HomeMy WebLinkAboutPC 2002-08A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.
2002-02, DEVELOPMENT REVIEW NO. 2002-06, AND VARIANCE
NO. 2002-01 FOR THE CONSTRUCTION OF A CAR WASH WITH A
RETAIL SALES BOUTIQUE, THREE -BAY LUBE CENTER, SIX -BAY
AUTO SERVICE CARE CENTER, CANOPY WITH FUEL DISPENSING
PUMPS AND TWO PLATFORMS TO DISPLAY NEW CARS.
ADDITIONALLY, THE PROJECT INCLUDES THE CONSTRUCTION
OF AN 18 -FOOT HIGH RETAINING WALL. The PROJECT SITE IS
LOCATED AT 515-525 S. GRAND AVENUE (PARCELS 3 AND 4 OF
PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC
has filed an application for Conditional Use Permit No. 2002-02,
Development Review No. 2002-06, and Variance No. 2002-01 for property
located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Conditional Use Permit,
Development Review, and Variance shall be referred to as the "Application."
2. On March 28, 2002, public hearing notices were mailed to approximately four
property owners of record within a 500 -foot radius of the project.
Furthermore, the project site was posted with the required display board and
the public notice was posted in three public places. On March 29, 2002,
notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On June 22, 1999, the Planning Commission approved this project with its
entitlement expiring on June 22, 2001. On June 26, 2001, the Planning
Commission approved a one-year extension of time for this project with a
minor modification. The extension of time will expire on June 26, 2002. As a
result, the applicant has submitted a new Application that reflects the project
approved by the Commission on June 22, 1999, with a minor modification.
4. On April 9, 2002, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application. At that time, the
public hearing was opened, public comments were heard and the public
hearing was concluded.
PLANNING COMMISSION
RESOLUTION NO. 2002-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.
2002-02, DEVELOPMENT REVIEW NO. 2002-06, AND VARIANCE
NO. 2002-01 FOR THE CONSTRUCTION OF A CAR WASH WITH A
RETAIL SALES BOUTIQUE, THREE -BAY LUBE CENTER, SIX -BAY
AUTO SERVICE CARE CENTER, CANOPY WITH FUEL DISPENSING
PUMPS AND TWO PLATFORMS TO DISPLAY NEW CARS.
ADDITIONALLY, THE PROJECT INCLUDES THE CONSTRUCTION
OF AN 18 -FOOT HIGH RETAINING WALL. The PROJECT SITE IS
LOCATED AT 515-525 S. GRAND AVENUE (PARCELS 3 AND 4 OF
PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC
has filed an application for Conditional Use Permit No. 2002-02,
Development Review No. 2002-06, and Variance No. 2002-01 for property
located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Conditional Use Permit,
Development Review, and Variance shall be referred to as the "Application."
2. On March 28, 2002, public hearing notices were mailed to approximately four
property owners of record within a 500 -foot radius of the project.
Furthermore, the project site was posted with the required display board and
the public notice was posted in three public places. On March 29, 2002,
notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On June 22, 1999, the Planning Commission approved this project with its
entitlement expiring on June 22, 2001. On June 26, 2001, the Planning
Commission approved a one-year extension of time for this project with a
minor modification. The extension of time will expire on June 26, 2002. As a
result, the applicant has submitted a new Application that reflects the project
approved by the Commission on June 22, 1999, with a minor modification.
4. On April 9, 2002, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application. At that time, the
public hearing was opened, public comments were heard and the public
hearing was concluded.
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 project identified above in
this Resolution is consistent with the previously prepared Negative
Declaration No. 99 -03 adopted on June 22, 1999. Pursuant to CEQA
Section 15162 (a), the City has determined that the proposed project is not a
substantial change to the previously approved project, thereby causing
significant environmental effects or a substantial increase in -the severity of
the previously identified significant effects. Therefore, further environmental
review is not required. Furthermore, Negative Declaration No. 99-3 reflects
the independent judgment 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. Baseduponsubstantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a rectangular -shaped vacant lot, consisting of
two parcels (Parcel 3 — approximately 36,350 square feet and
Parcel - approximately 10,070 square feet) approximately 1.06
acres. The project site is basically denude of vegetation with existing
walls adjacent to the north and south property lines and within the
eastern portion of the project site near Grand Avenue. The project
site's topography begins at 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 Plan, this land use
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designation provides for the establishment of freeway -oriented, and/or
community retail and service commercial uses. Additionally,
' development within the C designation is permitted to maintain a
maximum floor area ratio (FAR) of 1.00. The project's FAR is 0.24.
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(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, restaurants, etc.)
(d) Generally, the following zones and uses surround the project site: To
the north is the Burger King restaurant, Diamond Bar Honda
dealership, C-3 Zone and boundary for the City of Industry; to the
south is the Pomona (SR -60)' Freeway; to the east is Grand Avenue
and boundary for the City of Industry; and to the west is Old Brea
Canyon Road and boundary for the City of Industry.
(e) The Application request is to construct an automated hand car wash
facility that consists of the following: A wash tunnel of approximately
2,402 square feet; retail sales boutique area, approximately 2,089
square feet; three -bay lube center, approximately 1,140 square feet;
six -bay auto service center, approximately 4,150 square feet; canopy
with fuel dispensers; vacuum and queuing and drying areas; two
platforms to display new cars; and retaining wall with a maximum
height of 18 feet. Additionally, the display platform and six -bay auto
service center will be an expansion of the Honda dealership.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas (e.g.,
theme areas, specific plans, community plans, boulevards or planned
developments).
The proposed project provides for the establishment of service and
retail uses that are consistent with the General Plan's Regional
Commercial land use designation. Pursuant to the General Plan and
as amended herein, the proposed project will yield a pleasant
environment for those working and visiting the car wash facility
through its design, use of materials and colors, landscaping that will
offer a variety of plant species and adequate on-site parking with the
required recorded reciprocal parking and access agreement.
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(g) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
The proposed project is within the Regional Commercial Zone, which
permits the proposed uses. The proposed project is located within an
established commercial development at the boundary of the City. The
proposed development's design (as amended herein) and layout will
unify and integrate the proposed development with the existing
adjacent development. Additionally, as referenced in the traffic
impact study dated June 10, 1999, prepared by Associated Traffic
Consultants, the proposed project will not create traffic or pedestrian
hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review standards, City Design
Guidelines and the City's General Plan.
As also referenced in Item 4. (f) above and (i) below, the proposed
project will be consistent and compatible with the architectural design,
materials, and colors of the commercial development within the area.
Therefore, the proposed project will be compatible with the character
of the surrounding neighborhood and will maintain the harmonious,
orderly and attractive development contemplated by the City's
Development Review requirements, Design Guidelines and General
Plan.
(i) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance.
As referenced in the above findings, the proposed project, as
amended herein, will provide a desirable environment for its
occupants and visiting public as well as its neighbors through good
aesthetic use of materials, texture and color that will remain
-aesthetically appealing. The construction materials, concrete block,
glass and metal will retain a reasonably adequate level of
maintenance.
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Q) The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division and Fire
Department requirements. The referenced agencies' involvement will
ensure that the proposed development is not detrimental to the public
health, safety or welfare or materially injurious to the properties or
improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Quality Act,
the project identified above in this Resolution is consistent with the
previously prepared Negative Declaration No. 99 -03 adopted on
June 22, 1999. Pursuant to CEQA Section 15162 (a), the City has
determined that the proposed project is not a substantial change to
the previously approved project, thereby causing significant
environmental effects or a substantial increase in the severity of the
previously identified significant effects. Therefore, further
environmental review is not required. Furthermore, Negative
Declaration No. 99-3 reflects the independent judgement of the City of
Diamond Bar.
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 other
applicable provisions of the Development Code and the Municipal
Code;
Pursuant to Tables 3-10, the proposed uses are either permitted with
a Conditional Use Permit or permitted by right within the C-3 Zone.
As conditioned and amended herein, the proposed uses will comply
with all other applicable provisions of the Development Code and the
Municipal Code.
(m) The proposed use is consistent with the General Plan and any
applicable specific plan;
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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;
As also referenced in Item 4. (f) and (i) above, the proposed project,
as amended herein, will be consistent and compatible with the
architectural design, materials, and colors of the commercial
development within the area. The project site is adequate in size to
accommodate the proposed project, as amended herein, with the
requirement that the applicant obtain and record a reciprocal parking
and access agreement. Operating characteristics will be compatible
with the existing and future land uses in the vicinity as conditioned
through the Conditional Use Permit process.
(o) The subject site is physically suitable for the type and density/intensity
of the use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
As referenced in Item (h) above, the subject site is physically suitable
to the proposed project. Access has been reviewed in a traffic impact
study prepared by Associated Traffic Consultants and the City's traffic
engineer/Public Works Division. The access was deemed adequate.
Utilities are existing and as required in the conditions of approval, the
proposed project will be able to hook-up to existing utilities. As
referenced above in Items (f), (g), (I), (n), and (o), 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.
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VARIANCE
' (q) There are special circumstances applicable to the property (e.g.,
location, shape, size, surroundings, topography, or other conditions),
so that the strict application of this Development Code denies the
property owner privileges enjoyed by other property owners in the
vicinity and under identical zoning districts or creates an unnecessary
and on -self created, hardship or unreasonable regulation which make
it obviously impractical to require compliance with the development
standards;
The Variance is related to an 18 -foot high retaining wall, which will
support a display platform for cars (extension of the Honda
dealership) adjacent to Grand Avenue. Grand Avenue is at an
elevation of approximately 700 feet. Abutting Grand Avenue, the
project site's elevation varies to approximately 688 feet. Due to the
site's topography and the desire to bring a portion of the proposed
development up to street level (which is common for most commercial
development within the City), the 18 -foot high retaining wall is needed.
(r) Granting the Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning district and denied to the
property owner for which the Variance is sought;
As referenced in Item (q) above, granting the Variance is necessary
for the preservation and enjoyment of substantial property rights
possessed by other property owners in the same vicinity and zoning
district and denied to the property owner for which the Variance is
sought;
(s) Granting the Variance is consistent with the General Plan and any
other applicable specific plan;
The proposed retaining wall is consistent with the General Plan in that
it allows for the expansion of the Honda dealership by providing a
platform area for display of cars. This display area will assist in
minimizing sales tax leakage to other cities that have auto malls. The
granting of the Variance allows further development of a business in a
manner that takes advantage of freeway visibility as referenced in
Strategy 1.3.2 of the General Plan. Furthermore, the granting of this
Variance expands the Honda dealership, thereby retaining and
expanding an established business as referenced in Strategy 1.3.4.
Therefore, granting the Variance is consistent with the General Plan.
The project site is not within a specific plan area.
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(t) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City;
As referenced in Items (h), (i), (j) and (r) above, the proposed
entitlement would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City;
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, final landscape/irrigation plan, final exterior and
parking lot lighting plan/study and colors/materials board collectively
labeled as Exhibit "A", dated April 9, 2002, as submitted and
approved by the Planning Commission, as amended herein.
(b) The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, `and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the. City of Diamond Bar to provide such
services.
(c) Before the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan that delineates plant species, size,
quantity and location, for the City's review and approval. The final
landscape plans shall also include tree species and size approved by
the City, utilized as a uniforming element that ties -together the
proposed 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.
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(d) Before the issuance of any Citypermits, the applicant shall submit an
exterior lighting plan/study for the City's review and approval. Lighting
' shall comply with all applicable Development Code standards.
(e) All roof -mounted equipment shall be screened from public view.
(f) Prior to the issuance of a building permit, the applicant shall submit a
final detail of the trash/recycle bin enclosure for the City's review and
approval.
(g) Proposed retaining wall shall not exceed 18 feet in height.
(h) Prior to the issuance of any City permits, the applicant shall delineate
pedestrian access from the car wash site to the Burger King
restaurant site on a revised site plan for the City's review and
approval.
(i) The proposed project shall comply with the City's noise standards.
The car wash force -air blower shall be operated only between the
hours of 7:00 a.m. and 8:00 p.m. and in a manner that does not
exceed 60 dBA at any point on contiguous receptor property, five feet
above grade level, no closer than three feet from any wall in a
commercial/industrial location.
' (j) Prior to the issuance of any City permits, the applicant shall obtain
City approval for and shall record the proposed lot line adjustments.
(k) Prior to final inspection/occupancy, the applicant shall pay their "fair -
share" (1.420/o/ $7,244) of the installation of the following traffic
improvements measures as required by the Public Works Director
and Cal -Trans:
(1) Grand Avenue and SR-57/SR-60 west bound ramp: Provide an
additional right -turn lane and an additional left -turn lane on the
off ramp resulting in two left -turn and two right -turn lanes; and
(2) Provide an additional through lane on the northbound
approach of Grand Avenue resulting in three through lanes.
(1) Prior to the issuance of any City permits, the applicant shall submit a
complete grading plan in accordance with the City's grading
requirements for the City's review and approval. The grading plan
shall:
(1) Be signed/stamped by a civil engineer, geotechnical engineer
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and geologist as required;
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(2) Delineate the proposed and existing topography; --
(3) Delineate finish surface, finish grade, flow lines, top of wall,
bottom of wall, bottom of footing and finished surface for
proposed retaining walls;
(4) Delineate proper drainage with details and sections; and
(5) Indicate quantity and earth work calculation.
(m) Plans shall delineate retaining wall sections drawn to scale with
appropriate details, type of retaining wall and structural calculations.
(n) Before the issuance of any City permits, the applicant shall submit an
erosion control plan for the City's review and approval. The erosion
control plan shall conform to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's). Additionally, the applicant shall
obtain the necessary NPDES permits.
(o) The -applicant shall - be responsible for sewer and storm drain
system/lateral installation and shall ensure connection with the Los
Angeles County Department of Public Works for storm drain and
sewer lateral if there are none currently available. Additionally, the
applicant shall pay the County Sanitation District for connection fees.
Furthermore, the applicant shall be responsible for all costs
associated with the improvement, review and approval for the addition
of sewer or storm drains.
(p) Prior to final inspection, the applicant shall install full sidewalk
improvements along the property frontage at Old Brea Canyon Road
to the satisfaction of the Public Works Director and with an
encroachment permit. The sidewalk width shall match and join
existing sidewalk.
(q) Applicant shall submit a soils report, for the City's review and
approval, incorporating the scope of the proposed development. The
soils report shall give appropriate recommendation for the project's
construction including the suitability of the retaining wall to withstand
pressure of the retained soil and proposed development.
(r) Driveway improvement shall be required at the appropriate width.
(s) Prior to the issuance of any City permits, the applicant shall submit a
revised site plan accurately delineating the existing storm drain
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easement dedicated to Los Angeles County Flood Control District
along the northerly end of Parcels 3 and 4.
(t) Applicant shall be responsible for all utility improvements. All utility
improvement shall be made prior to occupancy. If cuts within the City
right-of-way are required, the applicant shall obtain the appropriate
encroachment permits and pay the appropriate fees.
(u) Applicant shall be responsible for acquiring the appropriate industrial
waste permits with Los Angeles County. Additionally, the applicant
shall conform to all NPDES requirements.
(v) All handicap parking shall comply with current State handicap
accessible regulation. Van parking shall be provided. Site plan shall
delineate path of travel from parking lot to building. Cross slope shall
not exceed two percent. All bathroom and ramps shall be designed in
compliance with State handicap accessible regulations. Required
handicap signage shall be installed at each entrance.
(w) Plans shall conform to State and Local Building Code (i.e. 1998
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and the 1998 National Electrical Code) and State Energy Code
requirements.
(x) Construction plans shall be engineered to meet wind loads of 80
M.P.H. with a "C° exposure.
(y) Pursuant to the Building and Safety Division requirements, the -
applicant shall provide construction fencing surrounding the
boundaries of the project site.
(z) Applicant shall submit construction plans to the Los Angeles County
Fire Department for review and approval. Plans shall comply with all
applicable fire codes.
(aa) Applicant shall obtain and record a reciprocal parking and access
agreement that includes all four parcels (Diamond Bar Honda
dealership, Burger King restaurant and car wash facility).
(bb) Gasoline delivery shall not occur during operational hours of the car
wash.
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(cc) Adjacent to the north elevation of the six -bay auto care center and the
car wash, the applicant shall negotiate with Cal -Trans in order to
install landscaping and irrigation on Cal -Trans property. If an
agreement is obtained, maintenance of this landscape area shall be
the applicant's responsibility.
(dd) Applicant shall be responsible for maintaining a graffiti free project site
and a graffiti free area adjacent to the project site over which the
applicant has control. The applicant shall be responsible for the
graffiti removal within 48 hours of it appearance or upon notification to
the applicant of its appearance.
(ee) All under ground tanks, contaminant storage tanks and storage tanks
for oil, fluids and all other chemicals shall meet all environmental
requirements including the applicant obtaining the appropriate permits
from South Coast Air Quality Management District, California
Regional Water Quality Board and the Fire Department.
(ff) Prior to the issuance of any City permits, the applicant shall submit to
a revised site plan delineating the consolidation of the vacuum area
and fuel canopy, thereby providing four or more additional parking
spaces and reducing additional on-site activity for the City's review
and approval. As a result, a total of 28 or more on-site parking
spaces will be provided.
(gg) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
engineer.
(hh) This grant is valid for two years and shall be exercised
(i.e., construction started) within that period or this grant shall expire.
A one-year extension of time may be approved when submitted to the
City in writing at least 60 days prior to the expiration date. The
Planning Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(ii) This grant shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval of this grant, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware of and agree to accept all the
conditions of this grant. 'Further, this grant shall not be effective until
the permittee pays remaining City processing fees for all projects
processed for the subject properties, school fees and fees for the
review of submitted reports.
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(jj) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore,
if this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: Mathew Tachdjian, Col -Am Properties, LLC, P.O. Box 4655,
Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 9TH OF APRIL 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
' BY: '
Joe Ruzicka, CMai an
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 9th day
of April 2002, by the following vote:
AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST:
James DeStefan , Secretary
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'LANNING COMMISSION RESOLUTION NO. 2002-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.
2002-02, DEVELOPMENT REVIEW NO. 2002-06, AND VARIANCE
NO. 2002-01 FOR THE CONSTRUCTION OF A CAR WASH WITH A
RETAIL SALES BOUTIQUE, THREE -BAY LOBE CENTER, SIX -BAY
AUTO SERVICE CARE CENTER, CANOPY WITH FUEL
DISPENSING PUMPS AND TWO PLATFORMS TO DISPLAY NEW
CARS. ADDITIONALLY, THE PROJECT INCLUDES THE
CONSTRUCTION OF AN 18 -FOOT HIGH RETAINING WALL. The
PROJECT SITE IS LOCATED AT 515-525 S. GRAND AVENUE
A. RECITALS.
1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC has
filed an application for Conditional Use Permit No. 2002-02, Development
Review No. 2002-06, and Variance No. 2002-01 for property
located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Conditional Use Permit,
Development Review, and Variance shall be referred to as the "Application."
2. On March 28, 2002, public hearing notices were mailed to approximately four
property owners of record within a 500 -foot radius of the project.
Furthermore, the project site was posted with the required display board
and the public notice was posted in three public places. On March 29,
2002, notification of the public hearing for this project was provided in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On June 22, 1999, the Planning Commission approved this project with its
entitlement expiring on June 22, 2001. On June 26, 2001, the Planning
Commission approved a one-year extension of time for this project with a
minor modification. The extension of time will expire on June 26, 2002. As
a result, the applicant has submitted a new Application that reflects the
project approved by the Commission on June 22, 1999, with a minor
4. On April 9, 2002, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application. At that time, the
public hearing was opened, public comments were heard and the public
hearing was concluded.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
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 project identified above in this
Resolution is consistent with the previously prepared Negative Declaration
No. 99: -03 adopted on June 22, 1999. Pursuant to CEQA Section 15162
(a), the City has determined that the proposed project is not a substantial
change to the previously approved project, thereby causing significant
environmental effects or a substantial increase in -the severity of the
previously identified significant effects. Therefore, further environmental
review is not required. Furthermore, Negative Declaration No. 99-3 reflects
the independent judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there is no evidence before
this Planning Commission that the project proposed herein will have the potential
of an adverse effect on wild life resources or the habitat upon which the wildlife
depends. Based. upon substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title
14 of the California Code of Regulations.
Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as
follows:
(a) The project relates to a rectangular -shaped vacant lot, consisting of two
parcels (Parcel 3 - approximately 36,350 square feet and Parcel 4 -
approximately 10,070 square feet) approximately 1.06 acres. The project
site is basically denude of vegetation with existing walls adjacent to the
north and south property lines and within the eastern portion of the project
site near Grand Avenue. The project site's topography begins at 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 Plan, this land use
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designation provides for the establishment of freeway -oriented,
and/or community retail and service commercial uses. Additionally,
development within the C designation is permitted to maintain a
maximum floor area ratio (FAR) of 1.00. The project's FAR is 0.24.
(c) The project site is within the Regional Commercial (C-3) Zone. This
zoning designation permits a wide range of uses (i.e., retail trade,
services, fueling/service stations, vehicle repair/maintenance, auto
sales, car washes, restaurants, etc.)
(d) Generally, the following zones and uses surround the project site: To
the north is the Burger King restaurant, Diamond Bar Honda
dealership, C-3 Zone and boundary for the City of Industry; to the
south is the Pomona (SR -60) Freeway; to the east is Grand Avenue
and boundary for the City of Industry; and to the west is Old Brea
Canyon Road and boundary for the City of Industry.
(e) The Application request is to construct an automated hand car wash
facility that consists of the following: A wash tunnel of approximately
2,402 square feet; retail sales boutique area, approximately 2,089
square feet; three -bay lube center, approximately 1,140 square feet;
six -bay auto service center, approximately 4,150 square feet;
canopy with fuel dispensers; vacuum and queuing and drying areas;
two platforms to display new cars; and retaining wall with a
maximum height of 18 feet. Additionally, the display platform and six -
bay auto service center will be an expansion of the Honda
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas (e.g.,
theme areas, specific plans, community plans, boulevards or
planned developments).
The proposed project provides for the establishment of service and
retail uses that are consistent with the General Plan's Regional
Commercial land use designation. Pursuant to the General Plan
and as amended herein, the proposed project will yield a pleasant
environment for those working and visiting the car wash facility
through its design, use of materials and colors, landscaping that will
offer a variety of plant species and adequate on-site parking with
the required recorded reciprocal parking and access agreement.
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(g) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
The proposed project is within the Regional Commercial Zone, which
permits the proposed uses. The proposed project is located within an
established commercial development at the boundary of the City. The
proposed development's design (as amended herein) and layout will
unify and integrate the proposed development with the existing adjacent
development. Additionally, as referenced in the traffic impact study dated
June 10; 1999, prepared by Associated Traffic Consultants, the
proposed project will not create traffic or pedestrian hazards.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48.20. Development Review
standards, City Design Guidelines and the City's General Plan.
As also referenced in Item 4. (f) above and (i) below, the proposed
project will be consistent and compatible with the architectural design,
materials, and colors of the commercial development within the area.
Therefore, the proposed project will be compatible with the character of
the surrounding neighborhood and will maintain the harmonious, orderly
and attractive development contemplated by the City's Development
Review requirements, Design Guidelines and General Plan.
(i) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and
color that will remain aesthetically appealing and will retain a
reasonably adequate level of maintenance:
As referenced in the above findings, the proposed project, as
amended herein, will provide a desirable environment for its
occupants and visiting public as well as its neighbors through good
aesthetic use of materials, texture and color that will remain
aesthetically appealing. The construction materials, concrete block,
glass and metal will retain a reasonably adequate level of
maintenance.
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Q) The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative affect on property
values or resale(s) of property) to the properties or improvements in
the vicinity; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division and Fire
Department requirements. The referenced agencies' involvement
will ensure that the proposed development is not detrimental to the
public health, safety or welfare or materially injurious to the
properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Quality
Act, the project identified above in this Resolution is consistent with
the previously prepared Negative Declaration No. 99 -03 adopted
on June 22, 1999. Pursuant to CEQA Section 15162 (a), the City
has determined that the proposed project is not a substantial
change to the previously approved project; thereby causing
significant environmental effects or a substantial increase in the
severity of the previously identified significant effects. Therefore,
further environmental review is not required. Furthermore, Negative
Declaration No. 99-3 reflects the independent judgement of the City
of Diamond Bar.
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 other
applicable provisions of the Development Code and the Municipal
Code;
Pursuant to Tables 3-10, the proposed uses are either permitted with a
Conditional Use Permit or permitted by right within the C-3 Zone. As
conditioned and amended herein, the proposed uses will comply with
all other applicable provisions of the Development Code and the
Municipal Code.
(m) The proposed use is consistent with the General Plan and any
applicable specific plan;
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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;
As also referenced in Item 4. (f) and (i) above, the. proposed
project, as amended herein, will be consistent and cmpatible 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 suitable for the type and density/intensity
of the use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
As referenced in Item (h) above, the subject site is physically
suitable - to the proposed project. Access has been reviewed in a traffic impact
study prepared by Associated Traffic Consultants and the City's traffic
- engineer/Public Works Division. The access was deemed adequate.
Utilities are existing and as required in the conditions of approval,
the proposed project will be able to hook-up to existing utilities. As
referenced above in Items (f), (g), (1), (n), and (o), the proposed
project will be compatible with adjoining land uses. As proposed, the
(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
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VARIANCE (q) There are special circumstances applicable to the property (e.g.,
location, shape, size, surroundings, topography, or other
conditions), so that the strict application of this Development Code
denies the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts or creates
an unnecessary and on -self created, hardship or unreasonable
regulation which make it obviously impractical to require compliance
with the development standards;
The Variance is related to an 18 -foot high retaining wall, which will
support a display platform for cars (extension of the Honda
dealership) adjacent to Grand Avenue: Grand Avenue is at an
elevation of approximately 700 feet. Abutting Grand Avenue, the
project site's elevation varies to approximately 688 feet. Due to the
site's topography and the desire to bring a portion of the proposed
development up to street level (which is common for most
commercial development within the City), the 18 -foot high retaining
(r) Granting the Variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other property owners in
the same vicinity and zoning district and denied to the property
owner for which the Variance is sought;
As referenced in Item (q) above, granting the Variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other property owners in the same vicinity and zoning district and
denied to the property owner for which the Variance is sought;
(s) Granting the Variance is consistent with the General Plan and any other
applicable specific plan;
The proposed retaining wall is consistent with the General Plan in
that it allows for the expansion of the Honda dealership by providing
a platform area for display of cars. This display area will assist in
minimizing sales tax leakage to other cities that have auto malls.
The granting of the Variance allows further development of a
business in a manner that takes advantage of freeway visibility as
referenced in Strategy 1.3.2 of the General Plan. Furthermore, the
granting of this Variance expands the Honda dealership, thereby
retaining and expanding an established business as referenced in
Strategy 1.3.4. Therefore, granting the Variance is consistent with
the General Plan. The project site is not within a specific plan area.
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(t) The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City;
As referenced in Items (h), (i), (j) and (r) above, the proposed
entitlement would not be detrimental to the public interest, health,
safety; convenience, or welfare of the City;
5. Based on the findings arid conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, final landscape/irrigation plan, final exterior and
parking lot lighting plan/study and colors/materials board collectively
labeled as Exhibit "A", dated April 9, 2002, as submitted and
approved by the Planning Commission, as amended herein.
(b) The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner; applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the. City of Diamond
Bar to provide such services.
(c) Before the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan that delineates plant species, size,
quantity and location; for the City's review and approval. The final
landscape plans shall also include tree species and size approved
by the City, utilized as a uniforming element that ties -together the
proposed 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.
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(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.
Dof-mounted equipment shall be screened from public view.
(f) Prior to the issuance of a building permit, the applicant shall submit a final
detail of the trash/recycle bin enclosure for the City's review and
approval.
(g) Proposed retaining wall shall not exceed 18 feet in height.
(h) Prior to the issuance of any City permits, the applicant shall delineate
pedestrian access from the car wash site to the Burger King
restaurant site on a revised site plan for the City's review and
approval:
(i) The proposed project shall comply with the City's noise standards. The
car wash force -air blower shall be operated only between the hours
of 7:00 a.m. and 8:00 p.m. and in a manner that does not exceed
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.
r to the issuance of any City permits, the applicant shall obtain City approval for and shall record
the proposed lot line adjustments.
(k) Prior to final inspection/occupancy, the applicant shall pay their
"fairshare" (1.42%/ $7,244) of the installation of the following traffic
improvements measures as required by the Public Works Director
and Cal -Trans:
(1) Grand Avenue and SR-57/SR-60 west bound ramp: Provide an
additional right -turn lane and an additional left -turn lane on the
off ramp resulting in two left -turn and two right -turn lanes; and
(2) Provide an additional through lane on the northbound approach of Grand Avenue
resulting in three through lanes.
(1) Prior to the issuance of any City permits, the applicant shall submit a
complete grading plan in accordance with the City's grading
requirements for the City's review and approval. The grading plan
shall:
1) Be signed/stamped by a civil engineer, geotechnical engineer and geologist as required;
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(2) Delineate the proposed and existing topography;
(3) Delineate finish surface, finish grade, flow lines, top of wall,
bottom of wall, bottom of footing and finished surface for
proposed retaining walls;
(4) Delineate proper drainage with details and sections; and
(5) Indicate quantity and earth work calculation.
(m) Plans shall delineate retaining wall sections drawn to scale with
appropriate details, type of retaining wall and structural calculations.
(n) Before the issuance of any City permits, the applicant shall submit an
erosion control plan for the City's review and approval. The erosion
control plan shall conform to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's). Additionally, the applicant shall
obtain the necessary NPDES permits.
(o) The -applicant shall - be responsible for sewer and storm drain
system/lateral installation and shall ensure connection with the Los
Angeles County Department of Public Works for storm drain and
sewer lateral if there are none currently available. Additionally, the
- - applicant shall pay the County Sanitation District for connection fees. Furthermore, the
applicant shall be responsible for all costs associated with the
improvement, review and approval for the addition of sewer or storm
(p) Prior to final inspection, the applicant shall install full sidewalk
improvements along the property frontage at Old Brea Canyon Road
to the satisfaction of the Public Works Director and with an
encroachment permit: The sidewalk width shall match and join
existing sidewalk.
(q) Applicant shall submit a soils report, for the City's review and approval,
incorporating the scope of the proposed development. The soils
report shall give appropriate recommendation for the project's
construction including the suitability of the retaining wall to withstand
pressure of the retained soil and proposed development.
(r) Driveway improvement shall be required at the appropriate width.
(s) Prior to the issuance of any City permits, the applicant shall submit a
revised site plan accurately delineating the existing storm drain
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easement dedicated to Los Angeles County Flood Control District
ilong the northerly end of Parcels 3 and 4.
(t) Applicant shall be responsible for all utility improvements. All utility
improvement shall be made prior to occupancy. If cuts within the City
right-of-way are required, the applicant shall obtain the appropriate
encroachment permits and pay the appropriate fees.
(u) Applicant shall be responsible for acquiring the appropriate industrial
waste permits with Los Angeles County. Additionally, the applicant
shall conform to all NPDES requirements.
(v) All handicap parking shall comply with current State handicap
accessible regulation. Van parking shall be provided. Site plan shall
delineate path of travel from parking lot to building. Cross slope
shall not exceed two percent. All bathroom and ramps shall be
designed in compliance with State handicap accessible regulations.
Required handicap signage shall be installed at each entrance.
(w) Plans shall conform to State and Local Building Code (i.e. 1998 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code,
and the 1998 National Electrical Code) and State Energy Code
requirements.
(x) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure.
(y) Pursuant to the Building and Safety Division requirements, the applicant
shall provide construction fencing surrounding the boundaries of the
project site.
(z) Applicant shall submit construction plans to the Los Angeles County Fire
Department for review and approval. Plans shall comply with all - applicable
fire codes.
(aa) Applicant shall obtain and record a reciprocal parking and access
agreement that includes all four parcels (Diamond Bar Honda dealership,
Burger King restaurant and car wash facility).
asoline delivery shall not occur during operational hours of the car wash.
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(cc) Adjacent to the north elevation of the six -bay auto care center and the
car wash; the applicant shall negotiate with Cal -Trans in order to
install landscaping and irrigation on Cal -Trans property. If an
agreement is obtained, maintenance of this landscape area shall be
the applicant's responsibility.
(dd) Applicant shall be responsible for maintaining a graffiti free project site
and a graffiti free area adjacent to the project site over which the
applicant has control. The applicant shall be responsible for the
graffiti removal within 48 hours of it appearance or upon notification
to the applicant of its appearance.
(ee) All under ground tanks, contaminant storage tanks and storage tanks
for oil, fluids and all other chemicals shall meet all environmental
requirements including the applicant obtaining the appropriate
permits from South Coast Air Quality Management District,
California Regional Water Quality Board and the Fire Department.
(ff) Prior to the issuance of any City permits, the applicant shall submit to a
revised site plan delineating the consolidation of the vacuum area
and fuel canopy, thereby providing four or more additional parking
spaces and reducing additional on-site activity for the City's review
and approval. As a result, a total of 28 or more on-site parking
spaces will be provided.
(gg) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
engineer.
(hh) This grant is valid for two years and shall be exercised (i.e.,
construction started) within that period or this grant shall expire. A
one-year extension of time may be approved when submitted to the
City in writing at least 60 days prior to the expiration date. The
Planning Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72 of the City
of Diamond Bar Development Code.
(ii) This grant shall not be effective for any purpose until the permittee and
owner of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval of this grant, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware of and agree to accept all
the conditions of this grant. Further, this grant shall not be effective
until the permittee pays remaining City processing fees for all
projects processed for the subject properties, school fees and fees
for the review of submitted reports.
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(jj) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling
fee in connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing fee imposed
because the project has more than a deminimis impact on fish and
wildlife, the applicant shall also pay to the Department of Fish and
Game any such fee and any fine which the Department determines
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 9TH OF APRIL 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
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 9th day
of April 2002, by the following vote:
AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka
NOES: None
ABSENT: None
ABSTAIN: None
J -v ATTEST:
James DeStefan , Secretary
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