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Home My WebLink AboutPC 2003-28PLANNING COMMISSION RESOLUTION NO. 2003-28 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW 2001-04(2) AND CATEGORICAL EXEMPTION 15301(a), A REQUEST FOR A REVISION OF OPERATING HOURS FOR A RESTAURAN IN AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS 2020 BREA CANYON ROAD, SUITE A-77 DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Nathaniel Williams, and applicant, All Ak an Application for Development Review 2001-04(2) for a prop 2020 Brea Canyon Road, Suite A-7, Diamond Bar, Los An California as described in the title of this Resolution. Her( Resolution, the subject Development Review Revision an Exemption shall be referred to as the "Revised Application." 2. On June 12, 2001, the Planning Commission of the City of conducted a duly noticed public hearing on Developr No. 2001-04, Minor Variance No. 2001-09, and Categorical E) approved such per Planning Commission Resolution No. 200 3. On July 10, 2001, the Planning Commission of the City of conducted a duly noticed public hearing on Developr No. 2001-04(1), Minor Variance No. 2001-09(1), and Categoric and approved such per Planning Commission Resolution No. r, have cat d at Co nty, r in this Bar ant Re kmption, -18. amond Bar nt Review Exemp ion, 301-24. 4. On July 8, 2003, 35 property owners within a 700 -foot radius of the pr lett site were notified by mail and three other sites were posted in the application's vicinity. On July 11, 2003, notification of the publ c hearing for this project was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers and a display board with the public hea ing notice was posted at the site. 5. On July 22, 2003, the Diamond Bar Planning Commission conducted a duly noticed public hearing on the Revised Application and continued the ite to September 9, 2003, at which time the hearing was concluded.� 7 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by t e Commission of the City of Diamond Bar as follows: 1. The 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 determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 approved project set forth in the Revised Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The revised application relates to a previously approved Development Review No. 2001-04(1). This approval was for an intensification of use for a restaurant use in a retail suite at 2020 Brea Canyon Road, Suite A-7 within an existing commercial shopping center with mixed uses of community retail and service. The project site is 4.73 acres. The previous approval per Planning Commission Resolution No. 2001-18 and Planning Commission Resolution No. 2001-24 included the hours of operation for restaurant use as 5:30 p.m. to 10:00 p.m., Monday through Friday, and 11:30 a.m. to 10:00 p.m., Saturday and Sunday. (b) The General Plan Land Use designation is Office Professional (OP). The zoning designation for the project site is Community Commercial - Planned Development— Billboard Exclusion (C -2 -PD -BE). (c) Generally the following zones surround the project site: to the north, south and east are Open Space and SR -57; to the west is open space and Commercial Plan Development (CPD) Zone. (d) The Revised Application requests a revision of operating hours from 10:00 a.m. to 10:00 p.m., daily. 2 L [l J DEVELOPMENT REVIEW (e) The design and layout of the -proposed development is onsisten with the General Plan, development standards of the app icable di trict, design guidelines, and architectural criteria for speciali ed area e.g., theme areas, specific plans, community plans, bouleva ds, or pla ned developments.) Opening the restaurant for extended hours does not change the design and layout approved with Planning Commission Resol tion Nos. 2001-18 and 2001-24 for the Development Revi 9w and Nnor Variance intensification of use. The design and layout o the app ved and revised application is consistent with the applicab a eleme is of the City's General Plan and Design Guidelines. The Development Review and Minor Variance approvals decre the number of required off-street parking spaces for the rests use in the shopping center and approved operating hours 5:30 p.m. to 10:00 p.m., Monday through Friday, and 11:30 a. 10:00 p.m., Saturday and Sunday. This approval wa based parking spaces provided on Parcel 1. Without a recorded Recip Parking and Access Agreement, only Parcel 1's parking cou considered. The Revised Application requests additional operating hours 10:00 a.m. to 10:00 p.m. daily. A Reciprocal Parking and Acs Agreement approved by the City Attorney has been r9corded. Municipal Code Section 22.30.040, a parking analysis indic, adequate parking is available on parcels land 2 which re within feet of the subject property as noted in Municipal G Section 22.30.050. This analysis indicates that parking availal complies with Municipal Code requirements without a M nor Vark approvaL Further, a 2003 Parking Supply and Demand Si indicates open parking during the requested operating hours. (f) The design and layout of the proposed development will not it with the use and enjoyment of neighboring existing or development, and will not create traffic or pedestrian hazard, As stated in 4(e), opening the restaurant for extended he change the design and layout. The design and layout of and revised application do not interfere with the use and neighboring existing or future development, and will not or pedestrian hazards. 3 to f:T Per re of (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, _orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. As stated in 4(e), opening the restaurant for extended hours does not change the design and layout. The design and layout of the approved and revised application are compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 2248, the General Plan, City Design Guidelines, or any applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As stated in 4(e), opening the restaurant for extended hours does not change the design and layout. The design and layout of the approved and revised application 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. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Opening the restaurant for extended hours does not change the design and layout approved with Planning Commission Resolution Nos. 2001-18 and 2001-24 for the Development Review and Minor Variance intensification of use. The design and layout of the approved and revised application is consistent with the applicable elements of the City's General Plan and Design Guidelines. The Development Review and Minor Variance approvals decreased the number of required off-street parking spaces for the restaurant use in the shopping center and approved operating hours from 5:30 p.m. to 10:00 p.m., Monday through Friday, and 11:30 a.m. to 10:00 p.m., Saturday and Sunday. This approval was based upon parking spaces provided on Parcel 1. Without a recorded Reciprocal Parking and Access Agreement, only Parcel 1's parking could be — considered. 4 1 1 The Revised Application requests additional operat, 10:00 a.m. to 10:00 p.m. daily. A Reciprocal Parkir Agreement approved by the -City Attorney has been Municipal Code Section 22.30.040, a parking ana adequate parking is a vailable on parcels 1 and 2 which feet of the subject property as noted in Mi Section 22.30.050. This analysis indicates that park complies with Municipal Code requirements without a a approvaL Further, a 2003 Parking Supply and C indicates open parking during the requested operatini hours from and Access corded Per are withib 300 hours. The approved application will not be detrimental to the public h alth, 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. (j) The proposed project has been reviewed in complince wit the provisions of the California Environmental Quality Act CEQA). The environmental evaluation shows that the approved project and revised application is Categorically Exempt pursuant to the guide Ines of the California Environmental Quality Act of 1970 (CE A), Section 15301(a). 5. Based upon the findings and conclusion set forth above, the Plan ing Commission hereby approves this Revised Application s bject to the following conditions: (a) Condition 5(a) of Planning Commission Resolution No. 20"01-18, approved June 12, 2001, as amended by Condition 5(a) of Planning Commission Resolution No. 2001-24, approved July 10, 200', is amended to read as follows: Restaurant hours open tot the public hall be between 10:00 a.m. and 10:00 p.m., daily. Table seice begi s at 11:30 a.m. (b) Planning Commission Resolution No. 2001-18, appro ed June12, 2001, shall remain in full force and effect except as am nded he in. (c) The owner/applicant shall install a "Parking in Rear*' sin in front of Building A. II The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 5 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Nathaniel Williams, 3029 Wilshire Blvd. #202, Santa Monica, CA 90403, and Ali Akbar, 8481 Holder Street, Buena Park, CA 90620, and Gazala Kahn, 2896 Vista Ct., Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS THE e DAY OF SEPTEMBER, 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: l Ste ye, Chai an I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 9th day of September, 2003, by the following vote: ATTEST: AYES: V/CNolan, Nelson, Tanaka, NOES: Chair Tye ABSENT: ABSTAIN: 6 PLANNING COMMISSION RESOLUTION NO. 2003-28 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW 2001-04(2) AND CATEGORICAL EXEMPTION 15301(a), A REQUEST FOR A REVISION OF OPERATING HOURS FOR A RESTAURAN IN AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS 2020 BREA CANYON ROAD, SUITE A-7, DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Nathaniel Williams, and applicant, All Ak ar, have filed an Application for Development Review 2001-04(2) for a property located at 2020 Brea Canyon Road, Suite A-7, Diamond Bar, Los Angeles Co nty, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review Revision an Categorical Exemption shall be referred to as the "Revised Application." 2. On June 12, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on Development Review No. 2001- 04, Minor Variance No. 2001-09, and Categorical Exemption, and approved such per Planning Commission Resolution No. 2001-18. 3. On July 10, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on Develop ent Re iew No. 2001- 04(1), Minor Variance No. 2001-09(1), and Categoric I Exemp ion, and approved such per Planning Commission Resolution No. 2001-24. 4. On July 8, 2003, 35 property owners within a 700 -foot radius f the pr 'ect site were notified by mail and three other sites were posted in the application's vicinity. On July 11, 2003, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers and a display board with the public hea ing notice was posted at the site. 5. On July 22, 2003, the Diamond Bar Planning Commission con ucted a my noticed public hearing on the Revised Application and continu d the ite to September 9, 2003, at which time the hearing was concluded. RESOLUTION OW, THEREFORE, it is found, determined and resolved by Commission of the City f Diamond Bar as follows: 1. The 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 determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 (a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 approved project set forth in the Revised Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753:5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The revised application relates to a previously approved Development Review No. 2001-04(1). This approval was for an intensification of use for a restaurant use in a retail suite at 2020 Brea Canyon Road, Suite A-7 within an existing commercial shopping center with mixed uses of community retail and service. The project site is 4.73 The previous approval per Planning Commission Resolution No. 2001-18 and Planning Commission Resolution No. 2001-24 included the hours of operation for restaurant use as 5:30 p.m. to 10:00 p.m., Monday through Friday, and 11:30 a.m. to 10:00 p.m., Saturday and Sunday. (b) The General Plan Land Use designation is Office Professional (OP). The zoning designation for the project site is Community CommercialPlanned Development- Billboard Exclusion (C -2 -PD -BE). (c) Generally the following zones surround the project site: to the north, south and east are Open Space and SR -57; to the west is open space and Commercial Plan Development (CPD) Zone. (d) The Revised Application requests a revision of operating hours from 10:00 a.m. to 10:00 p.m., daily. K DEVELOPMENT REVIEW (e) The design and layout of the -proposed development is onsister the General Plan, development standards of the applicable di design guidelines, and architectural criteria for specialized area theme areas, specific plans, community plans, boulevards, or plE developments.) Opening the restaurant for extended hours does n, design and layout approved with Planning Commiss Nos. 2001-18 and 2001-24 for the Development ReL Variance intensification of use. The design and layc apE and revised application is consistent with the al eleme the City's General Plan and Design Guidelines The Development Review and Minor Variance a the number of required off-street parking spaces for a rest use in the shopping center and approved o erati hour 5.30 p.m. to 10.00 p.m., Monday through Friday, ano 11:3 a. 10:00 .m., Saturday and Sunday. This approval was base parking spaces provided on Parcel 1. Without a recoro e Reci Parking and Access Agreement, only Parcel 1's par ing co considered. The Revised Application requests additional o erati g hour 10.00 a.m. to 10:00 p.m. daily. A Reciprocal Parkin andAc Agreement approved by the City A ttorney has been corde Municipal Code Section 22.30.040, a parking ana si indi adequate parking is available on parcels 1 and 2 which re withi feet of the subject property as noted in Mo ici a Section 22.30.050. This analysis indicates that parkg avail complies with Municipal Code requirements without a hor Van approval. Further, a 2003 Parking Supply and D an indicates open parking during the requested o eratin ours. f The design and layout of the proposed development wil not int with the use and enjoyment of neighboring exist i q orf development, and will not create traffic or pedestrian h zards. with the 0 to be Per As stated in 4(e), opening the restaurant for extended he change the design and layout. The design and layout of and revised application do not interfere with 0 the use and neighboring existing or future development, and will not or pedestrian hazards. K3 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious. _orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. As stated in 4(e), opening the restaurant for extended hours does not change the design and layout. The design and layout of the approved and revised application are compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As stated in 4(e), opening the restaurant for extended hours does not change the design and layout. The design and layout of the approved and revised application 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. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Opening the restaurant for extended hours does not change the design and layout approved with Planning Commission Resolution Nos. 2001-18 and 2001-24 for the Development Review and Minor Variance intensification of use. The design and layout of the approved and revised application is consistent with the applicable elements of the City's General Plan and Design Guidelines. The Development Review and Minor Variance approvals decreased the number of required off-street parking spaces for the restaurant use in the shopping center and approved operating hours from 5.30 p.m. to 10.00 p.m., Monday through Friday, and 11.30 a.m. to 10.00 p.m., Saturday and Sunday. This approval was based upon parking spaces provided on Parcel 1. Without a recorded Reciprocal Parking and Access Agreement, only Parcel 1's parking could be considered. 12 The Revised Application requests additional operating hours from 10.00 a.m. to 10.00 p.m. daily. A Reciprocal Parking and Access Agreement approved by the -City Attorney has been recorded Per Municipal Code Section 22.30.040, a parking ana sis indi ates adequate parking is available on parcels 1 and 2 which are within 300 feet of the subject property as noted in Municipal ode Section 22.30.050. This analysis indicates that park ng availability complies with Municipal Code requirements without a inor Variance approval. Further, a 2003 Parking Supply and D mand Study indicates open parking during the requested operating hours. The approved application will not be detrimental to the public h alth, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the roperti or improvements in the vicinity. Q) The proposed project has been reviewed in compliance wit the provisions of the California Environmental Quality Act CEQA). The environmental evaluation shows that the approv d project and revised application is Categorically Exempt pursuant to he guide lines of the California Environmental Quality Act of 1970 (CE A), Section 15301(a). 5. Based upon the findings and conclusion set forth above, the Plan ing Commission hereby approves this Revised Application the to -the following conditions: (a) Condition 5(a) of Planning Commission Resolution o. 2001-18, approved June 12, 2001, as amended by Condition 5() of Planing Commission Resolution No. 2001-24, approved July 10, 200":, is amended to read as follows: Restaurant hours open to the public hall be between 10:00 a.m. and 10:00 p.m., daily. Table service begins at 11:30 a.m. (b) Planning Commission Resolution No. 2001-18, approved June 12, 2001, shall remain in full force and effect except as amended herein. (c) The owner/applicant shall install a "Parking in Rear" sin in fro t of Building A. 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 Nathaniel Williams, 3029 Wilshire Blvd. #202, Santa Monica, CA 90403, and Ali Akbar, 8481 Holder Street, Buena Park, CA 90620, and Gazala Kahn, 2896 Vista Ct., Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS THE 9" DAY OF SEPTEMBER, 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: qJ Ste4etl'ye, Chai an I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 9t" day of September, 2003, by the following vote: ATTEST AYES: V/CNolan, Nelson, Tanaka, NOES: Chair Tye ABSENT: ABSTAIN: 6