HomeMy WebLinkAboutPC 2001-22- y ___�.—_�:.:.lsrL�4I HIdIuiA,411YInrNMA-WIxII.IINNaw-�—�.ri--I..r--•-.MV4I—�._.�.yx,...��..�.,.�,�.,e-I�•��!Er�IeWL,��lr�im.a.oildl�.�xumYinirtedw�ewatunn __1
PLANNING COMMISSION
RESOLUTION NO. 2001-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 98-7(l) AND DEVELOPMENT REVIEW NO. 98-
12 (1) FOR MODIFICATIONS AND AN EXTENSION OF TIME
TO THE JUNE 22, 1999 PLANNING COMMISSION
APPROVAL FOR THE CONSTRUCTION OF A CAR WASH
FACILITY THAT CONSISTS OF A RETAIL SALES
BOUTIQUE WITH OFFICE AND CASHIER, LUBE CENTER,
AUTO SERVICE CENTER, FUEL DISPENSER/ QUEUING
AREA, VACUUM AND DRYING AREA AND NEW CAR
STORAGE AREA. THE PROJECT SITE IS LOCATED AT
515 S. GRAND AVENUE, (PARCELS 3 AND 4 OF PARCEL
MAP 15625) DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant Mathew Tachdjian of Col -Am Properties,
LLC has filed an application for modifications and an extension of time to
Conditional Use Permit No. 98-7 and Development Review No. 98-12
approved by the Planning Commission on June 22, 1999. The project
site is located at 515 S. Grand Avenue, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Conditional
Use Permit and Development Review shall be referred to as the
"Application."
2. The Planning Commission of the City of Diamond Bar on June, .26,
2001,conducted a duly noticed public hearing on the Application. At that
time, the public hearing was opened, public comments were heard and
the public hearing was concluded.
3. Notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on
June 15, 2001. Public hearing notices were mailed to approximately four
property owners of record within a 500 -foot radius of the project and the
public notice was posted in three public places on June 12 2001.
Furthermore, the project site was posted with the required display board
on June 14, 2001.
B. RESOLUTION.
i
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 pursuant to the provisions of
the California Environmental Quality Act (CEQA), Section 15070, the City
has determined that a Negative Declaration was required for this project.
The City prepared and adopted Negative Declaration No. 99-3 on June
22, 1999. Pursuant to CEQA Section 15162(a), the City has determined
that the proposed modifications and extension of time do not substantially
change the project, thereby causing significant environmental effects or
a substantial increase in the severity of the previously identified significant
effects and no further environmental review is required. Furthermore; this
determination 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 l
substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 LA
of the California Code of Regulations.
4. Based on the findings 'and 'conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a rectangular -shaped vacant site, consisting
of two parcels (Parcel 3 — approximately 36,350 square feet and
Parcel 4 - approximately' 10,070 square feet) approximately 1.06
acres. The project site is denude of vegetation with existing walls
adjacent to the north and south property lines and within the
eastern portion; of the project site near Grand Avenue. The project
site's topography begins at, an elevation of approximately 699 feet,
at Grand Avenue and slopes down to Old Brea Canyon Road to an
elevation of approximately 677 feet. Both parcels contain
easements for Los Angeles County flood control and storm drain
and Southern California Edison.
(b) The project site has a General Plan land use designation of
General Commercial (C). Pursuant to the General Pian, this land
use designation provides for the establishment of freeway -oriented,
and/or community retail and service commercial uses. Additionally,
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development within the General Commercial (C) designation is
permitted to maintain a maximum floor area ratio (FAR) of 1.00.
The project's FAR is approximately 0.24.
(c) The project site is within the Regional Commercial (C-3) Zone.
This zoning designation permits a wide range of uses (i.e. retail
trade, services, fueling/service stations, vehicle
repair/maintenance, auto sales, car washes, restaurant's, etc.)
The proposed car wash facility is in compliance with the allowed
uses specified for the C-3 Zone with a Conditional Use Permit.
(d) Generally, the following zones and uses surround the project site:
To the north is the Burger King restaurant, Diamond Bar Honda
dealership, C-3 Zone and boundary for the City of Industry; to the
south is the Pomona (SR -60) Freeway; to the east is Grand
Avenue and boundary for the City of Industry; and to the west is
Old Brea Canyon Road and boundary for he City of Industry.
(e) The Application request is to construct an automated car wash
facility that consists of the following: A wash tunnel of
approximately 2,530 square feet; retail sales boutique area with
office, cashier and restroom, approximately 2,520 square feet; lube
center, approximately 1,440 square feet; auto service center,
approximately 4,367 square feet; fuel dispensers/queuing area;
vacuum, and drying areas and new car storage area. The
proposed modifications include deleting the detail center, two new
car display platforms and an 18 -foot high retaining wall previously
approve through Variance No. 99--02. The total square footage of
the mentioned structures will be minimally reduced and the fuel
dispensing area will double as a queuing area.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed &-velopment is consistent
with the applicable elements of the City's C zneral Plan, City Design
Guidelines, and development standards 0 the applicable district,
design guidelines, and architectural criteria for special areas (e.g.,
theme areas, specific plans, community plans, boulevards or
planned developments).
The proposed project provides for the establishment of service and
retail uses that are consistent with the General Plan's Regional
Commercial land use designation. It is also consistent with the
General Plan because the proposed project takes advantage of
freeway visibility and it will be a good revenue generating project
serving the City's needs. Furthermore,- the proposed project
3
provides an opportunity for retail and other non-residential
commercial uses, promotes the economic development within the
City by providing an attractive, well -serviced, well -protected ��'��'
environment for all residents and visitors promotes local job
,p 1
opportunities, and provide unity with adjacent commercial
developments. Pursuant to the City's Design Guidelines, the
proposed :project is compatible with other commercial
developments within the area and reflex community character while
suggesting uniqueness and quality. Pursuant to the General Plan
and City Design Guidelines and as amended herein, the proposed
project will yield a pleasant environment through its design, use of
materials, colors and landscaping which will offer a variety of plant
species and adequate on-site parking with the required recorded
reciprocal parking and access agreement. Furthermore, the
proposed project meets all required development standards related
to setbacks, heights, parking stall dimensions and quantities, etc.
(g) The design and layout of the proposed development will not
interfere with the use and enjoyment of neighboring existing or
future,: development and will not create traffic or pedestrian
hazards.
The proposed project is within the Regional Commercial Zone, Jr.
which permits the proposed uses with a Conditional Use Permit
s. -
approval. The proposed project is located within an established
commercial development at the City boundary. The proposed
develo'pment's design (as amended herein) and layout will unify
and integrate the proposed development with the existing adjacent
development. Additionally, as referenced in the traffic impact study
dated June 10, 1999, prepared by Associated Traffic Consultants,
the proposed project with its modifications will not create traffic'or-
pedestrian hazards.
(h) 1;-+e architectural design of the proposed development is
ct:)mpatible with the character of the surrounding neighborhood and
v Irl maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48.20. Development Review
standards, City Design Guidelines and the City's General Plan.
As referenced in Item 4. (f) above and (i) below, the proposed
project will be consistent and compatible with the architectural
design, materials, and colors of the commercial development within
the area. Therefore, the proposed project will be compatible with
the character of the surrounding neighborhood and will maintain
4
the harmonious, orderly and attractive development contemplated
by the City's Development Review requirements, Design
Guidelines and General Plan.
(i) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and
color that will remain aesthetically appealing and will retain a
reasonably adequate level of maintenance..
As referenced in the above findings, the proposed project, as
amended herein, will provide a desirable environment for its
occupants and visiting public as well as its neighbors through good
aesthetic use of materials, texture and color that will remain
aesthetically appealing. The construction materials, concrete
block, glass and metal will retain a reasonably adequate level of
maintenance.
(j) The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g. negative affect on
property values or resale(s) of property) to the properties- or
improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved
resolution and the Building and Safety Division, Public Works
Division and Fire Department requirements. The referenced
agencies' involvement will ensure that the proposed development
is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Quality
Act (CEQA), Section 15070, the City determined that a Negative
Declaration was required for this project. The City prepared and
adopted Negative Declaration No. 99-3 on June 22, 1999.
Pursuant to CEQA Section 15162(a), the City has determined that
the proposed revision/extension of time does not substantially
changed the project, thereby causing significant environmental
effects or a substantial increase in the severity of the previously
identified significant effects. Therefore, no further environment
review is required.
5
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CONDITIONAL USE PERMIT
(1) The proposed use is allowed within the subject zoning district with
the approval of a Conditional Use Permit and complies with will WSJ
other applicable provisions of the Development Code and the
Municipal Code;
Pursuant to Development Code Table 340, the proposed uses are
either permitted with a Conditional Use Permit or permitted by right
within the C-3 Zone. As conditioned and amended herein, the
proposed uses will comply with all other applicable provisions of
the Development Code and the Municipal. Code.
(m) The proposed use is consistent with the General Plan and any
applicable specific plan;
There is no specific plan for the project area. As referenced in Item
(f) above, the proposed project is consistent with the General Plan.
(n) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity;
71
As referenced in Item 4. (f) and (i) above, the proposed project, as
amended herein, will be consistent and compatible with the
architectural design, .materials, and colors of the commercial
development within the area. The project site is adequate in size
to accommodate the proposed project, as amended herein, with
the requirement that the applicant obtain and record a reciprocal
parking and access agreement. Operating characteristics will be
compatible with the existing and future land uses in the vicinity as -
conditioned through the Conditional Use Permit process.
(o) The subject site is physically suitabl.-f for the type and
density/intensity of the use being propo°.ed including access,
provision of utilities, compatibility with adjoi►.;ng land uses, and the
absence of physical constraints;
As referenced in Item (h) above, the subject site is physically
suitable to the proposed project. Access has been reviewed in a
traffic impact study prepared by Associated Traffic Consultants and
the City's traffic engineer/Public Works Division. The access was
deemed adequate. Utilities are existing and as required in the
conditions of approval, the proposed project will be able to hook-up
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to existing utilities. As referenced above in items (f), (g), (h), (i) and
(n), the proposed project will be compatible with adjoining land
uses. As proposed, the project is absent physical constraints.
(p) Granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious
to persons, property, or improvements in the vicinity and zoning
district in which the property is located;
As amended herein, conditioned, and with appropriate permits and
inspections, the granting of the Conditional Use Permit will not be
detrimental to the public interest, health, safety, convenience, or
welfare, or injurious to persons, property, or improvements in the
vicinity and zoning district in which the property is located.
Modifications Finding
(q) Circumstances have been changed by the applicant to a degree
that one or more of the findings contained in the original permit can
no longer be made and/or the public health, safety and welfare
require the modification;
' On April 18, 2001, the applicant submitted a request in writing for
a one-year extension of time. Due to financial reasons and
proposed modifications that will reduce the project's cost, the
applicant is not able to proceed with construction during the two-
year period granted by the Planning Commission.
Extension of Time Findinq
(r) The permittee has established, with substantial evidence beyond
the control of the permittee (e.g., demonstration of financial
hardship, legal pr-blems with the closure of the sale of the parcel,
poor weather ce nditions in which to complete construction
-activities, etc.), wl- y the permit should be extended;
On April 18, 2001, the applicant submitted a request in writing for
a one-year extension of time. Due to financial reasons and
proposed modifications that will reduce the project's cost, the
applicant is not able to proceed with construction during the two-
year period granted by the Planning Commission.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
VA
(a) The project shall substantially conform to site plan, grading plan,
'floor plan, elevations, final landscape/irrigation plan, final exterior OWL
and parking lot lighting plan/study and colors/materials board
collectively labeled as Exhibit "A" dated June 26, 2001, as
submitted and approved by the Planning Commission, as amended
herein.
(b) The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation
of the entitlement granted herein. The removal of all trash, debris,
and refuse, whether during or subsequenito 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 ap'plicant's obligation to insure that the
waste contractor utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Before the issuance of any City permits, the applicant shall submit
a final landscape/irrigation plan that delineates plant species, size;
quantity and location, for the City's review and approval. The final
landscape pians shall also in: tree species and size approved LF
by the City, to be utilized as a uniforming element that ties -together
the proposed development with the existing development. Any
existing landscaping that has died or; is destroyed during
construction shall be replaced matching the existing landscaping.
Additionally, the final landscape plan shall delineate the four
required trees within the parking area. Said trees shall be a
minimum size of 36 -inch box. The landscape/irrigation plan shall
comply with the City's established Water Efficient Landscape
Regulations and shall be plan checked accordingly. All
landscaping and irrigation shall be installed prior to final inspection.
(d) Before the issuance of any City permits, the applicant shall submit
an exterior lighting plan/study for the City's review and approval.
Lighting shall comply with all applicable Development Code
standards.
(e) All roof -mounted equipment shall be screened from public view.
(f) Prior to the issuance of a building permit, the applicant shall submit
a final detail of the trash/recycle bin enclosure for the City's review
and approval. ®r
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Prior to the issuance of any City permits, the applicant shall submit
a revised site plan for the City's review and approval that modifies
the employee/service parking area to provide approximately 21
parking spaces, 9 feet wide by 19 feet long with a 26 -foot backup
aisle. Additionally, the main access (from Old Brea Canyon Road)
aisle shall be at least twenty-five feet wide. Furthermore, a
landscape finger shall be utilized to separate the driveway from the
employee/service parking area.
(h) Prior to the issuance of any City permits, the applicant shall
delineate, on a revised site plan for the City's review and approval,
pedestrian access from the car wash site to the Burger King
restaurant site.
(i) The secondary driveway at Brea Canyon Road shall be utilized for
exit only and identified as such.
(j} The proposed project shall comply with the City's noise standards.
The car wash force -air blower shall be operated only between the
hours of 7:00 a.m. and 8:00 p.m. and in a manner that does not
exceed 60 dBA at any point on contiguous receptor property, five
feet above grade level, no closer than three feet from any wall in a
commercial/industrial location.
(k) Prior to the issuance of any City permits, the applicant shall obtain
City approval for and shall record the proposed lot line
adjustments.
(1) Prior to final inspection/occupancy, the applicant shall pay their
'fair -share” (1.42%/ $7,244) of the installation of the following traffic
improvements measures as required by the Deputy Public Works
Director and Cal -Trans:
(1) Grand Avenue and SR-57/SR-60 west bound ramp: Pr,,vide
an additional right -turn lane and an additional left -turn ane
on the off ramp resulting in two left -turn and two right turn
lanes; and
(2) Provide an additional through lane on the northbound.
approach of Grand Avenue resulting in three through lanes.
(m) Prior to the issuance of any City permits, the applicant shall submit
a complete grading plan in accordance with the City's grading
requirements for the City's review and approval. The grading plan
shall:
�7
(1) Be signed/stamped by a civil engineer, geotechnical
engineer and geologist as required;
(2) Delineate the proposed and existing topography;
(3) Delineate finish surface, finish grade, flow lines, top of wall,
bottom of wall, bottom of footing and finished surface for
proposed .retaining walls;
(4) Delineate proper drainage with details and sections; and
(5) Indicate quantity and earth work calculation.
(n) Plans shall delineate retaining wall sections drawn to scale with
appropriate details, type of retaining wall and structural
calculations.
(o) Before the issuance of any City permits, the applicant shall submit
an erosion control plan for the City's review and approval. The
erosion control plan s,iall conform to National Pollutant Discharge
Elimination System :NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits.
(p) The applicant shall be responsible for sewer and storm drain
system/lateral installation and shall ensure connection with the Los
Angeles County Department of Public Works for storm drain and
sewer lateral if there are none currently available. Additionally, the
applicant shall pay the County Sanitation District for connection
fees. Furthermore, the applicant shall be responsible for all costs
associated with the improvement, review and approval for the
addition of sewer or storm drains. .
(q) Prior to final inspection, the applicant shall install full sidewalk
improvements along the property frontage at Old Brea Canyon.
Road to the satisfaction of the Deputy Public Works Director and
with an encroachmei >. permit. The sidewalk width shall match and
join existing sidewalk..
(r) Applicant shall subs°°t a soils report, for the City's review and
approval, incorporating the scope of the proposed development.
The soils report shall give appropriate recommendation for the
project's construction including the suitability of the retaining wall
to withstand pressure of the retained soil and proposed
development.
(s) Driveway improvement shall be required at the appropriate width.
(t) Prior to the issuance of any City permits, the applicant shall submit ` Mt
a revised site plan accurately delineating the existing storm drain
10
<xr:
easement dedicated to Los Angeles County Flood Control District
along the northerly end of Parcels 3 and 4.
(u) Applicant shall be responsible for all utility improvements. All utility
improvement shall be made prior to occupancy. If cuts within the
City right-of-way are required, the applicant shall obtain the
appropriate encroachment permits and pay the appropriate fees.
(v) . Applicant shall be responsible for acquiring the appropriate
industrial waste permits with Los Angeles County. Additionally, the
applicant shall conform to all NPDES requirements.
(w) All handicap parking shall comply with current State handicap
accessible regulation. Van parking shall be provided. Site plan
shall delineate path of travel from parking lot to building. Cross
slope shall not exceed two percent. All bathroom and ramps shall
be designed in compliance with State handicap accessible
regulations. Required handicap signage shall be installed at each
entrance.
(x) Plans shall conform to State and Local Building Code-(i.e. 1994
Uniform Building Code, Uniform Plumbing Code, Uniform
Mechanical Code, and the 1993 National Electrical Code) and
State Energy Code requirements.
(y) Construction plans shall be engineered to meet wind loads of 80
M.P.H. with a "C" exposure.
(z) Pursuant to the Building and Safety Division requirements, the
applicant shall provide construction fencing surrounding the
boundaries of the project site.
(aa) Applicant shall submit construction plans to the Los Angeles
County Fire Department for review and approval. Plans shall
comply with all applicable fire codes.= -
(bb) Applicant shall obtain and record a reciprocal parking and access
agreement that includes all four parcels (Diamond Bar Honda
dealership, Burger King restaurant and car wash facility).
(cc) Gasoline delivery shall not occur during operational hours of the car
wash.
(dd) Prior to the issuance of any City permits, the applicant shall
negotiate with Cal -Trans in order to install landscaping and
irrigation on Cal -Trans property adjacent to the north elevation of
11
the auto service center and the car wash. If an agreement is
obtained, maintenance of this landscape area shall be thei��'�'h
applicant's responsibility.
(ee) Applicant shall be responsible for maintaining a graffiti free project
site and a graffiti free area adjacent to the project site over which
the applicant has.control. The applicant shall be responsible for
'the graffiti removal within 48 hours of it appearance or upon
notification to the applicant of its appearance.
(ff) All under ground tanks, contaminant storage tanks and storage
tanks for oil, fluids and all other chemicals shall meet all
environmental requirements including the applicant obtaining the
appropriate permits from South 'Coast Air Quality Management
District, California Regional Water Quality Board and the Fire
Department.
(gg) This grant for an extension of time is valid for one year from the
original two -years approved by the Planning Commission on June
22, 1999. Therefore, this grant is valid until June 22, 2002.
(hh) 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 r9
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.
(ii) 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 tl)Is
grant's approval, a cashier's check of $25.00 for a document<ry
handling fee in connection with Fish- and Game Coc
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.
12
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified
mail, to: Mathew Tachdjian, Col -Am Properties, LLC, P.O. Box
4655, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 26TH OF JUNE 2001 , BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:—
Bob Zirbes, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th
day of June 2001, by the following vote:
AYES: Zirbes, Tye, Ruzicka, Nelson, Kuo
NOES: None
ABSENT: None
ABST
AIN:
ATTEST:
efano, Secretary
13
PLANNING COMMISSION
RESOLUTION NO. 2001-22
A RESOLU71ON OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING CONDITIONAL
USE PERMIT NO. 98-7(I) AND DEVELOPMENT REVIEW
NO. 9812 (1) FOR MODIFICATIONS AND AN EXTENSION
OF TIME TO THE JUNE 22, 1999 PLANNING
COMMISSION APPROVAL FOR THE CONSTRUCTION OF
A CAR WASH FACILITY THAT CONSISTS OF A RETAIL
SALES BOUTIQUE WITH OFFICE AND CASHIER, LUBE
CENTER, AUTO SERVICE CENTER, FUEL DISPENSER/
QUEUING AREA, VACUUM AND DRYING AREA AND
NEW CAR STORAGE AREA. THE PROJECT SITE IS
LOCATED AT 515 S. GRAND AVENUE, (PARCELS 3 AND
4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA.
A. RECITALS.
The property owner/applicant Mathew Tachdjian of Col-Arn Properties, LLC
has filed an application for modifications and an extension of time to
Conditional Use Permit No. 98-7 and Development Review No. 98-12
approved by the Planning Commission on June 22, 1999. The project
site is located at 515 S. Grand Avenue, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Conditional
Use Permit and Development Review shall be referred to as the
2. The Planning Commission of the City of Diamond Bar on June -26,
2001,conducted a duly noticed public hearing on the Application. At that
time, the public hearing was opened, public comments were heard and
the public hearing was concluded.
3. Notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on
June 15, 2001. Public hearing notices were mailed to approximately four
property owners of record within a 500 -foot radius of the project and the
public notice was posted in three public places on June 12 2001.
Furthermore, the project site was posted with the required display board
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
1. This Planning Commission hereby specifically finds that all of the
The Planning Commission hereby finds that pursuant to the provisions
of the California Environmental Quality Act (CEQA), Section
15070, the City has determined that a Negative Declaration was
required for this project. The City prepared and adopted Negative
Declaration No. 99-3 on June 22, 1999. Pursuant to CEQA
Section 15162(a), the City has determined that the proposed
modifications and extension of time do not substantially change
the project, thereby causing significant environmental effects or a
substantial increase in the severity of the previously identified
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
4. Based on the findings and conclusions set forth herein, this Planning
(a) The project relates to a rectangular -shaped vacant site,
consisting of two parcels (Parcel 3 - approximately 36,350
square feet and Parcel 4 - approximately'I 0,070 square
feet) approximately 1.06 acres. The project site is denude of
vegetation with existing walls adjacent to the north and
south property lines and within the eastern portion of the
project site near Grand Avenue. The project site's
topography begins at an elevation of rapproximately 699
feet, at Grand Avenue and slopes down to Old Brea Canyon
(b) The project site has a General Plan land use designation of General
Commercial (C). Pursuant to the General Plan, this land use
designation provides for the establishment of freeway -oriented, and/or
development within the General Commercial (C)
designation is permitted to maintain a maximum floor area
(c), The project site is within the Regional Commercial (C-3)
Zone. This zoning designation permits a wide range of uses
(i.e. retail trade, services, fueling/service stations, vehicle
repair/maintenance, auto sales, car washes, restaurant's,
etc.) The proposed car wash facility is in compliance with
(d) Generally, the following zones and uses surround the project
site: To the north is the Burger King restaurant, Diamond
Bar Honda dealership, C-3 Zone and boundary for the City
of Industry; to the south is the Pomona (SR -60) Freeway; to
the east is Grand Avenue and boundary for the City of IndL-
stry; and to the west is Old Brea Canyon Road and
boundary for -,'he City of Industry.
(e) The Application request is to construct an automated car wash
facility that consists of the following: A wash tunnel of
approximately 2,530 square feet; retail sales boutique, area
with,, office, cashier and restroom, approximately 2,520
square feet; lube center, approximately 1,440 square feet;
auto service center, approximately 4,367 square feet; fuel
dispensers/queuing area; vacuum, and drying areas and
new car storage area. The proposed modifications include
deleting the detail center, two new car display platforms and
DEVELOPMENT
(f) The design and layout of the proposed &-velopment is
consistent with the applicable elements of the City's C-
aneral Plan, City Design Guidelines, and development
standards (.f the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas,
The proposed project provides for the establishment of
service and retail uses that are consistent with the General
Plan's Regional Commercial land use designation. It is also
consistent with the General Plan because the proposed
project takes advantage of freeway visibility and it will be a
3
provides an opportunity for retail and other non-
residential commercial uses; promotes the economic
development within the City by providing an attractive,
well -serviced, well -protected environment for all
residents and visitors, promotes local job opportunities,
and provide unity with adjacent commercial
developments. Pursuant to the City's Design
Guidelines, the proposed :project is compatible with
other commercial developments within the area and
reflex community character while suggesting
uniqueness and quality. Pursuant to the General Plan
and City Design Guidelines and as amended herein, the
proposed project will yield a pleasant environment
through its design, use of materials, colors and
(g) The design and layout of the proposed development will not
interfere with the use and enjoyment of neighboring existing
or future development and will not create traffic or
The proposed project is within the Regional Commercial
Zone, which permits the proposed uses with a
Conditional Use Permit approval. The proposed project
is located within an established commercial
development at the City boundary. The proposed
development's design (as amended herein) and layout
will unify and integrate the proposed development with
the existing adjacent development. Additionally, as
referenced in the traffic impact study dated June 10,
(h) I)e architectural design of the proposed development is ct.-
)mpatible with the character of the surrounding
neighborhood and v it] maintain the harmonious, orderly
and attractive development contemplated by Chapter
As referenced in Item 4. (f) above and (i) below, the
proposed project will be consistent and compatible
with the architectural design, materials, and colors of
the commercial development within the area. Therefore,
4
the harmonious, orderly and attractive development
contemplated b the City's Development Review
(i) The design of the proposed development will provide a
desirable environment for its occupants and visiting
public as well as its neighbors through good aesthetic
use of materials, texture, and color that will remain
As referenced in the above findings, the proposed
project, as amended herein, will provide a desirable
environment for its occupants and visiting public as
well as its neighbors through good aesthetic use of
materials, texture and color that will remain
aesthetically appealing. The construction materials,
The proposed development will not be detrimental to
public health, safety or welfare or materially injurious
(e.g. negative affect on property values or resale(s) of
property) to — the properties-- or improvements in the
vicinity; and
Before the issuance of any City permits, the proposed
project is required to comply with all conditions within
the approved resolution and the Building and Safety
Division, Public Works Division and Fire Department
requirements. The referenced agencies'involvement will
(k) The proposed project has been reviewed in compliance
provisions of the California Environmental Quality Act
(CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEGA),
Section 15070, the City determined that a Negative Declaration was required for this
project. The City prepared and adopted Negative Declaration No. 99-3 on June 22, 1999.
Pursuant to CEQA Section 15162(a), the City has determined that the proposed
revisionlextension of time does not substantially changed the project, thereby causing
significant environmental effects or a substantial increase in the severity of the
previously identified significant effects. Therefore, no further environment r'T review Is
required.
N7
CONDITIONAL USE
(1) The proposed use is allowed within the subject zoning district
with the approval of a Conditional Use Permit and complies
with will other applicable provisions of the Development
Pursuant to Development Code Table 3- 10, the proposed
uses are either permitted with a Conditional Use Permit or
permitted by right within the C-3 Zone. As conditioned and
amended herein, the proposed- uses will comply with all
other applicable provisions of the Development Code and
the Municipa[Code.
(m) The proposed use is consistent with the General Plan and any
There is no specific plan for the project area. As referenced
in Item (f) above, the proposed project is consistent with the
(n) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future
As referenced in Item 4. (f) and (i) above, the proposed
project, as amended herein, will be consistent and
compatible with the architectural design, materials, and
colors of the commercial development within the area. The
project site is adequate in size to accommodate the
proposed project, as amended herein, with the requirement
that the applicant obtain and record a reciprocal parking and
access agreement Operating characteristics will be
compatible with the existing and future land uses in the'
vicinity asconditioned through the Conditional Use Permit
process.
(o) The subject site is physically suitabll-- for the type and
density/intensity of the use being propoted including
access, provision of utilities, compatibility with adjoir,:ng
land uses, and the absence of physical constraints;
As referenced in Item (h) above, the subject site is physically
suitable to the proposed project. Access has been reviewed
in a traffic impact study prepared by Associated Traffic
to existing utilities. As referenced above in Items (f), (g),
(h), (i) and (n), the proposed project will be compatible
with adjoining land uses. As proposed, the project is
absent physical constraints.
(p) Granting the Conditional Use Permit will not be
detrimental to the public interest, health, safety,
As amended herein, conditioned, and with appropriate
permits and inspections, the granting of the Conditional
Use Permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to
Modifications
(q) Circumstances have been changed by the applicant to a
degree that one or more of the findings contained in
the original permit can no longer be made and/or the
On April 18, 200 1, the applicant submitted a request in
writing for a one-year extension of time. Due to
financial reasons and proposed modifications that will
reduce the project's cost, the applicant is not able to
Extension of Time
(r The permittee has established, with substantial evidence -
beyond, the control of the permittee (e.g.,
demonstration of financial hardship, legal pr,blems with
the closure of the sale of the parcel, poor weather cc
On April 18, 200 1, the applicant submitted a request in
writing for a one-year extension of time. Due to financial
reasons and proposed modifications that will reduce
the project's cost, the applicant is not able to proceed
Based on the findings and conclusions set forth above, the
Planning Commission hereby approves the Application
(a) The project shall substantially conform to site plan,
grading plan, floor plan, elevations, final
landscape/irrigation plan, final exterior and parking lot
lighting plan/study and colors/materials board
collectively labeled as Exhibit "A" dated June 26, 2001,
(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 collections, transportation, and
disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It
(c) Before the issuance of any City permits, the applicant
shall submit a final landscape/irrigation plan that
delineates plant species,sizei, quantity and location, for
the City's review and approval. The final landscape
plans shall also in' clude tree species and size
approved by the City, to be utilized as a uniforming
element that ties -together the proposed development
with the existing developmen.t. Any existing
landscaping that ! has died or is destroyed during
construction shall be replaced matching the existing
landscaping. Additionally, the final landscape plan shall
delineate the four required trees within the parking
(d) Before the issuance of any City permits, the applicant
shall submit an exterior lighting plan/study for the
City's review and approval. Lighting shall, comply with
(e) All roof -mounted equipment shall be screened from
(f) Prior to the issuance of a building permit, the applicant
shall submit a final detail of the trash/recycle bin
0
Prior to the issuance of any City permits, the applicant shall
submit a revised site plan for the City's review and approval
that modifies the employee/service parking area to provide
approximately 21 parking spaces, 9 feet wide by 19 feet
long with a 26 -foot backup aisle. Additionally, the main
access (from Old Brea Canyon Road) aisle shall be at least
twenty-five feet wide. Furthermore, a landscape finger shall
(h) Prior to the issuance of any City permits, the applicant shall
delineate, on a revised site plan for the City's review and
approval, pedestrian access from the car wash site to the
(i) The secondary driveway at Brea Canyon Road shall be utilized
(j) The proposed project shall comply with the City's noise
standards. The car wash force -air blower shall be operated
only between the hours of 7:00 a.m. and 8:00 p.m. and in a
manner that does not exceed 60 dBA at any point on
contiguous receptor property„ five feet above grade level,
no closer than three feet from any wall in a
commercial/industrial locafion.
(k) Prior to the issuance of any City permits, the applicant shall
(1) Prior to final ins pecti on/occu pancy, the applicant shall pay
their 'lair -share" (1.420/0/ $7,244) of the installation of the
following traffic improvements measures as required by the
(1) Grand Avenue and SR-57/SR-60 west bound ramp:
Pr„vide an additional right -turn lane and an additional
left -turn ane on the off ramp resulting in two left -turn
(2) Provide an additional through lane on the northbound.
approach of Grand Avenue resulting in three through
lanes.
(m) Prior to the issuance of any City permits, the applicant shall
submit a complete grading plan in accordance with the
City's grading requirements for the City's review and
(1) Be signed/stamped by a civil engineer, geotechnical
engineer and geologist as required;
(2) Delineate the proposed and existing topography;
(3) Delineate finish surface, finish grade, flow lines, top of
wall, bottom of wall, bottom of footing and finished
surface for proposed retaining walls;
(4) Delineate proper drainage with details and sections; and
(n) Plans shall delineate retaining wall sections drawn to scale with
appropriate details, type of retaining wall and structural
(o) Before the issuance of any City permits, the applicant shall
submit an erosion control plan for the City's review and
approval. The erosion control plan shall conform to National
Pollutant Discharge Elimination System NPDES) standards
and incorporate the appropriate Best Management
(p) The applicant shall be responsible for sewer and storm drain
system/lateral installation and shall ensure connection with
the Los Angeles County Department of Public Works for
storm drain and sewer lateral if there are none currently
available. Additionally, the applicant shall pay the County
Sanitation District for connection fees. Furthermore, the
applicant shall be responsible for all costs associated with
(q) Prior to final inspection, the applicant shall install full sidewalk
improvements along the property frontage at Old Brea
Canyon, Road to the satisfaction of the Deputy Public Works
Director and with an encroachmei —i permit. The sidewalk
(r) Applicant shall subn1 a soils report, for the City's review and
approval, incorporating the scope of the proposed
development. The soils report shall give appropriate
recommendation for the project's construction including the
suitability of the retaining wall to withstand pressure of the
(s) Driveway improvement shall be required at the appropriate
(t) Prior to the issuance of any City permits, the applicant shall
easement dedicated to Los Angeles County Flood
Control District along the northerly end of Parcels 3
and 4.
(u) Applicant shall be responsible for all utility improvements. All
utility improvement shall be made prior to occupancy. If cuts
(v) Applicant shall be responsible for acquiring the appropriate
industrial waste permits with Los Angeles County.
(w) All handicap parking shall comply with current State handicap
accessible regulation. Van parking shall be provided. Site
plan shall delineate path of travel from parking lot to building.
Cross slope shall not exceed two percent. All bathroom and
ramps shall be -designed in compliance with State handicap
accessible regulations. Required handicap signage shall be
(x) Plans shall conform to State and Local Building Code- (i.e.
1994 Uniform Building Code, Uniform Plumbing Code,
Uniform Mechanical Code, and the 1993 National Electrical
Code) and State Energy Code requirements.
(y) Construction plans shall be engineered to meet wind loads of 80
(z) Pursuant to the Building and Safety Division requirements, the
applicant shall provide construction fencing surrounding the
(aa)- Applicant shall submit construction plans to the Los Angeles
comply with all applicable fire codes.—
(bb) Applicant shall obtain and record a reciprocal parking and
access agreement that includes all four parcels (Diamond
Bar Honda dealership, Burger King restaurant and car wash
facility).
(dd) Prior to the issuance of any City permits, the applicant shall
negotiate with Cal -Trans in order to install landscaping and
the auto service center and the car wash. If an
agreement is obtained, maintenance of this landscape
area shall be the applicant's responsibility.
(ee) Applicant shall be responsible for maintaining a graffiti
free project site and a graffiti free area adjacent to the
project site over which the applicant has.control. The
applicant shall be responsible for 'the graffiti removal
(ff) All under ground tanks, contaminant storage tanks and
storage tanks for oil, fluids and all other chemicals
shall meet all environmental requirements including the
applicant obtaining the appropriate permits from South
Coast Air Quality Management District, California
Regional Water Quality Board and the Fire Department.
(gg) This grant for an extension of time is valid for one year
from tho original two -years approved by the Planning
(hh) 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
(ii) 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 t!)Is grant's approval, a cashier's check of $25.00 for
a documentp-,ry handling fee in connection with Fish-, and
Game Coua requirements. Furthermore', if this project is not
exempt from a filiog 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
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, to: Mathew Tachdjian, Col -Am Properties,
LLC, P.O. Box 4655, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 26TH OF JUNE 2001 BY
BY: Bob Zirbes, Chairman
1, James DeStefano, Planning Commission Secretary, do hereby certify
City of Diamond Bar, at a regular meeting of the Planning Commission held
on the 26th day of June 2001, by the following vote:
AYES: Zirbes, Tye, Ruzicka, Nelson, Kuo NOES: None
ABSENT: None N Nor ABS AIN: Nonjo, ATTEST:
dames D e!
ames DeStefano, Secretary