.._..______—�_��..�_. �i.���...r.p�,.rr•�.^��n��oi�iu�oi i _��—,.�. __ ____._...�� PLANNING COMMISSION RESOLUTION NO. 2001- 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-01, DEVELOPMENT REVIEW NO. 2001-03, AND NEGATIVE DECLARATION NO. 2001-01, A REQUEST TO CONSTRUCT A COMMERCIAL DEVELOPMENT OF APPROXIMATELY 10,400 SQUARE FEET WITH AN UNDERGROUND PARKING AREA OF APPROXIMATELY 6,956 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 20855 GOLDEN SPRINGS DRIVE, DIAMOND BAR, A. RECITALS The property oviner, Josephine H. Michaels, Trustee, and applicant, Atlan Star, LLC, has filed an application for Conditional Use Permit No. 2001-01, Development Review No. 2000-03, and Negative Declaration No. 2001-01 for a property located at 20855 Golden Springs Drive, Diamond Bar, California, as described above in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit, Development Review and Negative Declaration shall be referred to as the "Application." 2. On April 3, 2001: notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; public hearing notices were mailed to approximately 92 property owners of record within a 500 foot radius of the project; the project site was posted with a display board and displayed for at least 20 days before the public hearing; and a notice of public hearing was posted at three- public places. 3. On April 24, 2001, the Planning Commission of the City of Diamond Bar 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 2. The Planning Commission bereby finds that the Initial Study Review and Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, 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 the 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 wild life depends. Based upon substantial evidence, this Planning Commission hereby rebuts the 4, Based Upon the findings and conclusions set forth herein, this (a) The project relates to vacant lot, approximately 35,500 (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of areas to provide regional, freeway oriented, and/or community (c) The project site is within the Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone. Pursuant to Section 22.06.040. (B), the equivalent applicable Development Code standards are found within the C-3 (Regional Commercial) Zoning District. This zoning designation' permits a variety of general retail, (d) Generally, the following zones and uses surro and the project site: to the north is the State Route 60 Freeway, to the south is the R-1 -10,000 Zone, to the west is the C -3 -BE Zone and to (e) The application request is for the following: 1) to permit a car rental service; and 2) to construct a commercial development of approximately 10,400 square feet with an underground CONDITIONAL USE (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Pursuant to Chapter 22.10, Table 2-6 of the City's Development Code, a variety of general retail, office, and service uses are permitted by right in the Unlimited Commercial- Billboard Exclusion- (C -3 -BE) Zone. In addition, a car rental service is permitted with a Conditional Use Permit. Therefore, the car rental service requires a Conditional Use Permit approval. As conditioned, the proposed uses-, will comply with all other applicable provisions of the Development Code and Municipal Code. (g) The proposed use is consis—lent with the General Plan and any applicable The project site's land use designation is 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 project provides for the establishment of a car rental service and various general retail and service uses. Therefore, the proposed use is consistent with the As contemplated in the General Plan, this commercial development provides various general retail, service, and office uses, and thus, makes for a potentially more attractive commercial development in (h) The design, location, size and operating characteristics of the proposed use are compatible tvith the existing and future land uses in the vicinity. The proposed project is located within the Unlimited Commercial Billboard Exclusions. The zone allows for retail and service uses. All developments within the C -3 -BE Zone must meet minimum development standards as stated in the City of Diamond Bar Development Code. Development standards include setbacks, building height, parking layout, FAR, landscaping and signage. The proposed project meets the minimum development standards or has —recommendations incorporated as part of the conditions of approval. Therefore, the design and layout of the proposed project is consistent with the existing and future 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 Commercial development was contemplated for the project site through the City's General Plan. In fact, the proposed commercial development,is adjacent to other commercial uses on both the east and west sides of the project site. To the north, the project borders the State Route 60 Freeway- Furthermore, it is anticipated that the overall architectural style,' construction materials, and colors of this commercial development will be consistent and compatible with the nearby commercial structures approval. These standards 'apply in addition to the other Development Code provisions regarding parking, noise, etc. As a part of this project's conditions of approval, the following agencies arealso requiro.d to review, approve, and/or license this application prior to operating for business. The list, includes, but is not limited to the Los Angeles County Fire Department, Los Angeles County 'Business License Department, and Department of Motor Vehicles. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or As mentioned in Item, (h), this project has been conditioned to meet all other agency requirements and additional requirements within the Development Code. As a result, the conditions will ensure that the proposed car rental service — 'is not detrimental to the — publiG health; safety, or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has bee,1- reviewed in compliance with the Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-01 has been prepared. The Negative Declaration review period began April 3, 2001, and ended April 4 DEVELOPMENT (1) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned The proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of General Commercial. Additionally, the proposed project complies with the City's Development Code standards for structures in a C -3 -BE Zone. The project meets the minimum setbacks, building height, and The proposed project's architectural style, construction materials, and colors are consistent with the existing structures in the C -2 -BE Zone. More specifically, this project matches well with the neighboring LA Fitness Club. The building features and landscape compliment one another and provide a more unified commercial area. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan and Development Code standards. The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will The proposed project is within the Unlimited Commercial - Billboard Exclusion (C -3 -BE) Zone, which permits a variety of general retail, office, and service uses by right and car rental service with, a Conditional Use Permit approval. Therefore, it is anticipated that the proposed development will not interfere with the use and enjoyment of Additionally, the applicant submitted a traffic impact analysis and site plan evaluation for the City's review and approval. The analysis, dated March 12, 2001, was prepared by Lin Consulting, Inc. The traffic impact report indicated that the proposed project will not have significant impacts to the surrounding street intersections. The study revealed that project traffic will contribute less than 0.01 WC ratio increase of the level of service under existing conditions and at year 2011. More significantly, the City's Traffic Engineer concurred with the overall findings of the traffic report. Therefore, this commercial development is not expected to create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly - and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. The proposed project will be consistent and compatible with the architectural design, materials, and colors of the other commercial developments. The surrounding area has an architectural style that is modern and contemporary with ,materials, textures and colors that compliment this style. Nonetheless, the proposed revision will be compatible with (n) 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 As referenced in the above findings, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (o) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, - Fire Department, South Coast Air Quality Management District, and State of 0 T'T 71 7- r, (p) 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 (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-01 has been prepared. The Negative Declaration review Based on the findings and conclusions set forth above the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, preliminary grading plan, color/materials board collectively labeled is Exhibit "A" and dated April 24, 2001, as (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, - and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's (c) Before construction begins, the applicant shall install, temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This (d) Prior to he issuance of a building permit, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. The landscape plan shall include plant species, size, quantity, and location. Additionally, the proposed project is required to have a mix of trees and shrubs as prescribed in the City's Development Code and also comply with the City's established (e) Prior to the occupancy and/or business operations, the applicant shall be required to install tree wells and street trees of the same 7 right-of-way, in front of, the project's front property line. The type, size, and species shall be reviewed and approved by The applicant shall submit a grading plan that is prepared by Civil Engineer who is licensed by the State of California. The grading plan shall delineate the following: 1) Cut and fill quantities and calculations; 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; 4) Proposed and existing grades; 5) &11 retaining walls (indicating top of wall, finished surface and top of footing for both sides of the retaining wall(s)); and 6) All easements. (g) Prior to the issuance of City permits, a final soils report prepared by a Geotechnical Engineer who is licensed by the (h) Prior to the issuance of any City permits, the applicant shall submit retaining wall details and calculations for the City's review and approval. Construction details for retaining walls shall be shown on the Precise Grading Plan. (i) The applicant shall be responsible for providing service- connectionsJor water, sewer, gas, and electricity. (j) Any impa,-.t of the new structure on the sewage capacity shall be reviewed and approved by the City. (k) Prior to the issuance of a grading permit, the applicant shall submit a hydrology report that is prepared by a Civil Engineer who is licensed by the State of California. The hydrology report shall require the review and approval by the City. (1) Prior to the issuance of a building permit, the applicant shall submit an exterior lighting plan and a parking lot lighting plan/study complying with the standards in the Development All structures shall meet the 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the 1996 National Electric Code requirements. (n) The minimum design wind pressures shall be 80 miles per hour & "C" (o) This project shall meet the State Energy Conservation Standards. (p) Surface water shall drain away from building at a 2% minimum slope. All drainage and runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage (q) The applicant shall demonstrate the type of building, to meet the Building (r) Applicant shall obtain Fire department approval, for fire code compliance. (s) Applicant shall comply with new State Handicap Accessibility Regulations (i.e., van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, etc.) The applicant shall submit a plan to the Building and Safety Division delineating the path of travel (striping) from the parking lot to the building. The path of travel from the handicap parking to the building may not exceed cross slope of 2 percent. The plan shall also delineate path of travel from the curb to the building. (t) The handicap access doors and restrooms shall be clearly marked with (u) The applicant shall comply with Planning and Zon.—ng and Building and Safety, and Public Works Divisions' 'and Fire Department requirements. (v) Prior to commencing operation of the car rental service, the applicant shall submit to, but is not limited to the following: Los Angeles County Fire Department, the Los Angeles County Business License Department, and the Department of Motor Vehicles for review, approval, and (w) Prior to commencing operation of the car rental service, the applicant shall submit to the City evidence of obtaining approvals from Los 9 II-='-7lRf,,,,,,,,�� ��,,,,r----- F- Angeles County Fire Department, the Los Angeles County (x) Prior to the issuance of any City permits, the applicant shall be required to obtain a shared parking agreement with the LA Fitness Club property. The applicant shall be required —, to, provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circula,tiom — A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as (y) The applicant shall park and store up to a maximum of fourteen rental cars and/or employee vehicles within the underground parking area. The applicant shall minimize the parking of its cars on the surface parking lot during its hours of operation and no rental cars shall be parked on the surface parking lot when the, busine;—is is closed. No rental cars shall be parked on the surface parking lot. (z) Prior to occupancy and/or business operations, each tenant shall be (aa) Prior to the issuance of a certificate of occupancy, the applicant shall submit a detail of the trash enclosure for the City's review and approval. , It is required that the trash enclosure comply with the Development Code standards and the City's Design Guidelines. (bb) To ensure compliance with all conditions, the Conditional Use Permit approval shall be subject to periodic review by the Planning Commission. Pursuant to Section 22.76 of the Development- Code„ if non-compliance with conditions of (cc) This grant is valid for two (2) years and shall t-9 exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (dd) If the Department of Fish and Game determines that Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the Los Angeles County Clerk, in the amount of $25.00, for a documentary handling fee in connection with Fish pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then the applicant shall also pay to the Department of Fish and The Planning Commission (a) Certify to the adoption of this Resolution; (b) Forthwith transmit a certified copy of this Resolution, by certified ma:il to: Josephine Michaels, Trustee, 500 West Lambert, Brea, CA 92821 and Atlan Star, LLC, 11747 Valley Boulevard, EI Monte, CA 91732. APPROVED AND ADOPTED THIS 24th DAY OF APRIL 2001. BY THE BY: Bdb--Zi-rbes-,-Ch—iiri—an L 1, James DeStefano, 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 24 th AYES: Ruzicka, Tye, Kuo, Nelson, Zirbes NOES: None ABSENT: None BST BST IN None Yae BY: m ames DeEltefano, Secretary