HomeMy WebLinkAboutPC 2008-12PLANNING COMMISSION
RESOLUTION NO. 2008-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2008-43,
MINOR CONDITIONAL USE PERMIT NO. 2008-03, AND CATEGORICAL
EXEMPTION, FOR A REQUEST TO REMODEL AN EXISTING
RESTAURANT BUILDING AND TO MAKE EXTERIOR IMPROVEMENTS
INCLUDING ADDING AN OUTDOOR PATIO DINING AREA, AND TO
SERVE ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AT
23525 PALOMINO DRIVE - APN: 8281-024-053.
A. RECITALS.
The property owner, AP Diamond Bar, LLC and applicants, JS Food, LLC,
CF Yong of Architecture Refined Corporation and Ms. Rose Bacinski of
Bacinski & Associates, have filed an application for Development Review No.
2008-43 and Minor Conditional Use Permit No. 2008-03 for a property
located at 23525 Palomino Drive, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Development Review,
Conditional Use Permit and categorical exemption shall be referred to as the
"Application."
2. Public hearing notices were mailed to approximately 258 property owners
within a 700 -foot radius of the project site, the public notice was posted in
three public places and the project site was posted with a display board.
Notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On April 8, 2008, 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:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the
CEQA Guidelines promulgated thereunder. Exemptions under Class 1
include additions to existing structures that do not increase the floor area by
more than 50 percent, or more than 2,500 square feet, whichever is less; and
interior or exterior alterations; both of these criteria apply to the proposed
project. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on 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:
a. Development Review
(1) The design and layout of the proposed development is
consistent with the General Plan, development standards of
the applicable zone district, design guidelines, and
architectural criteria for specialized areas (e.g., specific plans,
community plans, boulevards, or planned developments.)
On July 25, 1995, the City adopted its General Plan. The
project site was established prior to the City's incorporation
and General Plan's adoption. The General Plan land use
designation for the project site is General Commercial (C)
which allows for shopping centers with mixed uses including
restaurants. The proposed restaurant project and existing
shopping center with mixed uses is in compliance with the
General Plan
The project site is in the Neighborhood Commercial (C-2)
district. As prescribed in the Development Code, the
development standards of the C-2 zoning district apply to the
project site. The proposed project which includes interior
remodel and exterior upgrades including the construction of an
outdoor patio dining area meets all the development
standards of this zoning district as illustrated in the staff report
The proposed project retains the existing architectural style of
the restaurant building. The outdoor patio dining area is added
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Planning Commission Resolution No. 2008-12
to the south side of the building and 42 inch high planter walls
are added adjacent to the outdoor patio dining area and in the
landscape area at the west side of the building. The building is
proposed to be updated by changing colors to shades of tan
and gold (Sherwin Williams 'Antique White'; and "Folksy
Gold') with a brick color (Sherwin Williams "Fiery Brown') for
accent. Cultured stone, in shades of tan, is added to the
building fagade and planter walls. Cultured stone, in shades of
tan, is added to the building fagade and planter walls. The
proposed paint colors and cultured stone accent is compatible
with materials and colors used to update the fagade of Vons
and approved remodeling of Shell and Chevron service
stations, which are located adjacent and across the street from
the proposed project.
(2) The design and layout of the proposed development will not
interfere with the use and enjoyment of neighboring existing or
future developments, and will not create traffic or pedestrian
hazards.
Construction of the restaurant building was processed by Los
Angeles County and finalized in September 1980. With the
approval and construction of the proposed project, the
restaurant use is retained and the layout of the shopping is not
changed. Also, the proposed project does not add square
footage or change the configuration of the existing restaurant
building. As a result, the proposed project meets the
development standards of the C-2 zoning district even though
it an existing building. Furthermore, the proposed project is
not expected to increase or create traffic or pedestrian hazards
because the restaurant occupancy is not increased from the
previous restaurant; or create a need for more parking than is
provided at the shopping center.
(3) The architectural design of the proposed development is
compatible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48
Diamond Bar Development Code, the General Plan, City
Design Guidelines, or any applicable specific plan.
As discussed in Finding (1) above, the proposed project is
consistent with the General Plan, development standards of
the C-2 zoning district and the City's Design Guidelines. As a
result, the proposed addition is compatible with the
characteristics of the neighborhood and will maintain a
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Planning Commission Resolution No. 2008-12
harmonious, orderly and attractive development. There is no
specific plan for the project area.
(4) The design of the proposed development will provide a
desirable environment for its occupants and visiting public, as
well as its neighbors, through good aesthetic use of materials,
texture, and color that will remain aesthetically appealing
As discussed in Findings (1), (2), and (3) above, the proposed
project will provide a desirable environment for its occupants
and visiting public as well as its neighbors through good
aesthetic use of materials, texture and color that will remain
aesthetically appealing while offering variety in color and
texture and a low level of maintenance.
(5) 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.
Before the 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
Department, and Fire Department requirements. The
referenced agencies, through the permit and inspection
process, 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.
b. Minor Conditional Use Permit for the Sale and On -Site Consumption
of Alcoholic Beverages and Outdoor Patio Dining
(1) The proposed use is allowed within the subject zoning district
with the approval of a Minor Conditional Use Permit and
complies with all other applicable provisions of the
Development Code and the Municipal Code.
Pursuant to Development Code Section 22.10 — Table 2-5, the
proposed sale and on-site consumption of alcoholic beverages
is permitted in the Community Commercial (C-2) zoning district
with the approval of a Minor Conditional Use Permit. As
conditioned, the proposed sale and on-site consumption of
alcoholic beverages in connection with a restaurant complies
with all other applicable provisions of the Development Code
and Municipal Code.
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Planning Commission Resolution No. 2008-12
Pursuant to Development Code Sections 22.42 and 22.56,
restaurants with outdoor patio dining are permitted in the C-2
zoning district with the approval of a Minor Conditional Use
Permit. As conditioned, the outdoor patio dining area in
connection with the proposed restaurant complies with all other
applicable provisions of the Development Code and Municipal
Code.
(2) The proposed use is consistent with the General Plan and any
applicable specific plan.
The project site's land use designation is General Commercial
(C). According to the General Plan, this land use designation
provides for community commercial which allows shopping
centers with mixed uses including restaurants. Therefore, the
proposed restaurant project and existing shopping center with
mixed uses such as service, retail and office is in compliance
with the General Plan. There is not an applicable specific plan
for the project area.
The proposed restaurant with the outdoor patio dining area
and sale and on-site consumption alcoholic beverages is
considered a service use and as such are ancillary uses and
consistent with the General Plan. There is not an applicable
specific plan for the project site.
(3) The design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land
uses in the vicinity.
The sale and on-site consumption of alcoholic beverages in
connection with an existing restaurant will not alter the physical
appearance of the existing shopping center or approved tenant
improvement for the restaurant. Alcoholic beverages will only
be sold in connection with dining and in compliance with the
State Department of Alcoholic Beverage Control. The sale of
alcoholic beverages will be an ancillary use to the restaurant.
Entertainment of any kind will not be permitted. Furthermore,
the previous restaurant also served alcoholic beverages as an
ancillary use with food service. Therefore, the operating
characteristics of the proposed restaurant will be compatible
with the existing and future uses within the shopping center
and surrounding area as conditioned through the Minor
Conditional Use Permit.
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Planning Commission Resolution No. 2008-12
The outdoor patio dining area with overhead trellis is proposed
on the south side of the building facing Palomino Drive. In
accordance with the Development Code, outdoor patio dining
is allowed with approval of a Conditional Use Permit. The
comparison matrix in the staff report shows that the outdoor
patio dining area meets the development standards for the
Community Commercial (C-2) zoning district. In addition, the
outdoor patio dining area will not obstruct the flow of
pedestrian or vehicular traffic in the proposed location.
Furthermore, its location is far enough from the existing
residence to eliminated potential impacts such as glare, light
and noise.
(4) The subject 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.
The availability of alcoholic beverages will be restricted to on-
site consumption for restaurant patrons only and within the
restaurant. Since the restaurant use and tenant improvement
has already been approved by staff, it has been determined
that the shopping center is physically suited to accommodate
this use, including access, provisions of utilities, compatibility
with adjoining land uses, and the absence of physical
constraints. Furthermore, as discussed in Development
Review and Minor Conditional Use Permit findings above, the
subject site is physically suitable for the restaurant with
proposed sale and on-site consumption of alcoholic
beverages and outdoor patio dining and the proposed project
will not be an intensification of use.
(5) Granting the Minor Conditional Use Permit 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 in which the property is
located.
As discussed above in Development Review and Minor
Conditional Use Permit findings, granting approval of this
project with the Department of Alcoholic Beverage Control
(ABC) license and conditions listed within this resolution, the
proposed project will not be detrimental to the public health,
safety or welfare or materially injurious to the properties or
improvements in the vicinity.
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Planning Commission Resolution No. 2008-12
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and Standard Conditions attached hereto and incorporated by
reference:
A. Planning Division
Applicant shall obtain the appropriate permit from the
Department of Alcoholic Beverage Control (ABC) and provide
written verification to the City of said license before providing
for the sale and on-site consumption of alcoholic beverages.
Applicant shall be in compliance with all requirement of said
licensing agency.
2. Applicant' shall obtain a business license from the City priorto
final inspection or issuance of Certificate of Occupancy. The
business license shall be displayed in a conspicuous place
within the restaurant.
3. Entertainment of any kind is not part of this approval and shall
be prohibited.
4. Applicant shall be responsible for maintaining a litter free area
adjacent to the restaurant premises.
5. Prior to final inspection, issuance of Certificate of Occupancy,
or approval of any individual sign permit applications, the
Applicant, property owner, or designee shall submit a
Comprehensive Sign Program to the Planning Division for
review and approval, and pay all associated review fees.
6. To ensure compliance with all conditions of approval and
applicable codes, the Minor Conditional Use Permit shall be
subject to review within one (1) year after the commencement
of business operations pursuant to this Approval, and
periodically thereafter. If non-compliance with conditions of
approval occurs, the Minor Conditional Use Permit may have
operational conditions added or revocation of permits may
occur at a Planning Commission public hearing.
7. Employees of the restaurant shall use parking space located at
the rear of the project site.
8. Loitering shall be prohibited.
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Planning Commission Resolution No. 2008-12
9. The Applicant shall upsize the plant three Crape Myrtle trees
as shown on the landscape plan adjacent to the patio area that
faces Palomino Drive, to 24 -inch box specimens.
10. Any modifications to accommodate seating in the outdoor patio
dining area for weather conditions shall be reviewed and
approved by the Community Development Director.
11. Prior plan check submittal, the applicant shall submit a revised
site plan and details for the trash and recycle bin enclosure for
review and approval by the Community Development Director.
12. Prior to issuance of building permit, the applicant shall submit
elevation drawings of the north, south and west side of the
restaurant building.
13. Alcohol may only be served in the patio dining area at times
when the service of meals is concurrently available. For the
purposes of this condition, the service of meals shall be as
defined by Section 23038 of the State of California Business
and Professions Code ("bona fide public eating place").
14. In the event that the outdoor patio dining area is not built, the
applicant shall submit a revised landscape and irrigation plan
for said area.
B. Building and Safety Division
1. Application for which no permit is issued within 180 days
following the date of application shall expire by limitation, and
plans and other data submitted for review may thereafter be
returned to the applicant or destroyed by the Building
Department.
2. Every permit issued by the Building Department shall expire if
the building or work authorized by such permit is not
commenced within 180 days from the date of such permit.
3. Project shall comply with all Accessibility Code requirements
including accessible parking, path of travel, etc.
4. Occupancy load of every room shall determine exiting and
restroom requirements.
5. Applicant shall submit a total of 5 full set of plans including the
grading for review to the Building & Safety Division after the
plans have been approved by the Planning Division/
Commission.
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Planning Commission Resolution No. 2008-12
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: AP Diamond Bar, LLC, 310 Golden Shore, #300, Long Beach, CA
90802, JS Food, LLC, 1320 Johnson Drive, City of Industry, CA
91745, CF Young, Architecture Refined Corporation, 556 N. Diamond
Bar Boulevard, #307, Diamond Bar, Ca 91765 and Ms. Rose
Bacinski, Bacinske & Associates, 2568 Rudder Way, Oceanside, CA
92054.
APPROVED AND ADOPTED THIS 8TH OF APRIL 2008, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
y Torng, Vice�hairman
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 day
of April 2008, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSTAIN: Commissioners:
,ABSENT: Commissioners
ATTEST:
Nolan, Lee, Shah, VC/Torng
None
Chair/Nelson
None
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Planning Commission Resolution No. 2008-12
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD
CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2008-43 and Minor
Conditional Use Permit No. 2008-03
SUBJECT: Remodel and Exterior Improvements of an Existing
Restaurant Structure
PROPERTY OWNER: AP Diamond Bar, LLC
APPLICANTS: JS Food LLC CF Yong, and Rose Bacinski
LOCATION: 2325 Palomino Drive
ALL OF THE FOLL0141ING 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. 2008-43 and Minor
Conditional Use Permit No. 2008-03 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.
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Planning Commission Resolution No. 2008-12
(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.
:?. 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. 2008-43 and Development Review
No. 2008-03 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 Planning Commission Resolution No. 2008-12 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 plan check, revised site plans and building elevations incorporating
all Conditions of Approval shall be submitted for Planning Division review and
approval.
13. 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.
3. 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. Site, grading, landscape/irrigation and driveway plans, elevations and
sections shall be coordinated for consistency priorto issuance of City permits
(such as grading, tree removal, encroachment, building, etc.,) or approved
use has commenced, whichever comes first.
10. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
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Planning Commission Resolution No. 2008-12
13. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and 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
1. The approval of Development Review No. 2008-43 and Minor Conditional
Use Permit shall expire within two years from the date of approval if the use
has not been exercised as defined per 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" dated April 8, 2008, including: site plan, floor plan,
architectural elevations, materials and colors board and landscaping/
irrigation plan on file in the Planning Division, the conditions contained herein
and Development Code regulations.
2. No amplified music or sound shall be permitted. Applicant shall comply with
the City's noise standards.
3. Prior to Certificate of Occupancy issuance or final release of building permits,
the parking lot surface immediately adjacent to the premises to which this
Application pertains shall in good repair, and accessible paths of travel shall
be provided and maintained in compliance with ADA standards.
4. All roof mounted equipment shall be screened from public view.
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Planning Commission Resolution No. 2008-12
5. All structures, including walls, trash enclosures, canopies, etc., 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.
E. 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.
2. 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.
3. Submit detailed plans showing location, orientation, dimensions, gates,
pedestrian entry, and trash and recycling bin placement.
4. Provide adequate capacity for a central trash enclosure to be equipped with
recycling receptacles. For every trash bin needed (3 CY or 6 CY), there
must be enough space for an equivalent 3 cubic yard recycling bin (51 "H x
81 "W x 42"D) shown on the plan as a one to one (1:1) ratio.
Provide metal gates for the trash enclosure. Chain link with wood slats are
not acceptable material for gates.
6. The exterior design, materials and colors for the trash enclosure shall be
compatible to the building architectural style.
7. Trash enclosure shall be of decorative material such as stucco, plaster, split
face block or other material as approved by Community Development
Director. Chain link with wood slats or precision block is not acceptable.
8 Enclosure areas must have drainage from adjoining roofs and pavement
diverted around the area to avoid flow-through. Trash enclosure drainage
should be directed to vegetated areas where feasible.
9. Enclosure areas must be walled to prevent offsite transport of trash.
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Planning Commission Resolution No. 2008-12
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 prior to the issuance of any City
permits. 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) as specified in the
Storm Water BMP Certification. For construction activity which disturbs one
acre or greater of Storm Water Prevention Plan (SWPPP) shall be needed.
Please refer to City handout
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer. Please refer
to City handouts.
3. Grading and 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.
4. 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
defense shall be locked whenever the construction site is not supervised.
B. Drainage
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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
2004 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at plan check
submittal.
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Planning Commission Resolution No. 2008-12
2. Before construction begins, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements along the
project site's perimeter. This fencing shall remain until the Building Official
approves its removal. The Applicant shall provide temporary sanitation
facilities while under construction.
3. Fire Department approval may 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.
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). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
5. Project shall comply with energy conservation requirements of the State of
California Energy Commission. Kitchen and bathroom lights shall be
fluorescent or controlled by a manual-on/auto off occupant sensor.
6. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
7. Plans shall specify location of tempered glass as required by code.
8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
9. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
End
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Planning Commission Resolution No. 2008-12
PLANNING COMMISSION RESOLUTION NO. 2008-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2008-
43, MINOR CONDITIONAL USE PERMIT NO. 2008-03, AND CATEGORICAL EXEMPTION, FOR A REQUEST TO REMODEL AN
EXISTING RESTAURANT BUILDING AND TO MAKE EXTERIOR IMPROVEMENTS INCLUDING ADDING AN OUTDOOR PATIO DINING
AREA, AND TO SERVE ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AT 23525 PALOMINO DRIVE - APN: 8281-024-053.
A. RECITALS.
1. The property owner, AP Diamond Bar, LLC and applicants, JS Food, LLC, CF Yong of Architecture Refined Corporation and Ms.
Rose Bacinski of Bacinski & Associates, have filed an application for Development Review No. 2008-43 and Minor Conditional Use
Permit No. 2008-03 for a property located at 23525 Palomino Drive, Diamond Bar, Los Angeles County, California. Hereinafter in
this Resolution, the subject Development Review, Conditional Use Permit and categorical exemption shall be referred to as the
"Application."
,2. Public hearing notices were nnailed to approximately 258 property owners within a 700 -foot radius of the project site, the public
notice was posted in three public places and the project site was posted with a display board. Notification of the public hearing for
this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On April 8, 2008, 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution
are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the
CEQA Guidelines promulgated thereunder. Exemptions under Class 1
include additions to existing structures that do not increase the floor area by more than 50 percent, or more than 2,500 square feet,
whichever is less; and interior or exterior alterations; both of these criteria apply to the proposed project. Furthermore, the
categorical exemption reflects the independent judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole
including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the
proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on 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:
a. Development Review
(1) The design and layout of the proposed development is consistent with the General Plan, development standards of the
applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans,
boulevards, or planned developments.)
On July 25, 1995, the City adopted its General Plan. The project site was established prior to the City's incorporation and General
Plan's adoption. The General Plan land use designation for the project site is General Commercial (C) which allows for shopping
centers with mixed uses including restaurants. The proposed restaurant project and existing shopping center with mixed uses is in
compliance with the General Plan
The project site is in the Neighborhood Commercial (C-2) district. As prescribed in the Development Code, the development
standards of the C-2 zoning district apply to the project site. The proposed project which includes interior remodel and exterior
upgrades including the construction of an outdoor patio dining area meets all the development standards of this zoning district as
illustrated in the staff report
The proposed project retains the existing architectural style of the restaurant building. The outdoor patio dining area is added
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to the south side of the building and 42 inch high planter walls are added adjacent to the outdoor patio dining area and in the
landscape area at the west side of the building. The building is proposed to be updated by changing colors to shades of tan and
gold (Sherwin Williams 'Antique White", and "Folksy Gold') with a brick color (Sherwin Williams "Fiery Brown') for accent. Cultured
stone, in shades of tan, is added to the building facade and planter walls. Cultured stone, in shades of tan, is added to the building
facade and planter walls. The proposed paint colors and cultured stone accent is compatible with materials and colors used to
update the fagade of Vons and approved remodeling of Shell and Chevron service stations, which are located adjacent and across
the street from the proposed project.
(2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing
or future developments, and will not create traffic or pedestrian hazards.
Construction of the restaurant building was processed by Los Angeles County and finalized in September 1980. With the approval
and construction of the proposed project, the restaurant use is retained and the layout of the shopping is not changed. Also, the
proposed project does not add square footage or change the configuration of the existing restaurant building. As a result, the
proposed project meets the development standards of the C-2 zoning district even though it an existing building. Furthermore, the
proposed project is not expected to increase or create traffic or pedestrian hazards because the restaurant occupancy is not
increased from the previous restaurant; or create a need for more parking than is provided at the shopping center.
(3) The architectural design of the proposed development is compatible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar
Development Code, the General Plan, City Design Guidelines, or any applicable specific plan.
As discussed in Finding (1) above, the proposed project is consistent with the General Plan, development standards of the C-2
zoning district and the City's Design Guidelines. As a result, the proposed addition is compatible with the characteristics of the
neighborhood and will maintain a
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harmonious, orderly and attractive development. There is no specific plan for the project area.
(4) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well
as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing
As discussed in Findings (1), (2), and (3) above, the proposed project will provide a desirable environment for its occupants and
visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically
appealing while offering variety in color and texture and a low level of maintenance.
(5) 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.
Before the 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 Department, and Fire Department requirements. The referenced
agencies, through the permit and inspection process, 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.
b. Minor Conditional Use Permit for the Sale and On -Site Consumption
of Alcoholic Beverages and Outdoor Patio Dining
(1) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies
with all other applicable provisions of the Development Code and the Municipal Code.
Pursuant to Development Code Section 22.10— Table 2-5, the proposed sale and on-site consumption of alcoholic beverages is
permitted in the Community Commercial (C-2) zoning district with the approval of a Minor Conditional Use Permit. As conditioned,
the proposed sale and on-site consumption of alcoholic beverages in connection with a restaurant complies with all other applicable
provisions of the Development Code and Municipal Code.
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Pursuant to Development Code Sections 22.42 and 22.56, restaurants with outdoor patio dining are permitted in the C-2 zoning
district with the approval of a Minor Conditional Use Permit. As conditioned, the outdoor patio dining area in connection with the
proposed restaurant complies with all other applicable provisions of the Development Code and Municipal Code.
(2) The proposed use is consistent with the General Plan and any applicable specific plan.
The project site's land use designation is General Commercial (C). According to the General Plan, this land use designation provides
for community commercial which allows shopping centers with mixed uses including restaurants. Therefore, the proposed
restaurant project and existing shopping center with mixed uses such as service, retail and office is in compliance with the General
Plan. There is not an applicable specific plan for the project area.
The proposed restaurant with the outdoor patio dining area and sale and on-site consumption alcoholic beverages is considered a
service use and as such are ancillary uses and consistent with the General Plan. There is not an applicable specific plan for the
project site.
(3) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future
land uses in the vicinity.
The sale and on-site consumption of alcoholic beverages in connection with an existing restaurant will not after the physical
appearance of the existing shopping center or approved tenant improvement for the restaurant. Alcoholic beverages will only be
sold in connection with dining and in compliance with the State Department of Alcoholic Beverage Control- The sale of alcoholic
beverages will be an ancillary use to the restaurant. Entertainment of any kind will not be permitted. Furthermore, the previous
restaurant also served alcoholic beverages as an ancillary use with food service. Therefore, the operating characteristics of the
proposed restaurant will be compatible with the existing and future uses within the shopping center and surrounding area as
conditioned through the Minor Conditional Use Permit.
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