HomeMy WebLinkAboutPC 2003-32PLANNING COMMISSION
RESOLUTION NO. 2003-32
A RESOLUTION OF THE PLANNING COMMISSION OF DIAMO
APPROVING DEVELOPMENT REVIEW 2003-17, MINOR VA
NO. 2003-12, AND CATEGORICAL EXEMPTION 15301(a), A RE
FOR A LAND USE INTENSIFICATION TO CONVERT A COMM
CENTER'S RETAIL SUITE TO A RESTAURANT AND TO PERl1
PERCENT DECREASE IN THE REQUIRED OFF-STREET P;
SPACES. THE PROJECT SITE IS 508 N. DIAMOND BAR BOUL
DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, Robert C. Williams, and applicant, Su
have filed an application for Development Review 2003 -
Variance No. 2003-12 for a property located at 508 N.
Boulevard, Diamond Bar, Los Angeles County, California, as d
title of this Resolution. Hereinafter in this Resolution
Development Review, Minor Variance and Categorical Exen
referred to as the "Application."
2. On October 15, 2003, 68 property owners within a 500 -foo -
project site were notified by mail, On October 13, 2003, a
notice on a display board was posted at the site and thre
places were posted within the application's vicinity. On Octc
this project's public hearing notification was provided in the
Valley Tribune and Inland Valley Daily ulletin newspapers.
3. On October 28, 2003, the Diamond Bar Planning Comm
and concluded a duly noticed public hearing on the Applic
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all
forth in the Recitals, Part A, of this Resolution are true and
2. The Planning Commission hereby determines that the pr(
above in this Resolution is categorically exempt from the requ
California Environmental Quality Act of 1970 (CEQA) a
' promulgated thereunder. This is pursuant to Section 15301(
of Chapter 3, Title 14 of the California Code of Regulations.
D BAR
LANCE
)VEST.
A 20
KING
ARD,
17 and inor
Diamonc Bar
ascribed n the
the subject
lotion shall be
radius
ublic h
other
Ser 14,
the
lic
the fact set
'rect.
.ct ideni fied
3ments o the
1 guidel nes
of Article 19
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 fife 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 project relates to a retail suite at 508 N. Diamond Bar Boulevard
within an existing mixed use retail and service commercial shopping
center. The project site is 1.17 gross acres (50,957 SF).
(b) The General Plan Land. Use designation is Commercial Office (CO).
Commercial Manufacturing (CM) is the zoning designation which
equates to the CO building standards.
(c) The following zones surround the project site: Multiple Residence -
Minimum Lot Size 8,000 Square Feet -25 Units per Acre (R -3-8,000-
25U) zone is to the east; C -M zone is to the north and south; and the
Pomona (SR -60) Freeway is to the west.
(d) The Application is a request for a land use intensification to convert a
commercial center's retail suite to a restaurant and to permit a 20
percent decrease in the required off-street parking spaces.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments).
The project site was established before the adoption of the City's
General Plan. However, the proposed project complies with the
elements of the adopted General Plan of July 25, 1995, which has a
land use designation of Commercial Office. Pursuant to the General
Plan, this land use designation provides for diverse mixed uses of
commercial retail, office, and service properties. The proposed
FA
n
1
Project is service commercial use and consistentwih the
Plan.
As there is no change to the site's exterior configuratr on, the ci irreni
site's architectural, style, construction materials a d color are
consistent and compatible with the surrounding cot Imercial sites.
Therefore, the design and layout of the proposed prof ct is con 'stent
with the applicable elements of the City's General Plan and Design
Guidelines.
(f) The design and layout of the proposed development ill not it
with the use and enjoyment of neighboring exis ing or
development, and will not create traffic or pedestrian azard,,
The existing site of the proposed project is within the Commercial
Manufacturing (CM) which equates to the CO Standards. The CO
standards permit a restaurant service. There is no change to thesite's
exterior configuration, and the current site is adequate in size and
shape to accommodate the yards, walls, fences, parking and Idi ding
facilities, landscaping and other development features prescri6 d in
the Code, or as required in order to integrate said use witt the
surrounding area's uses. The site's existing architecture, constr -tion
materials, and colors are consistent and compa ble wit the
surrounding commercial sites.
The project site is adequately served by arterial roads, Diamonc f Bar
Boulevard and Sunset Crossing Road. Both are designed to provide
an ingress/egress to the project site and to handle traffic creat d by
this type of development. Therefore, the design and layout o the
proposed development will not interfere with the use and enjoyme nt of
neighboring existing or future development, and will not create t affic-
or pedestrian hazards.
(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.
There are no changes proposed in the architectural design o;
existing retail shopping center at the project site. The site's cw
architectural exterior design is consistent with the City's Developr
Review standards and City Design Guidelines with the orderly
harmonious appearance of the existing structures, par ing area
landscaping, and has an existing architectural design tha
3
the
is
compatible with the surrounding commercial uses. As stated in
Item (e) the proposed project is consistent with the City's General
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 referenced in the above findings, the project site's current exterior
design is consistent with the applicable elements of the General Plan
and development standards of the zone through its design, use of
materials, colors and landscaping. The stucco is low maintenance and
long lasting. The variety of texture and color add to the design's good
aesthetics. Therefore, the existing design of the proposed project
continues to 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.
(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.
Health Department, Fire Department, City permits, and inspections
are required for construction. These will ensure that the finished
project will not be detrimental to the public health, safety, or welfare,
or materially injurious to the properties or improvements in the vicinity.
Pursuant to the Development Code a Shared Parking Analysis was
completed for the subject site and approved by the City's Traffic
Engineer substantiating adequate parking spaces on-site for the
current business uses and the proposed restaurant.
(j} The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301(a).
MINOR VARIANCE
(k) There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other
4
D
1
conditions), so that the strict application of this Development ode
p p
denies the property owner privileges enjoyed by other pr perty
owners in the vicinity and under identical zoning districts or creat as an
unnecessary and non -self created, hardship or unreasonable
regulation which make it obviously impractical to require comp) ante
with the development standards.
This center was originally constructed under the Los A�geles County
Code. Today's Development Code adopted in 1998 r quires s icter
parking requirements. New allowed uses with parking soace
deficiencies may be permitted provided that the new se can rove
that adequate parking is available on site. A Minor Variance ap oval
for a reduction of not more than 20 percent of the off-street pa king
spaces may be granted .provided that a Shared Parking An lysis
shows adequate parking for all uses based on the businesses'
staggered hours of operation.
In this case a Shared Parking Analysis for the su ject site was
prepared by Lin Consulting, Inc., Traffic, Civil, and Elec Ifical
Consulting Engineers, based on site observations on a tyoidal
Saturday, Monday and Thursday, with current Development Code
parking standards and uses. The Development Cod require 65
spaces and 52 are on-site. I r
The City's Traffic Engineer supports the study's methodology,
indicates that the study provides sufficient technical h7fonnation for
evaluation; that the majority of available spaces are in close proximity
to the proposed project; and that the peak parking demand at finch
and dinner shows excess parking spaces for the use. Based of, the
study the peak parking demand is for 41 vehicles (the highest nur lber
of vehicles parked on site, 25, plus 2 spaces for the office use an 114
spaces for the Subway use). With all the uses calculated there ar R 11
excess parking spaces.
Therefore, strict adherence to the regulation creates an unnec
and non -self-created, hardship or unreasonable regulation that
it obviously impractical to require compliance with the devek
standards.
(I) Granting the Minor 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 Minor Variance is sought.
This center was originally constructed under the Los Ar
Code. Diamond Bar's Development Code has stricter
5
yet allows for the process of a Minor Variance for a reduction of not
more than 20 percent of the required off-street parking spaces. Based
on the analysis, the peak parking demand is 41 spaces for the uses
on site. There are 52 spaces on-site, which indicates 11 parking
spaces available. The Minor Variance approval will not hinder the
businesses in the shopping center because of varying uses and
operation hours. Therefore, without a Minor Variance approval, the
applicant is denied the same enjoyment and privileges, which other
neighboring shopping centers in the same zoning district possess.
(m) Granting the Minor Variance is consistent with the General Plan and
any applicable specific plan.
Granting the Minor Variance is consistent with the Development Code
standards. As stated in Item (e), the proposed project is consistent
with the General Plan. Therefore, granting the Minor Variance is
consistent with the General Plan and any applicable specific plan.
(n) The proposed entitlement would not be detrimental to. the public
interest, health, safety, convenience, or welfare of the City.
Health Department, Fire Department, City permits, and inspections
are required for construction. These will ensure that the finished
project will not be detrimental to the public health, safety, or welfare,
or materially injurious to the properties or improvements in the vicinity.
Pursuant to the Development Code a Shared Parking Analysis was
completed for the subject site and approved by the City's Traffic
Engineer substantiating adequate parking spaces on-site for the
current business uses and the proposed restaurant,
(o) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301(a).
(p) The intent of the parking regulations, which is to ensure that sufficient
parking will be provided to serve the use intended and potential future
uses of the subject site, is preserved.
In this case a Shared Parking Analysis for the subject site was
prepared by Lin Consulting, inc., Traffic, Civil, and Electrical
Consulting Engineers, based on site observations on a typical
Saturday, Monday and Thursday, with current Development Code
A
parking standards and uses. The City's Traffic Engineer approve of this
analysis. The analysis confirms that adequate parking spaces are
provided on site for the current business uses and the proposed
restaurant. Therefore, the intent of the parking regulatiOM is
preserved.
(q) A parking permit is approved in compliance with section 22.3(
(Reduction of off-street parking requirements for shard uses).
In this case a Shared Parking Analysis for the subject site was
prepared by Lin Consulting, Inc., Traffic, Civil, and Electrical
Consulting Engineers, based on site observations on a typical
Saturday, Monday and Thursday, with current Development Code
parking standards and uses. The City's Traffic Engineer approve this
analysis. The analysis confirms that adequate parking space are
provided on site for the current business uses and the proposed
restaurant.
In addition to the Minor Variance for parking, Diamond Bar Munr ipal
Code Section 22.30.050 requires that a reduction of off street pa ing
requirements and parking permit may be granted if th most rel note
space is located within 300 feet of the use it is intended to serve. 1n
this case the most remote space is approximately 2 0 feet away.
There are 52 parking spaces for the shopping center's hree parcels.
Fast food restaurants require one parking space fore each 100 gross
square feet. The proposed fast food restaurant requires 14 pa king
spaces. Per the Municipal Code, 65 spaces are requireef to support
the mix of uses, not the 66 mentioned in the stu . The Minor
Variance requests a 20 percent reduction.
Therefore, the approval of the requested Development Review
No. 2003-17and Minor Variance No. 2003-12 permits the reduction of
off-street parking requirements.
5. Based upon the findings and conclusion set forth above, he Plan ing
Commission hereby approves this Application subject to he folioing
conditions:
(a) The project shall substantially conform to site plan, and floor plans
collectively labeled as Exhibit "A" dated October 28, 2003, as
submitted and as amended herein.
(b) The shopping center site shall be maintained in a condition that isfree
of debris both during and after the implementation of the entitlerr ent
granted herein. The removal of all trash, debris, and refuse, shal be
done only by the property owner, applicant or by duly pe mitted w,,, Lste
7
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.
PUBLIC WORKS
(c) The Owner/Applicant shall submit a plan for city review and approval
for the parcels` parking lot and adjacent alley. These shall be
repaired, resurfaced, and re -stripped priorto issuance of certificate of
occupancy.
BUILDING AND SAFETY
(d) The parking lot shall have handicapped signage at each entry, and
provide handicapped setting for all areas subject to Diamond Bar
Municipal Code standards.
(e) Plan shall show path of travel from parking lot to buildings. The path
of travel from the handicap parking to the building may not exceed
cross slope of 2 percent. Path of travel from the curb to the building
shall not exceed cross slope of 2 percent.
(f) Plans shall conform to State and Local Building Codes (i.e., 2001
editions of the California Building Code, California Plumbing Code,
California Mechanical Code, National Electrical Code and California
Energy Code requirements.
(g) Plans shall meet all B occupancy requirements.
(h) Men's and Women's restrooms shall be provided if the restaurant
establishment employs four or more employees at any given time.
(i) The existing restroom shall meet current handicap accessibility
requirements.
(j) The restroom access doors shall be clearly marked with symbols.
(k) One seating space in the restaurant patron area shall be provided for
handicap use.
(1) The path of travel for handicapped employees shall be designed to
access the entire restaurant.
8
PLANNING
F
L.I
(m) Applicant shall submit plans and obtain approvals from th Los
Angeles County Health Department and waste management.
(n) Future tenant of Suite 5061/2 shall be office use, not retail.
(o) The Applicant shall obtain approvals and comply with the
requirements of the Fire Department, Los Angeles Co my Busi ess
License Department, Los Angeles County Health De artment, and
City Planning, Building and Safety, and Public Works )ivisions. The
Applicant shall be in compliance with all requirements of said
agencies at all times and receive all licenses, permits/i spection and
approvals prior to opening the restaurant.
(p) Prior to any City permit issuance, the owner shall submit a letter t the
City agreeing to record a Shared Parking and Access Agrpernerit for
all three parcels of Parcel Map 4356. The Shared Parking and Ac ess
Agreement running with the land, approved by the city, sha 1 be
recorded by the owner, guaranteeing the continued availabili y of
shared parking prior to Certificate of Occupancy.
(q) Applicant shall have seating for no more than 30 patrons.
(r) Regular hours of operation shall be between 9:00 a.m. and
10:00 p.m. daily. Special event operating hours shall be reviewe and
permitted by the Planning Division.
(s) Applicant shall obtain City approvals and permits for
(t) Applicant shall obtain building permits for i
improvements.
(u) Applicant shall obtain a Los Angeles County Business (license.
(v) This grant is valid for two (2) years and shall te exert sed
(i.e., construction) within that period or this grant shall expire. Aone-
(1) year extension may be approved when submitted to the Ci in
writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly not ced
public hearing in accordance with Chapter 22.72 o the Ci of
Diamond Bar Development Code.
(w) This grant shall not be effective for any purpose until i he permi ee
and owner of the property involved (if other than the pe mittee) ve
filed, within fifteen (15) days of approval of this grant, at the Ci of
N
Diamond Bar Community and Development Services Department, _
their affidavit stating that they are aware 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.
(x) 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 Robert C. Williams, P. O. Box 213, Santa Rosa, CA 95402, and
Suryakant Patel, 3444 Marble Ridge Drive, Chino Hills, CA 91709.
APPROVED AND ADOPTED THIS THE 28th DAY OF OCTOBER 2003, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: r
SteveTye, Chair m
1, 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 28th day of October, 2003, by the following vote:
AYES: Commissioners`. Tanaka, Wei, V/C Nolan, Chair Tye
NOES:
ABSENT: Commissioner Nelson
ABSTAIN:
ATTEST: t
James DeStef no, Secretary
10
PLANNING COMMISSION
RESOLUTION NO. 2003-32
A RESOLUTION OF THE PLANNING COMMISSION OF DIAMOND BAR
APPROVING DEVELOPMENT REVIEW 2003-17, MINOR V
NO. 2003-12, AND CATEGORICAL EXEMPTION 15301(a), A F
FOR A LAND USE INTENSIFICATION TO CONVERT A COM
CENTER'S RETAIL SUITE TO A RESTAURANT AND TO PEF A 20
PERCENT DECREASE IN THE REQUIRED OFF-STREET I
SPACES. THE PROJECT SITE IS 508 N. DIAMOND BAR BOU ARD,
DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Robert C. Williams, and applicant, Su
have filed an application for Development Review 7 and Minor
2003Variance No. 2003-12 for a property located at 508 N. Diamon Bar
Boulevard, Diamond Bar, Los Angeles County, California, as scribed n
d title of this Resolution. Hereinafter in this Resolution the the
Development Review, Minor Variance and Categorical Exen
referred to as the "Application." subject ption
sh ill be
On October 15, 2003, 68 property owners within a 500 -fog radius f the
project site were notified by mail. On October 13, 2003, a ublic he ring
notice on a display board was posted at the site and thn other ublic
places were posted within the application's vicinity. On Ocl ber 14, 003,
this project's public hearing notification was provided in tt
Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On October 28, 2003, the Diamond Bar Planning Comm and
concluded a duly noticed public hearing on the Applic
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by in
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all o- the se
forth in the Recitals, Part A, of this Resolution are true and c rrec
2. The Planning Commission hereby determines that the project is above in
this Resolution is categorically exempt from the requi men California the
Environmental Quality Act of 1970 (CEQA) and gu promulgated
thereunder. This is pursuant to Section 15301 (a of A of Chapter 3, 1
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 proposed project set forth in the application,
there is no evidence before this Planning Commission that the project
proposed herein will have the potential of an adverse effect on wild life
resources or the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 of
the California Code of Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning Commission,
hereby finds as follows:
(a) The project relates to a retail suite at 508 N. Diamond Bar Boulevard
within an existing mixed use retail and service commercial shopping
center. The project site is 1.17 gross acres (50,957 SF).
(b) The General Plan Land Use designation is Commercial Office (CO).
Commercial Manufacturing (CM) is the zoning designation which
equates to the CO building standards.
(c) The following zones surround the project site: Multiple
ResidenceMinimum Lot Size 8,000 Square Feet -25 Units per Acre
(R -3-8,00025U) zone is to the east; C -M zone is to the north and
south; and the Pomona (SR -60) Freeway is to the west.
(d) The Application is a request for a land use intensification to convert a
commercial center's retail suite to a restaurant and to permit a 20
percent decrease in the required off-street parking spaces.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments).
The project site was established before the adoption of the Ciiy's
General Plan. However, the proposed project complies with the
elements of the adopted General Plan of July 25, 1995, which has a
land use designation of Commercial Office. Pursuant to the General
Plan, this land use designation provides for diverse mixed uses of
commercial retail, office, and service properties. The proposed
K
project is service. commercial use and consistent wih the Genera) Plan.
As there is no change to the site's exterior configurati n, the c rrent
site's architectural, style, construction materials and color are
consistent and compatible with the surrounding commercial sites.
Therefore, the design and layout of the proposed projct is con s tent
with the applicable elements of the City's General PI n and D sign
Guidelines.
(f) The design and layout of the proposed development vulill not it with
the use and enjoyment of neighboring existing or development,
and will not create traffic or pedestrian azard;
The existing site of the proposed project is within the Commercial
Manufacturing (CM) which equates to the CO Standards. The CO
standards permit a restaurant service. There is no charge to the _
site's exterior configuration, and the current site is adequate in size
and shape to accommodate the yards, walls, fences, parki g and to
ding facilities, landscaping and other development feature prescrib d
in the Code, or as required in order to integrate said use wit the
surrounding area's uses. The site's existing architectur, , constr ction
materials, and colors are consistent and compatible with the
surrounding commercial sites.
The project site is adequately served by arterial roads, Diamond Bar
Boulevard and Sunset Crossing Road. Both are designed to provide
an ingress/egress to the project site and to handle traffic create d by
this type of development. Therefore, the design and layout o the
proposed development will not interfere with the use an enjoym nt of
neighboring existing or future development, and will no create t
afficor pedestrian hazards.
(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood an will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
There are no changes proposed in the architectural design o the
existing retail shopping center at the project site. The site's cu rent
architectural exteriordesign is consistent with the City's
Development Review standards and City Design Guidelines with
the orderly and harmonious appearance of the existing structures,
paring area and landscaping, and has an existing architectural
3
compatible with the surrounding commercial uses. As stated in Item (e)
the proposed project is consistent with the City's General 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 referenced in the above findings, the project site's current
exterior design is consistent with the applicable elements of the
General Plan and development standards of the zone through its
design, use of materials, colors and landscaping. The stucco is low
maintenance and long lasting. The variety of texture and color add
to the design's good aesthetics. Therefore, the existing design of
the proposed project continues to 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.
(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.
Health Department, Fire Department, City permits, and inspections are
required for construction. These will ensure that the finished project
will not be detrimental to the public health, safety, or welfare, or
materially injurious to the properties or improvements in the vicinity.-
Pursuant
icinity.
Pursuant to the Development Code a Shared Parking Analysis was
completed for the subject site and approved by the City's Traffic
Engineer substantiating adequate parking spaces on-site for the
current business uses and the proposed restaurant.
(j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301(a).
MINOR VARIANCE
(k) There are special circumstances applicable to the property (e.g., location,
shape, size, surroundings, topography, or other
C!
ii
conditions), so that the strict application of this Development
denies
the property owner privileges enjoyed by other pr owners in
the vicinity and under identical zoning districts or crea
unnecessary and non -self created, hardship or unreasc
regulation which make it obviously impractical to require an
comp with the development standards.
This center was originally cons
ructed under
Code. Today's Development Code
adop
ed
parking requirements. New
allowed
u
deficiencies may be permitted
providec
the
that adequate parking is avail
ble on
ite.
ap, for a reduction of not m
re than
0
street p spaces may be gra
ted provide
Parking Ar shows adequate p
rking for
all
In this case a Shared Parking
Analys
s f
prepared by Lin Consulting,
Inc., Traffic
Consulting Engineers, based
on site
ob
Saturday, Monday and Thurs
ay, with
cur
parking standards and uses.
The De
to
spaces and 52 are on-site.
The City's Traffic Engineer
upports
the
indicates that the study prow.oes
suffic
ent
evaluation, that the majority of
available
sp
to the proposed project; and that
the peak
and dinner shows excess par
ing spaces
study the peak parking demand
is for41
ve
of vehicles parked on site, 25 glus
2 sp
ce
spaces for the Subway use). With
all th
u
excess parking spaces.
Therefore, strict adherence to
the re
ula
unnec and non -self-created,
hardship
regulation that it obviously imp
tactical to
re
with the develc standards.
(1) Granting the Minor Variance is necessary
I
for
the
enjoyment of substantial property rights possessed by o
her
Brty
Drop
owners in the same vicinity and zoning district and
Bnied to
he
the Los Angeles
1998 requires
?s with parking
` the new se can
4 Minor Vari nce
ercent of the off
I that a Shared
ries based on th
r the su ject site was
Civil, and Elec rical
ervations on a t ical
=nt Devel pment Code
ment Cod requires 65
study's ethodo ogy„
technical t fonnatio for
-es are in ose pro mity
narking de and at Inch
)r the use. ased o the
cles (the hi hest nu ber
for the office use an 14
as calculate there a 11
ion creates an
unreasonable
uire compliance
)res
This center was originally constructed under the Los An le/es Co Inty I
Code. Diamond Bar's Development Code has stricter lequirem Ints
yet allows for the process of a Minor Variance for a reduction of not
more than 20 percent of the required off-street parking spaces.
Based on the analysis, the peak parking demand is 41 spaces for
the uses on site. There are 52 spaces on-site, which indicates 11
parking spaces available. The Minor Variance approval will not
hinder the businesses in the shopping center because of varying
uses and operation hours. Therefore, without a Minor Variance
approval, the applicant is denied the same enjoyment and
privileges, which other neighboring shopping centers in the same
(m) Granting the Minor Variance is consistent with the General Plan and any
applicable specific plan.
Granting the Minor Variance is consistent with the Development
Code standards. As stated in Item (e), the proposed project is
consistent with the General Plan. Therefore, granting the Minor
Variance is consistent with the General Plan and any applicable
(n) The proposed entitlement would not be detrimental to. the public interest,
health, safety; convenience, or welfare of the City.
Health Department, Fire Department, City permits, and inspections
are required for construction. These will ensure that the finished
project will not be detrimental to the public health, safety, or welfare,
ormateriallyinjurious to the properties orimprovements in the vicinity.
Pursuant to the Development Code a Shared Parking Analysis was
completed for the subject site and approved by the City's Traffic
Engineer substantiating adequate parking spaces on-site for the
current business uses and the proposed restaurant.
(o) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301(a).
(p) The intent of the parking regulations, which is to ensure that sufficient
parking will be provided to serve the use intended and potential future
uses of the subject site, is preserved.
In this case a Shared Parking Analysis for the subject site was
prepared by Lin Consulting, Inc., Traffic, Civil, and Electrical
Consulting Engineers, based on site observations on a typical
Saturday, Monday and Thursday, with current Development Code
C
parking standards and uses. The City's Traffic Enginee approve this
analysis. The analysis confirms that adequate parking space are
provided on site for the current business uses and the proposed
restaurant. Therefore, the intent of the parking regulations is
preserved.
(q) A parking permit is approved in compliance with section 22.3q.050 (Reduction of off-street
parking requirements for shard uses).
In this case a Shared Parking Analysis for the s
i ject si
e w
prepared by Lin Consulting, Inc., Traffic, Civil,
and El
ctrl
Consulting Engineers, based on site observation
on a
typi
Saturday, Monday and Thursday, with current D
ve pme
t o
parking standards and uses. The City's Traffic Engin
e apprc
ve t
analysis. The analysis confirms that adequate parki
g spa
. -e
provided on site for the current business uses and
the p
p r
restaurant.
In addition to the Minor Variance for parking, Diamond
this case the most remote space is approximately
2 0 feel
a
There are 52 parking spaces for the shopping cente
's hree
ar e
Fast food restaurants require one parking space for
ach 100
gro
square feet. The proposed fast food restaurant reqt,
ires 14
a ki
spaces. Per the Municipal Code, 65 spaces are requi
d to
u p
the mix of uses, not the 66 mentioned in the st
ay. The
Min
Variance requests a 20 percent reduction.
Therefore, the approval of the requested Developrr
ent Re
ew
2003-17and Minor Variance No. 2003-12 permits lfle
redu
ti o
street parking requirements.
5. Based upon the findings and conclusion set forth above,
Commission hereby approves this Application subject
to
conditions:
(a) The project shall substantially conform to site plan,
arid floor
p
collectively labeled as Exhibit "A" dated October 8, 2003,
as su
mitt
and as amended herein.
(b) The shopping center site shall be maintained in a conditi
n that i
ree
debris both during and after the implementation of
the ent
tle
granted herein. The removal of all trash, debris, and
reuse, shal
done only by the property owner, applicant or by duly permitted
VV st
ni
ode Section 22.30.050 requires that a reduction of off
street an
uirements and parkingpermit may be ranted if the
most re
ote
Is
a/
a/
le
is
e
?d
�s
g
rt
)r
Jo.
off -
is
�,d
of
nt
>e
Dace is located within 300 feet of the use it is intende Id to se In
this case the most remote space is approximately 2 0 feet a ay.
There are 52 parking spaces for the shopping center's hree par els.
Fast food restaurants require one parking space for each 100 gross
square feet. The proposed fast food restaurant requires 14 pa king
spaces. Per the Municipal Code, 65 spaces are requi d to su port
the mix of uses, not the 66 mentioned in the stuay. The Minor
Variance requests a 20 percent reduction.
Therefore, the approval of the requested Development Re iew No.
2003-17and Minor Variance No. 2003-12 permits tile reducti of off-
street parking requirements.
5. Based upon the findings and conclusion set forth above,
Commission hereby approves this Application subject to
conditions:
(a) The project shall substantially conform to site plan, arid floor pans
collectively labeled as Exhibit "A" dated October 8, 2003, as submitted
and as amended herein.
(b) The shopping center site shall be maintained in a condition that is ree of
debris both during and after the implementation of the entitle ent
granted herein. The removal of all trash, debris, and reuse, shal be
done only by the property owner, applicant or by duly permitted w ste
7
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.
PUBLIC WORKS
(c) The Owner/Applicant shall submit a plan for city review and approval for
the parcels' parking lot and adjacent alley. These shall be repaired,
resurfaced, and re -stripped priorto issuance of certificate of
occupancy.
BUILDING AND SAFETY
(d) The parking lot shall have handicapped signage at each entry, and
provide handicapped setting for all areas subject to Diamond Bar
Municipal Code standards.
(e) Plan shall show path of travel from parking lotto buildings. The path of
travel from the handicap parking to the building may not exceed cross
slope of 2 percent. Path of travel from the curb to the building shall not
exceed cross slope of 2 percent.
(f) Plans shall conform to State and Local Building Codes (i.e., 2001 editions
of the California Building Code, California Plumbing Code, California
Mechanical Code; National Electrical Code and California Energy
Code requirements.
(g) Plans shall meet all B occupancy requirements.
(h) Men's and Women's restrooms shall be provided if the restaurant
establishment employs four or more employees at any given time. (i) The
existing restroom shall meet current handicap accessibility requirements.
(j) The restroom access doors shall be clearly marked with symbols. (k)
One seating space in the restaurant patron area shall be provided for
handicap use.
(1) The path of travel for handicapped employees shall be designed to
access the entire restaurant.
IQ
(m) Applicant shall submit plans and obtain approvals from th Los Angeles
County Health Department and waste management. PLANNING
The Applicant shall obtain approvals and com
1 with
th
(n)
uture tenant of Suite 5061/2 shall be office use, not
requirements of the Fire Department, Los Angeles Cc
nty Busi
es
License Department, Los Angeles County Health Department
and
City Planning, Building and Safety, and Public Works
Divisions
Th
Applicant shall be in compliance with all re uirem
ents of
said
agencies at all times and receive all licenses, permits/in
spection
and
approvals prior to opening the restaurant.
(p
Prior to any City permit issuance, the owner shall submi
t a letter
th
City agreeing to record a Shared Parking and Access
reem
t for
all three parcels of Parcel Map 4356. The Shared Parking
and A
es
Agreement running with the land, approved by th
city, sh
I b
recorded by the owner, guaranteeing the continued
availabili
y o
shared parking prior to Certificate of Occupancy.
A plicant shall have seating for no more than 30 patro
ns.
(r)
Regular hours of operation shall be between 9:0
0 a.m.
and
10:00 p.m. daily. Special event operating hours shall b
review
and
permitted by the Planning Division.
3) kpplicant shall obtain City approvals and permits for si Ins.
(t) Applicant shall obtain building permits for in
improvements.
(u) Applicant shall obtain a Los Angeles County Business
(v) This grant is valid for two (2) years and shall a exerc sed (i.e.,
construction) within that period or this grant shall xpire. A one(1)
year extension may be approved when submitted o the Ci in writing
at least 60 days prior to the expiration date. he Planing Commission
will consider the extension request at a duly not ced public hearing
in accordance with Chapter 22.72 o the Ci of Diamond Bar
Development Code.
(w) This grant shall not be effective for any purpose until tlhe permi-tee and
owner of the property involved (if other than the pe mittee) ve filed,
within fifteen (15) days of approval of this grant, t the Ci of
9
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware 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.
(x) 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
Robert C. Williams, P. O. Box 213, Santa Rosa; CA 95402, and
Suryakant Patel, 3444 Marble Ridge Drive, Chino Hills, CA 91709.
APPROVED AND ADOPTED THIS THE 28th DAY OF OCTOBER 2003, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By. Steve Tye, Chairm
1, 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 28th day of October, 2003, by the following vote:
AYES: Commissioners: Tanaka, Wei, V/C Nolan, Chair Tye
NOES:
ABSENT: Commissioner Nelson ABSTAIN:
y. ATTEST: 6
James DeStef no, Secretary
1
