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HomeMy WebLinkAboutPC 2004-11PLANNING COMMISSION RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE-YEAR EXTENSION OF TIME OF THE APRIL 9, 2002, PLANNING COMMISSION GRANT APPROVING CONDITIONAL USE PERMIT NO. 2002-02(1), DEVELOPMENT REVIEW NO. 2002-06(1), AND VARIANCE NO. 2002-01(1) 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 EXPOSED HEIGHT RETAINING WALL. THE PROJECT SITE IS LOCATED AT 515-525 SOUTH GRAND AVENUE (PARCELS 3 AND 4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA. A. RECITALS. The Property Owner/Applicant, Mathew Tachdjian, Col -Am Properties, LLC, has filed an extension of time application ON January 28, 2004 for Conditional Use Permit No. 2002-02(1)/Development Review No. 2002-06(1)Nariance No. 2002-01(1)for property located at 515 - 525 South Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject time extension for the Conditional Use Permit, Development Review, and Variance shall be referred to as the "Application." 2. On February 25, 2004, public hearing notices were mailed to four property owners of record within a 500 -foot radius of the project. On February 26, 2004, the project site was posted with the required display board and the _ public notice was posted in three public places. On February 27, 2004, the project's public hearing notification was provided in the San Gabriel Valle Tribune and Inland Valley Daily Bulletin newspapers. 3. On April 9, 2002, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing and approved a subsequent Application that reflected the project approved by the Planning Commission on June 22, 1999, with a minor modification. 4. On March 9, 2004, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the extension of time Application. 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. Per 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a time extension of the April 9, 2002, Planning Commission approval by Resolution No. 2002-08. The Planning Commission approval allows the construction of 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 wail with a maximum exposed height of 18 feet. Additionally, the display platform and six -bay auto service center will be an expansion of the Honda dealership. 2 (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of freeway -oriented, and/or 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. Extension of Time Findings (e) The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended; The Applicant submitted a request in writing for a one-year extension of time. The time extension is needed to finalize the bidding process and contract negations. The time extension request does not modify the project's original approval in any way. (f) The proposed project has been reviewed in complicInce with the provisions of the California Environmental Quality Act (CEQA). 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. Per CE0A 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 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 the site plan, floor plans, elevations, grading plan, landscape plan, and lighting plan collectively labeled as Exhibit "A" dated March 9, 2004 as submitted and as approved by the Planning Commission on April 9, 2002. (b) Planning Commission Resolution No. 2002-08 approved on April 9, 2002, shall remain in full force and effect except as amended herein. (c) This grant for an extension of time is valid for one year from the original two years approved by the Planning Commission on April 9, 2002. Therefore, this grant is valid until April 9, 2005. (d) 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, school fees and fees for the review of submitted reports. (e) 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: Matthew S. Tachdjian, Col -am Properties LLC, P.O. Box 4655, Diamond Bar, CA 91765. 4 APPROVED AND ADOPTED THIS 9th DAY OF MARCH 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. n j'i � BY: )aav Chairman Dan Nolan 1, 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 March 2004, by the following vote: AYES: Commissioners: McManus, Tye, Low, V/C Tanaka, C/Nolan NOES: ABSENT: A STAIN: ATTEST: opql-e-e James DeStefai V Secretary W PLANNING COMMISSION A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE-YEAR EXTENSION OF TIME OF THE APRIL 9, 2002, PLANNING COMMISSION GRANT APPROVING CONDITIONAL USE PERMIT NO. 2002-02(1), DEVELOPMENT REVIEW NO. 2002-06(1), AND VARIANCE NO. 2002-01(1) 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 EXPOSED HEIGHT RETAINING WALL. THE PROJECT SITE IS LOCATED AT 515-525 SOUTH GRAND AVENUE (PARCELS 3 AND 4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA. A. RECITALS. The Property Owner/Applicant, Mathew Tachdjian, Col -Am Properties, LLC, has filed an extension of time application ON January 28, 2004 for Conditional Use Permit No. 2002-02(1)/Development Review No. 2002-06(1)Nariance No. 2002- 01(1)for property located at 515 525 South Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject time extension for the Conditional Use Permit, Development Review, and Variance shall be referred to as the "Application." 2. On February 25, 2004, public hearing notices were mailed to four property owners of record within a 500 -foot radius of the project. On February 26, 2004, the project site was posted with the required display board and the public notice was posted in three public places. On February 27, 2004, the project's public hearing notification was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On April 9, 2002, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing and approved a subsequent Application that reflected the project approved by the Planning Commission on June 22, 1999, with a minor modification. 4. On March 9, 2004, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the extension of time Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously prepared Negative Declaration No. 99-03 adopted on June 22, 1999. Per 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a time extension of the April 9, 2002, Planning Commission approval by Resolution No. 2002-08. The Planning Commission approval allows the constriction of 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 tube 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 exposed height of 18 feet. Additionally, the display platform and six -bay auto service center will be an expansion of the Honda dealership. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of freeway -oriented, and/or 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. Extension of Time Findings (e) The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete constriction activities, etc.), why the permit should be extended; The Applicant submitted a request in writing for a one-year extension of time. The time extension is needed to finalize the bidding process and contract negations. The time extension request does not modify the project's original approval in any way. (f The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 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. Per CEQA Section 15162(x), 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. 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 the site plan, floor plans, elevations, grading plan, landscape plan, and lighting plan collectively labeled as Exhibit "A" dated March 9, 2004 as submitted and as approved by the Planning Commission on April 9, 2002. (b) Planning Commission Resolution No. 2002-08 approved on April 9, 2002, shall remain in full force and effect except as amended herein. (c) This grant for an extension of time is valid for one year from the original two years approved by the Planning Commission on April 9, 2002. Therefore, this grant is valid until April 9, 2005. (d) 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, school fees and fees for the review of submitted reports. (e) 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: Matthew S. Tachdjian, Col -am Properties LLC, P.O. Box 4655, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 9th DAY OF MARCH 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 44 Chairman Dan Nolan 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 March 2004, by the following vote: AYES: Commissioners: McManus, Tye, Low, V/C Tanaka, C/Nolan NOES: ABSENT: ATTEST James DeStefa—o, Secretary