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HomeMy WebLinkAboutPC 2007-05PLANNING COMMISSION RESOLUTION NO. 2007-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-18, DEVELOPMENT REVIEW NO. 2006-44, AND VARIANCE NO. 2006-06 TO CONSTRUCT AN APPROXIMATELY 6,000 -SQUARE -FOOT RESTAURANT WITH ON -SALE ALCOHOL ON A PROPERTY LOCATED AT 707 GRAND AVENUE (APNS: 8293-045-007 & 8293-045-008) A. RECITALS The applicant, RHL Design, has filed an application for Conditional Use Permit No. 2006-18, Development Review No. 2006-44, Variance No. 2006 06 for construction of an approximately 6,000 -square -foot restaurant with on -sale alcohol on property located at 707 Grand Avenue, Diamond Bar, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Variance shall be referred to as the "Application." 2 Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Further, a public hearing notice display board was posted at the site and at three other locations within the project vicinity. 3 On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 does not require further CEQA review. On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated -Negative Declaration is required to be prepared. 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 wildlife resources orthe 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: CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves construction of a new approximately 6,000 - square -foot restaurant with on -sale alcohol. On -sale alcohol is permitted within a conditional use permit. As conditioned, the project complies with applicable provisions of the Development Code, Diamond Bar Village Specific Plan and Municipal Code. As conditioned and with the approval of Variance No. 2006-06, the project meets all the standards related to height, setbacks, parking, circulation, and landscaping requirements. (b) The project design is consistent with General Plan Objective 1.3 that states, "Designate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs." 2 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. The proposed restaurant use will provide a needed service to the area where there are few full-service restaurants. The proposed restaurant will also complement the existing Target store use by providing additional service uses for Target customers and for the surrounding residential and institutional uses. The project is also consistent with General Plan Objective 3.2 that states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed project is consistent with this objective in that, as conditioned, it will provide a well-designed restaurant building that will blend with the surrounding area and will complement the design of the existing Target store. The proposed landscaping will further enhance the building and site. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed project is consistent with all applicable development standards in the Development Code and the Diamond Bar Village Specific Plan. The design of the restaurant will allow the serving of alcohol to customers dining at the restaurant. Serving of alcohol will be stopped one hour before closing. The bar area is separate from the regular dining within the restaurant and as such will allow better monitoring of customers using that area. The restaurant is consistent with the operations of a bona -fide eating place in that a full menu will be provided with serving of alcohol secondary to and complementing the primary use. (d) As referenced above in Items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (e) As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 3 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. (f) The proposed project has been reviewed in compliance with CEQA and found that it will not require further review under CEQA. DEVELOPMENT REVIEW The design and layout of the proposed project are consistent with the findings required for approval of development review applications as follows: (a) As conditioned, the design and layout of the proposed project are consistent with the general plan, development standards of the zoning district, and design guidelines. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 and 3.2 as outlined in Section (b) above. As conditioned and with the approval of Variance No. 2006-06, the project is consistent with development standards of the Diamond Bar Village Specific Plan. The proposed development will improve the appearance of the site and be compatible with existing surrounding development in the quality of the design of the restaurant and provision of landscaping that will enhance the site. The proposed building is also compatible with and complementary with the existing Target store on the site. (b) As discussed above in Items (a) through (f), 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. (c) As discussed above in Item (f), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and existing on-site Target store and will maintain the ter harmonious,elo ment Code, the Diamond Bar Village Specific Planand attractive development contemplated by , the 22.48 of the Development General Plan, or City Design Guidelines. (d) As discussed above in Item (f), the design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through an aesthetic use of materials, texture, and color that will remain aesthetically appealing. (e) Before 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. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in 4 Planning Commission Resolution CUP Oo. 086-18 the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. Variance (a) There are special circumstances applicable to the property 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 non -self-created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance to reduce the parking lot setback as required under the Diamond Bar Village Specific Plan. The strict application of the development standard would deny the property owner the same privileges enjoyed by adjacent property owners in terms of allowing for sufficient amount of parking for the restaurant use. The site characteristics that include an acute angle at the northerly corner of the site, a 20 -foot -wide Edison easement and a six- foot -wide sewer easement limit the location and constrict the orientation of the proposed restaurant building. The building orientation is not parallel to Grand Ave. and results in the parking lot that is at an angle to Grand Ave. The site characteristics are not shared by the adjacent commercial center across Grand Ave. The small commercial center property does not have an easement that restricts building orientation or placement. (b) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owner in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to develop the property with sufficient parking to serve the proposed building. The adjacent commercial site is not restricted by easements and shape of the property to where sufficient parking can be provided for the on-site uses., (c) Granting the variance is consistent with the general plan and any applicable specific plan. Granting of the variance is consistent with General Plan Land Use Objectives 1.3 and 3.2 in that the proposed restaurant use will provide a needed service to the area where there are few full-service restaurants. The 5 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. proposed restaurant will also complement the existing Target store use by providing additional service uses for Target customers and for the surrounding residential and institutional uses. (d) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division; and Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. (e) The proposed entitlement has been reviewed in compliance with the provisions of CEQA. An EIR has been previously approved for the project and no further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General site plan, floor ect shall substantially nform to plan, elevations, (1) The projvations, landscape plan, ocomprehens comprehensive sign �plan and details collectively labeled as Exhibit "A" dateJanuary 23, 2007, as d submitted to, amended herein, and approved by the Planning Commission. (2) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (3) 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 fee for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not 6 Planning Commission Resolution 2006-18,0tc 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. (4) Compliance with pertinent conditions of approval for Parcel Map No. 61702. b. Planning Division (5) Before issuance of Certificate of Occupancy, the applicant shall provide evidence of issuance of a Type 47 license from the California Department of Beverage Control. (6) There shall be no live entertainment on the premise. (7) The operation of the restaurant shall comply with the City's noise regulations (8) Hours of operation shall be limited to between 11 a.m. to 11 p.m. Sunday through Thursday, 11 a.m. to 12 p.m. Friday and Saturday. (9) Before issuance of any City permits, the applicant shall provide revised building elevations plan for the Planning Division's review and approval with the following changes: (a) Increase of the size of the wood beams used as braces for the metal hipped roof of the tower. (b) Use the same roof material, finish and color of the tower for the shed roof over the rear service area. (c) Roof supports for the service area roof shall be more substantial and have a similar finish to the braces supporting the tower roof. (d) The electrical cabinet on the east elevation shall be architecturally integrated into the building design with the same stucco, cornice and stacked stones materials. (10) Before issuance of any City permits, the applicant shall provide a revised sign plan for the Planning Division's review and approval with the following changes: 7 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. (a) Change "To -go" sign on the west elevation to wall sign subject to satisfaction of Community Development Director; (c) Reduce the size of the wall sign on the front elevation so that the sign is 1'/Z feet from the sides of the glass window on which it is located. (d) Reduce the sign area for the wall sign on the east elevation to between approximately 50 to 55 square feet and subject to Community Development Director review and approval. (11) Applicant shall submit an application for a sign permit for review and approval by the Planning Division before installation of any signs. Signs are subject to separate building and electrical permits. (12) All landscaping and irrigation shall be installed prior to final inspection and prior to issuance of Certificate of Occupancy. (13) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (14) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in Diamond Bar Municipal Code Chapter 8.12. C. Public Works Department (15) A final as -graded geotechnical report certifying compaction of the building pad shall be submitted to the Engineering Department for review and approval before issuance of building permits. (16) SUSMP requirements shall be met as determined by the Public Works/Engineering Department. (17) Pavement markings shall be placed across the new parking area delineating the pedestrian pathway. 8 Planning Commission Resolution No. 2006-18 CUP 2006-16, etc. 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: RHL Design — Rachael Miller, 3001 Douglas Blvd., Roseville, CA 95661 APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman 1, Nancy Fong, 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 23RD day of January 2007, by the following vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: i ATTEST: Nancy Fong, S cretary Wei, Nolan, VC/Torng, Chair/Nelson None Lee None rl COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-18 Development Review No. 2006-44 and Variance No. 2006-06 SUBJECT: Construction of an approximately 6,000 -square -foot restaurant with on -sale alcohol APPLICANT: RHL Design — Rachael Miller, 3001 Douqlas Blvd Roseville CA 95661 LOCATION: 707 Grand Ave. Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: (A) GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 10 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, s approval shall not be effective until the applicants pay 9 City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007-05, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. g. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as use has grading, tree removal, encroachment, building, etc.,) or app roved commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. 11. The applicant shall comply with the requirements,of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2006-18, Development Review No. 2006-44, and Variance No. 2006-06 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, comprehensive sign plan, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 12 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. F. SOLID WASTE 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS PARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1't Sand April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. APPLICANT SHALL CONTACT Trit IFOLLOWING COND TIONS:IVISION, (909) 839-7020, FOR COMPLIANCE WITH THE Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the National ordinances ical Code) and regulations in effect all at the timeofapplicable n constructruc ord tion codes, ord check submittal. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. The minimum design load for wind in this area is80M.P.H. .P'c n exposures submit and the site is within seismic zone four (4). PP drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 2. 3 13 Planning Commission Resolution CUP 00.208 etc 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 6. Restaurant shall be equipped with grease interceptors. 7. All food establishments shall obtain County health and environmental waste permits. 8. Applicant shall submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. Separate permit shall be required for all wall and monument signs and shall be noted on plans. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Applicant shall provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Applicant shall indicate the proposed addition and existing building on the Plans. 13. Applicant shall submit code analysis and justification showing the following: a. Each building square foot; b. Each building height; C. Type of construction; d. Sprinkler system; e. Each group occupancy; f. Property line location in relation to each building (side yard); g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.); h. Accessibility analysis for the entire site and for each building; and i. Shaft rating/ exterior walls construction/ opening protection. 14. Applicant shall verify adequate exit requirements. The distance between required exits shall be Y2 of the building diagonal. 15. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 16. Applicant shall indicate all easements on the site plan 14 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. 17. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 18. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 19. Grading plans shall be submitted showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Drainage patterns shall aela 2%d with minimum s slope. Department. Surface water shall drain away from building at 22. Applicant shall specify location of tempered glass as required by code. 23. Applicant shall specify 1 /4"/ft slope for all flat surfaces/ decks with approved water proofing material. Provide guardrail connection detail (height, spacing, etc.) 24. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES ION COUNTY.FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. Fire hydrant shall have a flow test. END 15 Planning Commission Resolufion No. 2006-18 CUP 2006-18, etc. PLANNING COMMISSION RESOLUTION NO. 2007-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-18, DEVELOPMENT REVIEW NO. 2006-44, AND VARIANCE NO. 2006-06 TO CONSTRUCT AN APPROXIMATELY 6,000 -SQUARE -FOOT RESTAURANT WITH ON -SALE ALCOHOL ON A PROPERTY LOCATED AT 707 GRAND AVENUE (APNS: 8293-045-007 & 8293-045-008) A. RECITALS The applicant, RHL Design, has filed an application for Conditional Use Permit No. 2006-18, Development Review No. 2006-44, Variance No. 2006 06 for construction of an approximately 6,000 -square -foot restaurant with on -sale alcohol on property located at 707 Grand Avenue, Diamond Bar, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Variance shall be referred to as the "Application." 2 Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Further, a public hearing notice display board was posted at the site and at three other locations within the project vicinity. 3 On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning 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 does not require further CEQA review. On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated -Negative Declaration is required to be prepared. 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 wildlife 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: CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves construction of a new approximately 6,000 - square -foot restaurant with on -sale alcohol. On -sale alcohol is permitted within a conditional use permit. As conditioned, the project complies with applicable provisions of the Development Code, Diamond Bar Village Specific Plan and Municipal Code. As conditioned and with the approval of Variance No. 2006-06, the project meets all the standards related to height, setbacks, parking, circulation, and landscaping requirements. (b) The project design is consistent with General Plan Objective 1.3 that states, "Designate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs." 2 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. The proposed restaurant use will provide a needed service to the area where there are few full-service restaurants. The proposed restaurant will also complement the existing Target store use by providing additional service uses for Target customers and for the surrounding residential and institutional uses. The project is also consistent with General Plan Objective 3.2 that states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed project is consistent with this objective in that, as conditioned, it will provide a well-designed restaurant building that will blend with the surrounding area and will complement the design of the existing Target store. The proposed landscaping will further enhance the building and site. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed project is consistent with all applicable development standards in the Development Code and the Diamond Bar Village Specific Plan. The design of the restaurant will allow the serving of alcohol to customers dining at the restaurant. Serving of alcohol will be stopped one hour before closing. The bar area is separate from the regular dining within the restaurant and as such will allow better monitoring of customers using that area. The restaurant is consistent with the operations of a bona -fide eating place in that a full menu will be provided with serving of alcohol secondary to and complementing the primary use. (d) As referenced above in Items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (e) As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 3 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. (f) The proposed project has been reviewed in compliance with CEQA and found that it will not require further review under CEQA. DEVELOPMENT REVIEW The design and layout of the proposed project are consistent with the findings required for approval of development review applications as follows: (a) As conditioned, the design and layout of the proposed project are consistent with the general plan, development standards of the zoning district, and design guidelines. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 and 3.2 as outlined in Section (b) above. As conditioned and with the approval of Variance No. 2006-06, the project is consistent with development standards of the Diamond Bar Village Specific Plan. The proposed development will improve the appearance of the site and be compatible with existing surrounding development in the quality of the design of the restaurant and provision of landscaping that will enhance the site. The proposed building is also compatible with and complementary with the existing Target store on the site. (b) As discussed above in Items (a) through (f), 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. (c) As discussed above in Item (f), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and existing on-site Target store and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the Diamond Bar Village Specific Plan, the General Plan, or City Design Guidelines. (d) As discussed above in Item (f), the design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through an aesthetic use of materials, texture, and color that will remain aesthetically appealing. (e) Before 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. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in 4 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. Variance (a) There are special circumstances applicable to the property 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 non -self-created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance to reduce the parking lot setback as required under the Diamond Bar Village Specific Plan. The strict application of the development standard would deny the property owner the same privileges enjoyed by adjacent property owners in terms of allowing for sufficient amount of parking for the restaurant use. The site characteristics that include an acute angle at the northerly corner of the site, a 20 -foot -wide Edison easement and a six- foot -wide sewer easement limit the location and constrict the orientation of the proposed restaurant building. The building orientation is not parallel to Grand Ave. and results in the parking lot that is at an angle to Grand Ave. The site characteristics are not shared by the adjacent commercial center across Grand Ave. The small commercial center property does not have an easement that restricts building orientation or placement. (b) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owner in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to develop the property with sufficient parking to serve the proposed building. The adjacent commercial site is not restricted by easements and shape of the property to where sufficient parking can be provided for the on-site uses., (c) Granting the variance is consistent with the general plan and any applicable specific plan. Granting of the variance is consistent with General Plan Land Use Objectives 1.3 and 3.2 in that the proposed restaurant use will provide a needed service to the area where there are few full-service restaurants. The 5 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. proposed restaurant will also complement the existing Target store use by providing additional service uses for Target customers and for the surrounding residential and institutional uses. (d) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division; and Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. (e) The proposed entitlement has been reviewed in compliance with the provisions of CEQA. An EIR has been previously approved for the project and no further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to title sheet, site plan, floor plan, elevations, landscape plan, comprehensive sign plan and details collectively labeled as Exhibit "A" dated January 23, 2007, as submitted to, amended herein, and approved by the Planning Commission. (2) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (3) 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 fee for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not 6 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. 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. (4) Compliance with pertinent conditions of approval for Parcel Map No. 61702. b. Planning Division (5) Before issuance of Certificate of Occupancy, the applicant shall provide evidence of issuance of a Type 47 license from the California Department of Beverage Control. (6) There shall be no live entertainment on the premise. (7) The operation of the restaurant shall comply with the City's noise regulations (8) Hours of operation shall be limited to between 11 a.m. to 11 p.m. Sunday through Thursday, 11 a.m. to 12 p.m. Friday and Saturday. (9) Before issuance of any City permits, the applicant shall provide revised building elevations plan for the Planning Division's review and approval with the following changes: (a) Increase of the size of the wood beams used as braces for the metal hipped roof of the tower. (b) Use the same roof material, finish and color of the tower for the shed roof over the rear service area. (c) Roof supports for the service area roof shall be more substantial and have a similar finish to the braces supporting the tower roof. (d) The electrical cabinet on the east elevation shall be architecturally integrated into the building design with the same stucco, cornice and stacked stones materials. (10) Before issuance of any City permits, the applicant shall provide a revised sign plan for the Planning Division's review and approval with the following changes: 7 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. (a) Change "To -go" sign on the west elevation to wall sign subject to satisfaction of Community Development Director; (c) Reduce the size of the wall sign on the front elevation so that the sign is 11/2 feet from the sides of the glass window on which it is located. (d) Reduce the sign area for the wall sign on the east elevation to between approximately 50 to 55 square feet and subject to Community Development Director review and approval. (11) Applicant shall submit an application for a sign permit for review and approval by the Planning Division before installation of any signs. Signs are subject to separate building and electrical permits. (12) All landscaping and irrigation shall be installed prior to final inspection and prior to issuance of Certificate of Occupancy. (13) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (14) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in Diamond Bar Municipal Code Chapter 8.12. c. Public Works Department (15) A final as -graded geotechnical report certifying compaction of the building pad shall be submitted to the Engineering Department for review and approval before issuance of building permits. (16) SUSMP requirements shall be met as determined by the Public Works/Engineering Department. (17) Pavement markings shall be placed across the new parking area delineating the pedestrian pathway 8 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. 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: RHL Design - Rachael Miller, 3001 Douglas Blvd., Roseville, CA 95661 APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman I, Nancy Fong, 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 23RD day of January 2007, by the following vote: AYES: Commissioners: Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: Lee ABSTAIN: Commissioners: None A ATTEST: 9 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-18, Development Review No. 2006-44, and Variance No. 2006-06 SUBJECT: Construction of an approximately 6,000 -square -foot restaurant with on -sale alcohol APPLICANT: RHL Design - Rachael Miller, 3001 Douglas Blvd., Roseville, CA 95661 LOCATION: 707 Grand Ave., Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: (A) GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 10 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-18, Development Review No. 2006-44 and Variance No. 2006-06, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007-05, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. 11. The applicant shall comply with the requirements,of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1 The approval of Conditional Use Permit No. 2006-18, Development Review No. 2006-44, and Variance No. 2006-06 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, comprehensive sign plan, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 12 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. F. SOLID WASTE 1 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 13 Planning Commission Resolution No. 2006-18 CUP 2006-18. etc. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 6. Restaurant shall be equipped with grease interceptors. 7. All food establishments shall obtain County health and environmental waste permits. 8. Applicant shall submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. Separate permit shall be required for all wall and monument signs and shall be noted on plans. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Applicant shall provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Applicant shall indicate the proposed addition and existing building on the plans. 13. Applicant shall submit code analysis and justification showing the following: a. Each building square foot; b. Each building height; c. Type of construction; d. Sprinkler system; e. Each group occupancy; f. Property line location in relation to each building (side yard); g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.); h. Accessibility analysis for the entire site and for each building; and i. Shaft rating/ exterior walls construction/ opening protection. 14. Applicant shall verify adequate exit requirements. The distance between required exits shall be Y2 of the building diagonal. 15. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 16. Applicant shall indicate all easements on the site plan. 14 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc. 17. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 18. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 19. Grading plans shall be submitted showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Drainage patterns shall be checked with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Applicant shall specify location of tempered glass as required by code. 23. Applicant shall specify 1 /4"/ft slope for all flat surfaces/ decks with approved water proofing material. Provide guardrail connection detail (height, spacing, etc.) 24. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. Fire hydrant shall have a flow test. END 15 Planning Commission Resolution No. 2006-18 CUP 2006-18, etc.