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HomeMy WebLinkAboutPC 2007-20PLANNING COMMISSION RESOLUTION NO. 2007-20 A, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-33 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AN EXISTING SERVICE STATION BY REMOVING THE THREE SERVICE BAYS AND ENLARGING THE CONVENIENCE MART STRUCTURE AND USE AND UPGRADING THE EXTERIOR DESIGN OF ON-SITE STRUCTURES LOCATED AT 21324 PATHFINDER ROAD (APN: 8285-029-002), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Mohamad Salimnia, and applicant, Nassar Moghadam, filed Development Review No. 2004-33 application for a service station located 21324 Pathfinder Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners in a 500 -foot radius of the project site. The San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers published the public hearing notice. A public hearing notice display board was posted at the site and legal notices were posted at the City's designated community posting sites. 3. On April 10, 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 the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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 commercial site is Assessor Parcel Number 8285-029-002 at 21324 Pathfinder Road, Diamond Bar, California. The relatively flat square shaped lot is 22,647 square feet in size on the southwest corner of the Pathfinder Road and Brea Canyon Road intersection. The existing service station with four fueling pumps at two islands, three service bays, and the convenience store was completed in 1971. (b) Commercial Office (CO), for a diverse mix of office, retail, and service -related uses, is the General Plan Land Use designation and the zoning. (c) Diamond Bar High School and single-family residential zoning, R-1- 7,500 and R-1-8000 respectively, are to the north and east. Commercial Office (CO) and the freeway are to the west and south. (d) The Application requests to remodel an existing service station by removing the three service bays and enlarging the convenience mart structure and use and upgrading the exterior design of on-site structures. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are 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 current commercial service station site was established in 1971 before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995, General Plan Land Use designation is Commercial Office (CO) intended for a diverse mix of office, retail and service -related uses. The Application is consistent with the General Plan Land Use Element Objectives 1. 3, 2.2 and 3.2. 2 Planning Commission Resolution No. 2007-20 The proposed project provides for retail and service commercial uses that are revenue generating as encouraged by Objective 9.3. The proposed project is refurbishing existing development in an organized land use pattern to minimize conflicts between adjacent land uses. The proposed site is enhanced with the closure of the driveway near the corner. The ADA sidewalk and approach improvements with the added landscape at the perimeter of Pathfinder Road and Brea Canyon Road enhance the site and soften the impact of the building and gas pumps as viewed from the street and encouraged by the General Plan Objective 2.2. Additionally, the proposed project is consistent with Objective 3.2 which encourages exemplary design for intensification of existing development to yield a pleasant living, working, or shopping environment to attract the interest of residents, worker, shoppers, and visitors. There is not an applicable specific plan for this project. (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. The City's Traffic Engineer and Public Works Department have studied the Pathfinder Road/Brea Canyon Road intersection with numerous Capital Improvement Projects including the recent signalization and turning lanes. Therefore, the applicants and City worked together to improve this project's on-site circulation to be consistent with the City's objectives for the intersection. As a result, the site's four driveways are reduced to three. The Brea Canyon Road driveway located on the northeast side closest to the corner will be removed and replaced with landscape. The closure of this driveway and alignment of the second driveway will shift the left hand turn movement of Brea Canyon Road further away from the corner and cause less traffic congestion at the intersection. The second driveway on Brea Canyon Road and the Pathfinder Road driveway entrance nearest the corner are widened for the fueling truck's movement and turning radius. The west Pathfinder Road driveway entrance is narrowed. Pathfinder Road and Brea Canyon Road adequately serve the project site which is currently developed with a service station. The Application removes the service bay use, maintains the fueling service, and enlarges the convenience mart's retail sales to include take out food service such as hot dogs and sandwiches. The remodel updates the exterior design and circulation for consistency with surrounding properties. 3 Planning Commission Resolution No. 2007-20 (g) The architectural design of the proposed development is compatible with the characteristics -of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project site is approximately 22,650 square feet and developed with a Chevron service station constructed in 1971. The station has two fuel islands with four pumps, three service bays, and convenience mart. The proposed project enlarges the existing convenience mart by removing all service bays. The retail sales and convenience store uses are increased to include take out food service such as hot dogs and sandwiches. The remodel updates the exterior structures on-site meeting the City's development standards. A tower with columns and entry is proposed for the front elevation with new windows and doors and stone wainscoting for texture. As conditioned, the project is consistent with development standards of the CO zone and will improve the appearance of the site and be compatible with existing surrounding development with the enhanced design and landscaping over that required by the Development Code. The layout of the proposed development will provide adequate space for vehicles to enter and exit the site and for fuel trucks to maneuver through the site such that they will not interfere with other on-site traffic. The proposed architectural improvements are compatible with surrounding properties and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. The tower uses Sandstorm (sandstone) roof tiles. The building has a flat roof with Fog Southern Ledgestone wainscoting and moldings at the roof will be used on all elevations of the building. Proposed colors are off-white, stone gray, and sandstone. Chevron's typical blue is used for the canopy and the typical red and blue will be proposed with the future signage application. As noted in finding (g), the proposed improvements enhance the site and soften the impact of the building and gas pumps viewed from the street, enhance the site's appearance while maintaining compatibility with existing surrounding development, and provides better on-site circulation. These improvements and the proposed colors, materials, 4 Planning Commission Resolution No. 2007-20 and textures are consistent with and complimentary to the surrounding properties within the area while offering variety and low maintenance levels. (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. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions and attached Standard Conditions. (a) Planning Division (1) Prior to building permit issuance, the applicant shall provide a signage application and/or Comprehensive Sign Program to the Planning Division per Diamond Bar Municipal Code Sections 22.36 and 22.68. (2) Prior to building plan check submittal, the applicant shall revise the island canopy remodel to match the building's stone and roof molding enhancements. The revision will be reviewed and approved by the Community Development Director. (3) Prior to building permit plan check submittal, Plan Sheet A-3, Key E, shall be changed to Ledgestone as submitted on the color board. (4) Prior to building permit plan check submittal, decorative protection spheres in front of the convenience mart shall be 5 Planning Commission Resolution No. 2007-20 revise& The design shall be reviewed and approved by the Community Development Director. (5) All roof mounted equipment shall be screened from public view. (6) Lighting in the canopy and roof overhang shall be recessed. (7) The site's landscape shall be increased to 20 percent and presented to the Planning Division for approval. (8) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBMC Chapter 8.12. (b) Public Works Department (9) On-site "No Left Turn", R3-2, signs shall be added to the site plan, reviewed and approved by the Public Works Department, and posted at the Pathfinder Road exits. (10) Applicant shall construct a five-foot wide sidewalk behind the existing curb and a new driveway approach in accordance with current American Public Works Association (APWA) standards. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. (11) Prior to final inspection, any curbs, sidewalks, driveway approaches, pavement, traffic signals, etc. damaged due to construction activities shall be repaired or replaced to the satisfaction of the Public Works Director. (c) Building and Safety Division (12) If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off- site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations. (13) If hazardous materials are present in construction debris, then demolition activities shall be performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. C Planning Commission Resolution No. 2007-20 (14) Before issuance of a demolition permit by the Building and Safety Division, the applicant shall provide a copy of the demolition notification from the SCAQMD. In compliance with SCAQMD regulations, the applicant is required to show compliance with regulations for asbestos and lead paint removal. 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: Owner, Mohamad Salimnia, 21324 Pathfinder Road, Diamond Bar, CA 91765 and applicant, Nassar Moghadam, 44052 Galicia Drive, Hemet, CA 92544. APPROVED AND ADOPTED THIS 10th DAY OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Seve 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 10th day of April 2007, by the following vote: AYES: Commissioners: Nolan, Lee, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Z6 �- 'rw Nancy Fong, ec ry 7 Planning Commission Resolution No. 2007-20 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS COMMERCIAL REMODELED STRUCTURES PROJECT #: Development Review No. 2004-33 SUBJECT: To remodel an existing service station by removing the three service bays and enlarging the convenience mart structure and use, and upgrading the exterior design of all on-site structures OWNER: Mohamad Salimnia APPLICANT: Nasser Moghadam LOCATION: 21324 Pathfinder Road 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 Development Review No. 2004-33 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. 1.2 Planning Commission Resolution No. 2007-20 (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. I :. 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 Development Review No. 2004-33, 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. 2007-20, 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. 0 Planning Commission Resolution No. 2007-20 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 priorto 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 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 1. 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, roof plan, exterior lighting plan, exterior materials and colors, canopy, landscaping and irrigation on file in the Planning Division, the conditions contained herein, and 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. 4. The parking lot surface shall be repaired, slurry, and re -stripped, and driveways and curb ramps shall be current ADA standards. The path of 10 Planning Commission Resolution No. 2007-20 travel from a handicap parking stall to building and from the curb to the building shall not exceed a two percent slope. 5. The approved on-site lighting plan shall be reviewed by the Building and Safety Division for compliance to the City Standards. E. LANDSCAPE 1. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed per approved plan. 21. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. F. SOLID WASTE I . Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 2. Trash and recycling receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. ,3. Adequate capacity shall be provided for the trash and recycling enclosure design. Such requirements shall be based on the volume and tonnage generated by the development activity. For every trash bin needed, there must be enough space for an equivalent recycling bin shown on the plan as a one to one (1:1) ratio. Submit labeled location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan 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). 11 Planning Commission Resolution No. 2007-20 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced bywatering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. OFF-SITE STREET IMPROVEMENTS Street, sidewalk, driveway approaches, and other right-of-way improvement plans shall be a 24" x 36" sheet format, prepared by a registered Civil Engineer, and submitted to and approved by the City Engineer. F. SEWER 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 0K Planning Commission Resolution No. 2007-20 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Kitchen and bathroom lights shall be fluorescent. 2. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 3. 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. 4. 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). 5. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 7. 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. B. All kitchens shall be equipped with grease interceptors. 9. All food establishments shall obtain County health and environmental waste permits. 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 11. Submit Public Works Department approved drainage and/or parking lot plans showing clearly all finish elevations, drainage, and retaining walls locations. 12. A separate permit shall be required for all wall and monument signs and shall be noted on plans. 13. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 14. Indicate all easements on the site plan. 13 Planning Commission Resolution No. 2007-20 15. 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. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 17. Specify location of tempered glass as required by code. 18. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. 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. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 14 Planning Commission Resolution No. 2007-20 PLANNING COMMISSION RESOLUTION NO. 2007-20 A, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-33 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AN EXISTING SERVICE STATION BY REMOVING THE THREE SERVICE BAYS AND ENLARGING THE CONVENIENCE MART STRUCTURE AND USE AND UPGRADING THE EXTERIOR DESIGN OF ON-SITE STRUCTURES LOCATED AT 21324 PATHFINDER ROAD (APN: 8285-029-002), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Mohamad Salimnia, and applicant, Nassar Moghadam, filed Development Review No. 2004-33 application for a service station located 21324 Pathfinder Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners in a 500 -foot radius of the project site. The San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers published the public hearing notice. A public hearing notice display board was posted at the site and legal notices were posted at the City's designated community posting sites. 3. On April 10, 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 the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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 commercial site is Assessor Parcel Number 8285-029-002 at 21324 Pathfinder Road, Diamond Bar, California. The relatively flat square shaped lot is 22,647 square feet in size on the southwest corner of the Pathfinder Road and Brea Canyon Road intersection. The existing service station with four fueling pumps at two islands, three service bays, and the convenience store was completed in 1971. (b) Commercial Office (CO), for a diverse mix of office, retail, and service -related uses, is the General Plan Land Use designation and the zoning. (c) Diamond Bar High School and single-family residential zoning, R-1- 7,500 and R-1-8000 respectively, are to the north and east. Commercial Office (CO) and the freeway are to the west and south. (d) The Application requests to remodel an existing service station by removing the three service bays and enlarging the convenience mart structure and use and upgrading the exterior design of on-site structures. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are 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 current commercial service station site was established in 1971 before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995, General Plan Land Use designation is Commercial Office (CO) intended for a diverse mix of office, retail and service -related uses. The Application is consistent with the General Plan Land Use Element Objectives 1.3, 2.2 and 3.2. 2 Planning Commission Resolution No. 2007-20 The proposed project provides for retail and service commercial uses that are revenue generating as encouraged by Objective 1.3. The proposed project is refurbishing existing development in an organized land use pattern to minimize conflicts between adjacent land uses. The proposed site is enhanced with the closure of the driveway near the corner. The ADA sidewalk and approach improvements with the added landscape at the perimeter of Pathfinder Road and Brea Canyon Road enhance the site and soften the impact of the building and gas pumps as viewed from the street and encouraged by the General Plan Objective 2.2. M Additionally, the proposed project is consistent with Objective 3.2 which encourages exemplary design for intensification of existing development to yield a pleasant living, working, or shopping environment to attract the interest of residents, worker, shoppers, and visitors. There is not an applicable specific plan for this project. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The City's Traffic Engineer and Public Works Department have studied the Pathfinder Road/Brea Canyon Road intersection with numerous Capital Improvement Projects including the recent signalization and turning lanes. Therefore, the applicants and City worked together to improve this project's on-site circulation to be consistent with the City's objectives for the intersection. As a result, the site's four driveways are reduced to three. The Brea Canyon Road driveway located on the northeast side closest to the corner will be removed and replaced with landscape. The closure of this driveway and alignment of the second driveway will shift the left hand turn movement of Brea Canyon Road further away from the corner and cause less traffic congestion at the intersection. The second driveway on Brea Canyon Road and the Pathfinder Road driveway entrance nearest the corner are widened for the fueling truck's movement and turning radius. The west Pathfinder Road driveway entrance is narrowed. Pathfinder Road and Brea Canyon Road adequately serve the project site which is currently developed with a service station. The Application removes the service bay use, maintains the fueling service, and enlarges the convenience mart's retail sales to include take out food service such as hot dogs and sandwiches. The remodel updates the exterior design and circulation for consistency with surrounding properties. 3 Planning Commission Resolution No. 2007-20 (9) The architectural design of the proposed development is compatible with the characteristics -of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project site is approximately 22,650 square feet and developed with a Chevron service station constructed in 1971. The station has two fuel islands with four pumps, three service bays, and convenience mart. The proposed project enlarges the existing convenience mart by removing all service bays. The retail sales and convenience store uses are increased to include take out food service such as hot dogs and sandwiches. The remodel updates the exterior structures on-site meeting the City's development standards. A tower with columns and entry is proposed for the front elevation with new windows and doors and stone wainscoting for texture. As conditioned, the project is consistent with development standards of the CO zone and will improve the appearance of the site and be compatible with existing surrounding development with the enhanced design and landscaping over that required by the Development Code. The layout of the proposed development will provide adequate space for vehicles to enter and exit the site and for fuel trucks to maneuver through the site such that they will not interfere with other on-site traffic. The proposed architectural improvements are compatible with surrounding properties and consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that is aesthetically appealing. The tower uses Sandstorm (sandstone) roof tiles. The building has a flat roof with Fog Southern Ledgestone wainscoting and moldings at the roof will be used on all elevations of the building. Proposed colors are off-white, stone gray, and sandstone. Chevron's typical blue is used for the canopy and the typical red and blue will be proposed with the future signage application. As noted in finding (g), the proposed improvements enhance the site and soften the impact of the building and gas pumps viewed from the street; enhance the site's appearance while maintaining compatibility with existing surrounding development; and provides better on-site circulation. These improvements and the proposed colors, materials, 4 Planning Commission Resolution No. 2007-20 and textures are consistent with and complimentary to the surrounding properties within the area while offering variety and low maintenance levels. U) 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. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. This project meets Municipal Code building standards including height. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions and attached Standard Conditions. (a) Planning Division (1) Prior to building permit issuance, the applicant shall provide a signage application and/or Comprehensive Sign Program to the Planning Division per Diamond Bar Municipal Code Sections 22.36 and 22.68. (2) Prior to building plan check submittal, the applicant shall revise the island canopy remodel to match the building's stone and roof molding enhancements. The revision will be reviewed and approved by the Community Development Director. (3) Prior to building permit plan check submittal, Plan Sheet A-3, Key E, shall be changed to Ledgestone as submitted on the color board. (4) Prior to building permit plan check submittal, decorative protection spheres in front of the convenience mart shall be 5 Planning Commission Resolution No. 2007-20 revised. The design shall be reviewed and approved by the Community Development Director. (5) All roof mounted equipment shall be screened from public view. (6) Lighting in the canopy and roof overhang shall be recessed. (7) The site's landscape shall be increased to 20 percent and presented to the Planning Division for approval. (8) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBMC Chapter 8.12. (b) Public Works Department (9) On-site "No Left Turn", R3-2, signs shall be added to the site plan, reviewed and approved by the Public Works Department, and posted at the Pathfinder Road exits. (10) Applicant shall construct a five-foot wide sidewalk behind the existing curb and a new driveway approach in accordance with current American Public Works Association (APWA) standards. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. (11) Prior to final inspection, any curbs, sidewalks, driveway approaches, pavement, traffic signals, etc. damaged due to construction activities shall be repaired or replaced to the satisfaction of the Public Works Director. (c) Building and Safety Division (12) If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off- site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations. (13) If hazardous materials are present in construction debris, then demolition activities shall be performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. 6 Planning Commission Resolution No. 2007-20 (14) Before issuance of a demolition permit by the Building and Safety Division, the applicant shall provide a copy of the demolition notification from the SCAQMD. In compliance with SCAQMD regulations, the applicant is required to show compliance with regulations for asbestos and lead paint removal. 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: Owner, Mohamad Salimnia, 21324 Pathfinder Road, Diamond Bar, CA 91765 and applicant, Nassar Moghadam, 44052 Galicia Drive, Hemet, CA 92544. APPROVED AND ADOPTED THIS 10th DAY OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 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 10th day of April 2007, by the following vote: AYES: Commissioners: Nolan, Lee, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None n ATTEST: 7 Planning Commission Resolution No. 2007-20 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS COMMERCIAL REMODELED STRUCTURES PROJECT #: Development Review No. 2004-33 SUBJECT: To remodel an existing service station by removing the three service bays and enlarging the convenience mart structure and use, and upgrading the exterior design of all on-site structures OWNER: Mohamad Salimnia APPLICANT: Nasser Moghadam LOCATION: 21324 Pathfinder Road, 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 Development Review No. 2004-33 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. 8 Planning Commission Resolution No. 2007-20 (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 Development Review No. 2004-33, 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. 2007-20, 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. 9 Planning Commission Resolution No. 2007-20 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 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 priorto 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 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 1. 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, roof plan, exterior lighting plan, exterior materials and colors, canopy, landscaping and irrigation on file in the Planning Division, the conditions contained herein, and 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. 4. The parking lot surface shall be repaired, slurry, and re-stripped, and driveways and curb ramps shall be current ADA standards. The path of 10 Planning Commission Resolution No. 2007-20 travel from a handicap parking stall to building and from the curb to the building shall not exceed a two percent slope. 5. The approved on-site lighting plan shall be reviewed by the Building and Safety Division for compliance to the City Standards. E. LANDSCAPE Prior to the Planning Division's final inspection and/or Certificate of 1. Occupancy issuance, the landscaping/irrigation shall be installed per approved plan. Prior to releasing occupancy, an inspection shall be conducted by the 2. Planning Division to determine that the slope vegetation is in satisfactory condition. F. SOLID WASTE 1. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. :?. Trash and recycling receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. :3. Adequate capacity shall be provided for the trash and recycling enclosure design. Such requirements shall be based on the volume and tonnage generated by the development activity. For every trash bin needed, there must be enough space for an equivalent recycling bin shown on the plan as a one to one (1:1) ratio. Submit labeled location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan 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). 11 Planning Commission Resolution No. 2007-20 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. OFF-SITE STREET IMPROVEMENTS 1 Street, sidewalk, driveway approaches, and other right-of-way improvement plans shall be a 24" x 36" sheet format, prepared by a registered Civil Engineer, and submitted to and approved by the City Engineer. F. SEWER 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 12 Planning Commission Resolution No. 2007-20 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Kitchen and bathroom lights shall be fluorescent. 2. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 3. 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. 4. 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). Vii. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 7. 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. 8. All kitchens shall be equipped with grease interceptors. 9. All food establishments shall obtain County health and environmental waste permits. 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 11. Submit Public Works Department approved drainage and/or parking lot plans showing clearly all finish elevations, drainage, and retaining walls locations. 12. A separate permit shall be required for all wall and monument signs and shall be noted on plans. 13. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 14. Indicate all easements on the site plan. 13 Planning Commission Resolution No. 2007-20 15. 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. 16. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 17. Specify location of tempered glass as required by code. 18. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing material. 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. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 14 Planning Commission Resolution No. 2007-20