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HomeMy WebLinkAboutPC 2007-25PLANNING COMMISSION RESOLUTION NO. 2007-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2007-03 FOR THE COUNTRY HILLS TOWNE CENTER IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA (APNS 8285- (120-31 THROUGH 51). A. RECITALS. The property owner and applicant, Country Hills DB, LLC, has filed an application for Variance No. 2007-03 for property located on Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance shall be referred to as the "Application." 2. The application is a request to allow the applicant to have 35' -foot -high pole - mounted light fixtures within the main parking lot in the Country Hills Towne Center Shopping Center that exceed the 20 -foot maximum height standard. 31. On April 27, 2007, property owners within a 700 -foot radius of the project site were notified by mail and public hearing notice forthis projectwas advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 4. On May 8, 2007, the Planning Commission of the City of Diamond Bar conducted 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this resolution does not require further CEQA review. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt according to the provisions of Section 15301 and 15302 of the CEQA Guidelines. No further environmental assessment is necessary. 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: Variance (VAR) (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 is required to allow the property owner to install 35 -foot - high pole -mounted lighting fixtures that exceed the maximum height standard of 20 feet. The special circumstance applicable to the property is the approximately 20 -foot grade difference between the roadway and the shopping center with the shopping center lower than Diamond Bar Boulevard. The grade difference will result in the shopping center appearing to be poorly lit after dark from the vantage point of passersby on Diamond Bar Boulevard. This condition may result in security problems and visibility issues from the street. The site's grade difference from the roadway places constraints on the use of the property not shared by other properties in the same zone. The gas station and carwash properties located on the corner of Diamond Bar Blvd. and Cold Springs Lane have relatively flat slopes and are at approximately the same grade as Diamond Bar Blvd. (b) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property 2 Planning Commission Resolution No. 2007-25 owners 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 have the shopping center sufficiently visible from Diamond Bar Boulevard at night. Because the shopping center is poorly lit and less visible from Diamond Bar Boulevard than surrounding commercial properties, a situation is created where there is a security issue from poor visibility that may encourage criminal activity at the shopping center. The adjacent commercial properties are close to or at the same elevation as Diamond Bar Boulevard and do not need additional height for pole -mounted light fixtures to appear to be well lit. (c) Granting the variance is consistent with the general plan and any applicable specific plan. The variance is consistent with Objective 1.5 of the General Plan Public Health and Safety Element that states that the City should minimize the risk and fear of crime through physical planning strategies. The granting of the variance will allow the pole -mounted lighting fixtures to be higher than allowed by the Development Code, which will give the shopping center more visibility at night from Diamond Bar Boulevard. Better visibility of the shopping center from a major thoroughfare will act as a deterrent to criminal activity. (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 Los Angeles County 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), the proposed project will not have a negative effect on property values or in the vicinity. With the granting of the variance, the shopping center will be more visible from Diamond Bar Boulevard at night and provide safer conditions for customers and tenants using the site. (e) The proposed entitlement has been reviewed in compliance with the provisions of CEQA. 3 Planning Commission Resolution No. 2007-25 The project has been found to be categorically exempt from CEQA according to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. General 1. 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 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. b. Planning Division Before issuance of permits for the light poles and fixtures, the applicant shall provide a revised site plan for Community Development Director review and approval with the following changes: (a) The existing light poles within the north, west and south sides of the parking lot where the shopping center is adjacent to residential areas shall not exceed 20 feet in height, measured from the finished surface to the top of the light fixture. (b) The light poles in the main shopping center parking lot area may be up to 35 feet in height, measured from the finished surface to the top of the light fixture. (c) All light fixtures shall have built in shield to direct the light source downward and to prevent spillage. 4 Planning Commission Resolution No. 2007-25 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 applicant, Country Hills DB, LLC at 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 8' DAY OF May 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ile4'c Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th of May 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 5 Variance No. ?007-03 �I.DLIJIO�'D BAR P� COMMUNITY • STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Variance No. 2007-03 SUBJECT: Installation of 35 -foot -high of 35-foot-highPole-mounted light fixtures light fixtures APPLICANT: MCC Realty, at 9595 Wilshire Boulevard Suite 214 Beverly Hills CA 90212 LOCATION: Country Towne Center, 2709-2843 S Diamond Bar Boulevard Center 2709-2843 S Diamond Bar Boulevard and 21321-21385 Cold Springs Lane 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 Variance No. 2007-03 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. (b) Applicant shall promptly pay any final judgment rendered against the 6 Planning Commission Resolution No. 2007-25 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 Variance No. 2007-03, 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. 2007-25, 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. Applicant shall remove the public hearing notice board within three days of this project's approval. 10. 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 7 Planning Commission Resolution No. 2007-25 Monitoring) at the established rates, prior to issuance of building or grading permit (whichever come 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 Variance No. 2007-03 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 I. 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 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. 8 Planning Commission Resolution No. 2007-25 PLANNING COMMISSION RESOLUTION NO. 2007-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2007-03 FOR THE COUNTRY HILLS TOWNE CENTER IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA (APNS 8285- CI20-31 THROUGH 51). A. RECITALS. 1. The property owner and applicant, Country Hills DB, LLC, has filed an application for Variance No. 2007-03 for property located on Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance shall be referred to as the "Application." 2'. The application is a request to allow the applicant to have 35' -foot -high pole - mounted light fixtures within the main parking lot in the Country Hills Towne Center Shopping Center that exceed the 20 -foot maximum height standard. 3. On April 27, 2007, property owners within a 700 -foot radius of the project site were notified by mail and public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 4. On May 8, 2007, the Planning Commission of the City of Diamond Bar conducted 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this resolution does not require further CEQA review. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt according to the provisions of Section 15301 and 15302 of the CEQA Guidelines. No further environmental assessment is necessary. 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: Variance (VAR) (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 is required to allow the property owner to install 35 -foot - high pole -mounted lighting fixtures that exceed the maximum height standard of 20 feet. The special circumstance applicable to the property is the approximately 20 -foot grade difference between the roadway and the shopping center with the shopping center lower than Diamond Bar Boulevard. The grade difference will result in the shopping center appearing to be poorly lit after dark from the vantage point of passersby on Diamond Bar Boulevard. This condition may result in security problems and visibility issues from the street. The site's grade difference from the roadway places constraints on the use of the property not shared by other properties in the same zone. The gas station and carwash properties located on the corner of Diamond Bar Blvd. and Cold Springs Lane have relatively flat slopes and are at approximately the same grade as Diamond Bar Blvd. (b) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property 2 Planning Commission Resolution No. 2007-25 owners 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 have the shopping center sufficiently visible from Diamond Bar Boulevard at night. Because the shopping center is poorly lit and less visible from Diamond Bar Boulevard than surrounding commercial properties, a situation is created where there is a security issue from poor visibility that may encourage criminal activity at the shopping center. The adjacent commercial properties are close to or at the same elevation as Diamond Bar Boulevard and do not need additional height for pole -mounted light fixtures to appear to be well lit. (c) Granting the variance is consistent with the general plan and any applicable specific plan. The variance is consistent with Objective 1.5 of the General Plan Public Health and Safety Element that states that the City should minimize the risk and fear of crime through physical planning strategies. The granting of the variance will allow the pole -mounted lighting fixtures to be higher than allowed by the Development Code, which will give the shopping center more visibility at night from Diamond Bar Boulevard. Better visibility of the shopping center from a major thoroughfare will act as a deterrent to criminal activity. (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 Los Angeles County 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), the proposed project will not have a negative effect on property values or in the vicinity. With the granting of the variance, the shopping center will be more visible from Diamond Bar Boulevard at night and provide safer conditions for customers and tenants using the site. (e) The proposed entitlement has been reviewed in compliance with the provisions of CEQA. 3 Planning Commission Resolution No. 2007-25 The project has been found to be categorically exempt from CEQA according to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. General 1. 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 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. b. Planning Division Before issuance of permits for the light poles and fixtures, the applicant shall provide a revised site plan for Community Development Director review and approval with the following changes: (a) The existing light poles within the north, west and south sides of the parking lot where the shopping center is adjacent to residential areas shall not exceed 20 feet in height, measured from the finished surface to the top of the light fixture. (b) The light poles in the main shopping center parking lot area may be up to 35 feet in height, measured from the finished surface to the top of the light fixture. (c) All light fixtures shall have built in shield to direct the light source downward and to prevent spillage. 4 Planning Commission Resolution No. 2007-25 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 applicant, Country Hills DB, LLC at 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 8' DAY OF May 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 by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th of May 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 5 Variance No. ?007-03 COMMUNITY DEVELOPMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Variance No. 2007-03 SUBJECT: Installation of 35 -foot -high pole -mounted light fixtures APPLICANT: MCC Realty, at 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212 LOCATION: Country Hills Towne Center, 2709-2843 S. Diamond Bar Boulevard and 21321-21385 Cold Springs Lane, 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 Variance No. 2007-03 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. (b) Applicant shall promptly pay any final judgment rendered against the 6 Planning Commission Resolution No. 2007-25 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 Variance No. 2007-03, 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. 2007-25, 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. Applicant shall remove the public hearing notice board within three days of this project's approval. 10. 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 7 Planning Commission Resolution No. 2007-25 Monitoring) at the established rates, prior to issuance of building or grading permit (whichever come 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 Variance No. 2007-03 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, 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 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. 8 Planning Commission Resolution No. 2007-25