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HomeMy WebLinkAbout02/25/1997PLANNING COMMISSION 3 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner Mike Goldenberg Joe Ruzicka Franklin Fong Joe McManus Don Schad Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. NA A&LWACENDABED Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same. rolow Tuesday, ,, February Next Resolution No. 97-3 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary) There is a five minute maximum time limit when addressing the Planniniz Commission. 3. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 3.1 Minutes of February 11, 1997 4. OLD BUSINESS: None 5. NEW BUSINESS: None 6. PUBLIC HEARING: 6.1 Conditional Use Permit 96-10 and Development Review 96-9 is a request for the co - location of an unmanned, wireless telecommunications transmission facilities by two service providers consisting of antennas to be located on a proposed barn and equipment cabinets to be located within the barn and also next to the barn behind a fenced enclosure. This proposal also includes an amendment to Tract Map 42584, removing an easement from said Map restricting vehicle ingress and egress to Armitos Place. 1 0 Project Address: 24401 Darrin Drive (northwest corner Darrin Dr. and Armitos Pl) Applicants: Cox California PCS, Inc. 18200 Von Karman Avenue, Suite 100, Irvine, CA 92612 and Pacific Bell Mobile Services, 5959 W. Century Blvd. Los Angeles, CA 90015 Property Owners: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765 Environmental Determination: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project Categorically Exempt pursuant to Section 15303(e) RECOMMENDATION: Pursuant to applicant's request, staff recommends that Conditional Use Permit No. 96-10 and Development Review No. 96-9 be continued to March 25, 1997. 6.2 Development Review No. 97-1 is a request (Pursuant to Code Section 22.72.010 and 22.72.020(4) to convert an existing Unocal service station to an unattended retail gas station, although the existing serviceobays will remain in operation. The fueling function of the facility will be operated completely without attendant participation similar to commercial "cardlock" type facilities. The site will be monitored bya "host site" available to assist customers audibly via an intercom and visually via security camera, which will monitor all functions, 24 hours per day, 7 days per week. Project Address: . 2875 Diamond Bar Blvd., (Northwest corner Diamond Bar Blvd. & Cold Springs Lane) Applicant: Tait & Associates, Inc:., 1100 Town and Country Road #1200, Orange, CA 92868 Property Owner: Diamond Bar Plaza, 954 Schumacher Drive, Los Angeles, CA 90048 Environmental Determination: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt pursuant to Section 15303. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 97-1, Findings of Fact and conditions as listed within the attached resolution. 7. PLANNING COMMISSION ITEMS: 8. INFORMATIONAL ITEMS: 8.1 Town Hall Meeting Update 9. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL - March 4, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive TRAFFIC & TRANSPORTATION COMMISSION - March 13, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. PARKS & RECREATION COMMISSION - February 27,1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. TOWN HALL MEETING - March 15 or March 22, 1997 - 9:00 a.m. - 12:00 noon, at Heritage Park, 2900 Brea Canyon Road. Topic: Development Code PLANNER'S INSTITUTE - Wednesday - Friday, March 12-14, 1997 at Monterey Conference Center, Monterey, California 10. ADJOURNMENT: Tuesday, March 11, 1997 3 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING RTHE Y 1 OF PLANN ING COMMISSION FEBRUCALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:05 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by VC/Ruzicka. ROLL CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, and Commissioners, Fong, McManus and Schad. Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson, and Assistant Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of January 28, 1997. VC/Ruzicka made a motion, seconded by C/Schad, to approve the of., January _ 28_,__.1997 as -presented. The _motion._carried_._ 4-0-1 with C/Fong abstaining. OLD BUSINESS - None NEW BUSINESS: 1. Planned Sign Program 97-1, a request to install a new free- standing monument sign. Project Location: 23300 Golden Springs Drive, Diamond Bar Project Owner/ Mt. Calvary Lutheran Church, 23300 Applicant Golden Springs Drive, Diamond Bar, CA AstP/Lungu presented the staff report. Staff recommends that the Planning Commission approve Planned Sign Program 97-1, Findings of Fact and conditions as listed within the resolution. Chair/Goldenberg suggested the size of the address portion of the sign be increased for safety purposes. AstP/Lungu responded to C/Fong that the City's Public Works Department reviewed the proposal and determined that the sign placement will not impede the clear line -of -sight. The sign will be placed five feet back from the swale and behind the sidewalk. Its placement in this location will not present a FEBRUARY 11, 1997 PAGE 2 PLANNING COMMISSION hazard to vehicles traveling Golden Springs Drive or entering and exiting the project site. VC/Ruzicka moved, C/McManus seconded, and carried 5-0 to approve Planned Sign Program 97-1, Findings of Fact and conditions as listed within the resolution. PUBLIC HEARING - None PLANNING COMMISSION ITEMS: C/Schad asked the Commission, staff and public to observe a moment of silence in honor of Parks and Recreation Commissioner and community activist Oscar Law. INFORMATIONAL ITEMS: CDD/DeStefano stated the Traffic and Transportation Commission will review the Planning Commission's request for consideration of a Traffic Study for the median break area on Diamond Bar Boulevard between the adjacent Diamond Bar Towne Centers at its February 13, 1997 meeting. The recommendation requests that the shopping centers participate in the study's cost. CDD/DeStefano_ introduced _Planning _Technician Susan Cole CDD/DeStefano recommended that VC/Ruzicka contact the City's Building Department regarding Traffic Study recommendations. Chair/Goldenberg referred the Commissioners to a letter from Douglas and Mary Yuen referencing Conditional use Permit.96-10 and Development Review 96-9. ADJOURNMENT: At 7:20 p.m., there being no further business to come before the Planning Commission, Chair/Goldenberg adjourned the meeting in honor of Oscar Law. The next regular Planning Commission Meeting is scheduled for February 28, 1997. Respectfully Submitted, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman TO: CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM CHAIRMAN AND PLANNING COMMISSIONERS FROM: JAMES DESTEFANO, COMMUNITY DIRECTOR SUBJECT: CUP 96-10 AND DR 96-9 DATE: FEBRUARY 20, 1997 The applicant is requesting that the Planning Commission continue Conditional Use Permit 96-10 and Development Review 96-9, to the meeting of March 11, 1997 (see attached letter). Pursuant to Code Section 22.20.100, CUP 96-10 and DR 96-9 is a request for the co -location of an unmanned, wireless telecommunication facility by two service providers, on a proposed barn located at 24401 Darrin Drive. Staff's concerns regarding 'the project are related to the aesthetics of the proposedbarn-,--, and --not, the rtechnology associated _ - with-.,,- the--,- telecommunications facility. Staff is of the opinion that the proposed 1,500 square foot barn is not compatible in size or design with the existing residence or the homes in the surrounding neighborhood, which are generally of a similar size and style. Staff has communicated these concerns to the applicant. The applicant is therefore requesting a continuance to submit materials for an alternative design which will be more aesthetically compatible with the subject site and the existing neighborhood. Additional time would be required to provide staff the opportunity to review the applicant's resubmittal and prepare the appropriate analysis and recommendation to the Commission. RECOMMENDATION: It is recommended that CUP 96-10 and DR 96-9 be continued to March 25, 1997. attachment t . F^�•,1.� # KEI H .IIo1TE Id 1 PI L, I1*1, 0 , �3l [iC!DkIN GD L�` R Inland Empire Division *97 . FEB 20 P 1 ' A .--February 20, 1997 Cathy.7ohnson City of Namond Bar Subject: CUP 96710/DR 96-09 Dear Cathy:: On behalf of Cox Communications and Pacific Bell Mobile Services, I would like to request a two -week continuance for our joint telecommunication site proposed on Darrin Drive, which is scheduled to be heard by the.Plaitning commission on February 25. This will give us time to, submit materials .supporting the .oziginal "hillside" design option which appears to be more • "barn" . compatible with neighborhood concerns than the current design. Ad' Madrid, the project manager with JM Consulting (representing Cox) concurs with this. request. ,A,s we discussed, the hillside design would be fully landscaped to have minimal visibility from AArmitos Place and the 60 freeway. Representatives from both carriers will be present on the 25th to ariswer questions • F �,G, ,°�,,, -about either design. Thank you for your -attention to this request.' ' carom alu4vr•M . ; SincerelyPnAIC Pwa��r�xs • Gv«ual R99CwCPs �enx PBMS Project Manager (909)653.0234 FAX (909) 653.5309 22590 C3Mt Avenue. Suile 300 "MorenoValley.'CA 92553 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 6.2 REPORT DATE: February 18, 1997 MEETING DATE: February 25, 1997 CASE/FILE NUMBER: Development Review 97-1 APPLICATION REQUEST: A request to convert an existing Unocal service station to a facility with unattended fueling pumps. PROPERTY LOCATION: 2875 Diamond Bar Blvd. (northwest corner of Diamond Bar Blvd. and Cold Springs Lane). APPLICANT: Tait and Associates, Inc. 1100 Town and Country Rd #1200 Orange, CA 92868 PROPERTY OWNER: Diamond Bar Plaza 954 Schumacher Dr. Los Angeles, CA 90048 BACKGROUND: The applicant, Tait and Associates Inc. and the applicant's agent John Murphy are requesting Development Review for the conversion of an existing Unocal service station to an unattended retail gas station. 1 The fueling function of the facility will be operated completely without attendant participation similar to commercial "cardlock" type facilities. The service bays will remain in operation. The General Plan designation for this site is General Commercial (CG) and is located in the Restricted Business (C-1) zone. Automobile service stations are permitted by right within the C-1 zone pursuant to the Planning and Zoning Code Section 22.28.080. The land uses surrounding the subject site include the Country Hills Town Center to the north (Bank of America), single family residential development to the south, multi -family residential development to the east and the Country Hills Town Center (daycare center) to the west. The proposed project is subject to Development Review pursuant to the Planning and Zoning Code Section 22.72.020(4), which requires Development Review for projects "involving a substantial change or intensification of land use." It has been determined that a change from an attended to an unattended fueling facility constitutes a "substantial change." APPLICATION ANALYSIS: The subject site is located at the northwest corner of Diamond Bar Boulevard and Cold Spring Lane. It is directly adjacent to, but not a part of the Country Hills Towne Center. The existing facility was completed in 1966 under the jurisdiction of the County. The existing service station consists of two pump islands with two pumps each under a single canopy, located on the east side of the building adjacent to Diamond Bar Boulevard. Along the southerly side of the building is a propane fueling tank, which was approved under a separate permit in 1991. Parking for the site is provided along the northerly property boundary, although the parking is not striped. Access to the site is from four, two-way drive aisles, two on Cold Spring Lane and two on Diamond Bar Boulevard. The service station building currently contains an office with a cash window, and two service bays. The service bays open out on to .the rear of the site. There is no mini -mart within the building. Also on the site are two freestanding, portable storage . containers. One is located adjacent to the northerly side of the building and the other is located adjacent to the rear property line. While the project is described as "unattended," this refers only to the fueling function of the service station. The service bays will remain open as part of the vehicle repair service which will continue to be provided. The hours of operation for the repair service will be 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. on the weekends. The conversion of the station will consist of retrofitting the existing pay -at -the pump stations to accept cash. The pump stoppers will explain the credit card or cash payment features (no change will be given) and fuel receipts will be given which include a phone number to call with problems. Unocal employees will be on the site for the first two weeks of operation to explain how the new cash acceptors work. The fuel dispensers will be modified to limit any single fueling transaction to 25 gallons. There will be no other architectural or site changes. The site will be monitored visually 24 hours a day, seven days a week via security cameras from a host site located -in the City of Industry. Assistance will also be available to customers through an intercom connected to the host site. Unocal employees will visit the site daily for maintenance purposes and every island will be provided with a trash can, squeegees and paper towels. Restrooms will be available only when the service bays are in operation. In addition to the security cameras proposed, additional security measures will include the installation of a telephone for public use which will be limited to "call out" only and the installation of new upgraded lighting. Unocal will retain an armed security company to collect and dispense cash every day at the site. Further, Unocal will lock and secure all facilities during unattended hours. ISSUES Local Facilities The proposed unattended facility is the first proposal of this type within the City. Further, according to Unocal this is the first unattended site that Unocal is proposing within the California region. Diamond Bar was selected because of its proximity to the host site in the City of Industry. According to the applicant there are other 3 unattended facilities in California, Colodrado, Washington and Texas, although they are not Unocal facilities. Staff conducted a survey of ten local cities to find out if there are other facilities of this type and other jurisdiction's approval process, local development standards and any concerns associated with these types of facilities. It was found that generally, there are no other facilities of this nature either existing or proposed within the region. The one exception was a commercial card -lock facility in Pomona. The proposed facility is similar in nature to existing pay -at -the -pump stations and also similar to unattended bank ATM machines. The City does not have specific development standards for service stations which are permitted by right in all commercial and industrial zones or ATM machines. Security Because the facility is unattended the primary issue is security. In order to insure that this issue will be adequately addressed, a copy of the plans and proposal were transmitted to the L.A. County Sheriff's Department for review. The only comment received was regarding minimum requirements for site illumination which are included as a condition of approval. Further, staff had an additional informal discussion with the Sheriff's Department and no significant concerns were expressed. Based upon the Sheriff Department's review, it has been determined that the security measures proposed are adequate to address the security concerns of the site. However, because of the unique and untried nature of the proposed use, staff recommends a condition of approval be included requiring that one year from the date of project approval, this proposal be brought back to the Commission. A status report will be presented describing the facilty's sucess during its initial months of operation. At that time the staff and Commission can apply additional conditions or modify the project as deemed necessary to improve the security or facility operations. 4 Existing Site Conditions There are two portable, freestanding storage sheds located on the site, one adjacent to the north side of the service station building and one at the rear property line. It appears that the one next to the station is being utilized as a workshop. There is no record of building permits being obtained for these structures. Therefore, a condition of approval has been included requiring the applicant to either obtain the necessary permits and approvals or to remove the structures prior to final inspection. The area adjacent to the northerly property line is being currently utilized for parking, although the spaces aren't striped. There are no specific parking standards in the Code for this type of facility or repair garages. However, the Planning and Zoning Code Sec. 22.52.1220 allows the Planning Director to require the number of parking spaces deemed necessary to prevent traffic congestion and excessive on -street parking. Based upon this provision, a condition of approval has been included requiring the applicant to stripe the parking lot and provide a minimum of 7 parking spaces. This has been determined based on the number of repair garage employees (3), the number of service bays (2), Unocal employees (1) visiting the site regularly and Code required handicapped spaces (1). rnnducinn- The applicant is proposing the conversion of an existing service station to a facility with unattended fueling services. Service stations are permitted uses within the C-1 zone. The primary concerns for the unattended facility are safety and security. Staff believes these issues will be adequately addressed through the measures proposed in the project description and shown on the site plan. The Sheriff's Department has also reviewed the proposal and has determined that these measures are adequate. Further, as a condition of approval staff is requiring that the applicant submit a status report one year from the date of project approval. This will allow the staff and the Commission to evaluate the success of this facility and apply any additional conditions deemed necessary to enhance security or improve other operational features. Staff believes that the project as conditioned will provide a safe and convenient alternative to conventional service stations. 5 ENVIRONMENTAL ASSESSMENT: Pursuant to the terms of the California Environmental Quality Act (CEQA), the City has determined that this project will have no significant impact on the environment and has been determined to be Categorically Exempt from the provisions of CEQA, pursuant to Section 15303. PUBLIC NOTIFICATION The application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on February 14, 1997 and all property owners (26) within a 300 foot radius were mailed notices of the public hearing on February 14, 1997. RECOMMENDATIONS: The staff recommends that the Planning Commission approve Development Review 97-1 subject to the Conditions of Approval contained within Planning Commission Resolution 97-XX. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed project is consistent with the applicable elements of the City's general plan, design guideline of the appropriate district, and any adopted architectural criteria for the specialized area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 2. Approval of the design and layout of the proposed project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's General Plan; 3. The architectural design of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; 4. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its C. neighbors through good aesthetic use of material texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 5. 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. PREPARED BY: Catherine Johnson, Senior Planner ATTACHMENTS: Application Plans Draft Resolution of Approval for Development Review 97-1 7 SEMI, BY41165 1- -�"� 6:16 Mal; ones i�fc.?� CIx'7i OF DfAMM HAR VolCcbmVKaX 1%V83.QYtmm WA1L'rJrtM 9i66o w Cflgbdw Wim %O , 009)ts"ll Val tvo9 NOWIL7 DZV=YVD t jmVMw AICAT115N low Pww Nteks DiasDiaMPd. Bar Plaza WimtAng �id4twt954 Scsionacher. ,Dr. 1,,pg AnneLea. �+ . ilp 90 8 Apt . t �; �1�se�iates, .lnc. 1100 Town b Countrlt Rd., Orange. CA -i14 N4114 L Dtt6O' Hots o q rftw w�a as , /7 � Mu r ph J� Ir� 'GA AheMl7 14 N4't8: !cis tl+o �ppliemt't r+rs+oau��.iryQt C�Is tnutte Ccmm�iy Aewtep�t�t>Str�.� •�� et wy �asr ad t;» Dt{rdpli+ Isvolvad dpnol tip proet.>s�{ (Arreb V,aprite sttbol, if t1NattIfi, iXlr,d(nj1104'140Of"l, and si jnslrfK o1aHMYaM olpuv�Rsh4p,, jp4ptimlu,wt, W o1+Me®n of orttot.�iamJ (;ensran 1 cart�/y tAa o r of the hefefa darcribrd Fropcnry .� p� �� alP�� ro,/tt. U,rr rigalY la�Ll January 6._ 1997 - w � a�M1 David Zerrier, 'General Partner DTAi•1QND BAR MIMAr c.rnRsrMaa: % /fia vKdarrfpnrt� himbY aritb WIPPOhAIJ alpiduri Ow Orrivon"mor hadil Irswed tr corrsd to At Ild / mA Axorkdlf. PrintNiaoe Jvhn Murphy (ANUaim oe Aacni) Dta .lan G, .1297 Loahoe 2R75. Diamond gar 5 (ea.0 aadr•w oa JNCI ind IN mm" loalak C-2 jityit i No___3, �?a rtgriou firma li.A, pfrw tumb(Alts Retail automotive service ate ion 1�ts�rplkdle, Ot1Y2r iQ to unattended retail fuel station. �o ett descti L1 ,Aga d"0'riptioc (all owl lip comprising the proposod lot(a)/parcol(s)) w . "See attached -Title Re orts" Area devoted to structures 1, '-.) 0 s . f .. (existing) Uzdscapin1/OP= 5p= N . A. Project Size N . A. Lot Coverage ' 2 , 44 7 s . f . proposed density. N . A. Style of Architecture W . A. Number of Floors Proposed -N/A (ex i s t i. n Q) Slope of Roof N . A. Oradinfi NIA If yes, Quantity N . A. Gtitt NIA Pill N/A Import N/A If yes, Quantity N.A. Export N/A If yes, Quantity N.A. PROJECT DESCRIPTION UNOCAL 2875 DIAMOND BAR BOULEVARD/COLD SPRING LANE Unocal intends to convert the existing service station to an "unattended" retail fuel dispensing facility. The facility will be operated completely without attendant participation similar to commercial "cardlock" type facilities. CHARACTERISTICS • Pump stoppers will explain the two payment methods (credit card or cash) and emphasize that there is no change given for cash transactions. • Fuel receipts will give phone number to call with problems. • Every island will have trash cans, squeegees and paper towels. • Unocal employees will visit the site daily for maintenance purposes. • Unocal will retain an armed security company to dispense the cash every day at the site. • Unocal will have employees on site for the first two weeks to explain how the cash acceptors work. • If customer needs change or assistance personnel at the Unocal "host site" will be available to assist customers audibly via an intercom and visually via security cameras. The host site will be located at 1696 Azusa Avenue within the City of Industry. The host site will monitor all functions 24 hours per day, 7 days per week. • Restrooms will be available only when the existing service bays are in operation. The hours of operation for the service bays are 8:00 a.m. to 6:00 p.m. seven days a week. • Unocal will lock and secure all facilities during unattended hours. SAFETY FEATURES AND GENERAL IMPROVEMENTS FOR SITE • Install telephone for public use which shall be limited to "call out" only. • Install new fluorescent fixtures under roof eave on northeast elevation. • Install lighting contactors for photocell control of canopy, yard and building eave lights and signs. • Install photocell controller on canopy roof. • Install photocell control test switch. • Install new metal halide light fixtures (to replace existing flourescents) under canopy. • Upgrade existing tank monitor system for remote alarm notification. • Install fax/modem and connect to existing phone line. • Retrofit cash acceptor for existing dispensers. • Remove and relocate existing dispenser controller and I.C. box to host site. • Modify or program dispenser controls to limit any single transaction to 25 gallons in addition to the hose breakaways already installed. • Install security video cameras as required and located as shown on the plans submitted to the city. • Existing emergency shut-off switch and sign to remain. Emergency shut-off switch to be re-settable from host site. • Install 2-A, 20-B-C fire extinguisher in cabinet. • Install and retrofit cash accepter for the four existing dispensers. • Maintain the existing signs at the site. • Operator will be responsible for the daily site visits, regular equipment inspection and maintenance, conspicuously posted instructions for the safe operation of the dispensing equipment and posted telephone number of the operators. PLANNING COMMISSION RESOLUTION NO. 97-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 97-1, A REQUEST TO CONVERT AN EXISTING SERVICE STATION TO A FACILITY WITH UNATTENDED FUELING PUMPS LOCATED AT 2875 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant, Tait and Associates Inc., and the applicant's agent, John Murphy have filed an application for Development Review No. 97-1 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized -municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on February 25, 1997 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on February 14, 1997. 26 property owners within a 300 foot radius of the project site were notified by mail on February 14, 1997. 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, 1 Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15303 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 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) The project relates to a 17,424 square foot developed parcel, located at 2875 Diamond Bar Boulevard. (b) The project site has a General Plan land use designation of General Commercial (CG). It is within the Restricted Business, (C-1) zone. (c) Generally, the following zones and uses surround the project site: to the north is the C-1 zone and the Country Hills Towne Center, to the south is single family residential development and the R-1-7, 500 zone, to the east is multi -family residential development and the RPD zone and to the west is .the C-1 zone and the Country Hills Towne Center. (d) The proposed project is a request to convert an existing service station into a station with unattended fueling pumps. (e) The design and layout of the proposed development review is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district and any adopted architectural criteria for specialized areas, such as designated historic districts, theme areas, specific plans, community plans, boulevards or planned E developments. The proposed project does not alter the service station's existing architectural style or expand any building footprint. The proposed conversion will primarily involve retrofitting the pumping stations. The proposed conversion will provide a convenient and quick method of obtaining gas for the residents of the community. (f) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed service station is within the Restricted Business C-1 zone which permits automobile service stations by right. This is an existing service station which was designed to accommodate the traffic requirements of a service station. It is not anticipated that converting the fueling function to unattended service will generate additional traffic on this site. Further, it may expedite any wait at the pumps since customers can no longer walk to the office to pay cash or receive change. The existing service bays will remain in operation. There is adequate room for parking to accommodate this use on the site. Further, a condition of approval has been included requiring the applicant stripe the existing area utilized for parking to insure that there are adequate parking spaces designated to serve this use. (g) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of the Development Review Ordinance No. 5 (1990) and the City's General Plan. The service station was originally constructed in 1966 when Diamond Bar was under the jurisdiction of the County and has been a fixture within this area ever since. Throughout the years the site has been adequately maintained and the facility has been kept in good repair. The proposed conversion will not alter the design of the service station. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its 3 neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The originally constructed design of the service station will not be altered by the proposed conversion. The conversion will involve upgrading the lighting on the site for security purposes giving the site a brighter appearance but this will not alter the overall appearance of the site or impact surrounding neighbors. (i) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious 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 of the approved resolution and the Building and Safety Division, Public Works Department, Fire Department and L.A. County Sheriff. The referenced agencies' involvement will ensure that the proposed conversion to an unattended facility is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "A" dated February 25, 1997, as submitted and approved by the Planning Commission. (b) 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 granted 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 utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all State, C-1 Zone, Public Works Department and Building and 4 Safety Division requirements. (d) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days of approval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check, payable to the County of Los Angeles, of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a de minimis 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. (g) Within 30 days of this grant's approval, the applicant shall submit plans showing the location of the security cameras with an attached analysis and recommendation of a qualified security consultant. These plans shall be reviewed and approved by the Planning Division prior to the issuance of any City permits. (h) Within one year from the date of approval of this project, the applicant shall present staff with an update on the status on the operations of the unattended facility. At that time staff will reevaluate this project and if necessary apply additional conditions or modify the project as deemed necessary to improved security or operation of the facility subject to Planning Commission approval. (i) The hours of operation of the service bays shall be 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. on weekends. 5 During the hours that the service bays are open the restroom facilities shall also be open. During unattended hours Unocal shall ensure that all buildings are locked and secured. (j) Every pump island shall be maintained shall be maintained and supplied with trash cans, squeegees and paper towels at all times. (k) Within 30 days of the grants approval lighting plans shall be submited showed the location of new lighting and including technical information demonstrating that in compliance with the L.A. Country Sheriff's Department's requirements the adequate lighting is provided at lumen per square foot. Further, any on site lighting shall not impact surrounding residential or commercial properties. The lighting plans shall be reviewed and approved by the Planning Division prior to issuance of any City permits. (1) The site and all operational functions shall be monitored by the "host site" via security cameras and intercom-24 hours -a day seven days a week. (m) The a minimum of 7 parking spaces shall be provided along the northerly property boundary prior to final inspection. The parking spaces shall be installed in compliance with the provisions of the Planning and Zoning Code Chapter 22.52. Striping plans shall be reviewed and approved by the Planning Division prior to issuance of any City permits. (n) Prior to the issuance of City permits, the two freestanding storage structures on the site shall either be removed, building permits shall be obtained. subject to Planning Division and Building and Safety approval. (o) Plans shall conform to State and local building codes (i.e. 1994 editions of the Uniform Building Code, Plumbing Code, Mechanical Code, and 1993 edition of the National Electrical Code) as well as the State Energy Code. (p) The submitted plans shall meet all B-2 occupancy requirements. (q) The plans for any new construction shall be engineered to meet wind loads of 80 m.p.h. with an exposure II C . 11 (r) Plans shall be submitted showing existing parking to determine handicap parking needs. All new handicapped parking shall comply to new State Handicapped Accesible Regulations. (1) show compliance for van parking. (2) provide shortest route to accessible entrances. (s) The existing restroom shall meet current accessibility requirements. The restroom access doors shall be clearly marked with symbols. (t) All ramps shall be handicapped Accesible. (u) Any signs shall be permitted separately. (v) The plans shall be reviewed and approved by the L.A. County Fire Department including off -site fire flow requirements which shall be a minimum of 2,000 G.P.M. @ 20 P.S.I. 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 Tait and Associates, Inc. 1100 Town and Country Road #1200, Orange, CA 92868 and John Murphy 7 Capobella, Irvine, CA 92614. APPROVED AND ADOPTED this 25TH DAY OF FEBRUARY, 1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Mike Goldenberg, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25TH day of February 1997, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary 7 .O Pax: (714) 489 9006 Voice: (714) 489-8191 To: Cathy JoMwa at: City or lliamona Baz Pao 4 of a Nday. January 10. 1997 307:59 AM CITY OF DIAMOND BAR Comprehensive Development Code List of Potential Discussion Topics for Town Hall Meeting (Preliminary list January 10,1997) A. Hillside development - slope/density formula B. Tree preservation C. Density ranges for residential development - GP has no minimum densities D. Parking and access for existing uses E. Signs F. Home -based businesses/home occupations G. Development review and approval process - thresholds of review (Director, Hearing Officer, Commission) H. Zoning Clearance - business license I Public notice requirements J. Nonconforming uses and structures, continuance of, M CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JAMES DESTEFANO, COMMUNITY DEVELOPM DIRECTOR SUBJECT: TOWN HALL MEETING UPDATE DATE: FEBRUARY 20, 1997 The purpose of this memorandum is to finalize the attached list of topics for the upcoming Town Hall Meeting and to confirm the Planning Commission's availability for either March 15 or March 22, 1997. Also attached for your information is a copy of the ad which will appear in the March issue of the Windmill announcing the Town Hall Meeting. The March issue will be delivered to residents on March 8, 1997. attachment n Hosted by: Diamond Bar City Council Diamond Bar Planning Commission Saturday • March 9 9:00 am —12:00 noon Heritage Park Community Center 2900 Brea Canyon Road, Diamond Bar NEEThe topic of discussion will be the City of Diamond Bar's new DeveloM, ­ I Ipment ,Coale......,.. As an integral component of the City's General Plan, the Development Code will establish future zoning and land use requirements, development stan- dards, and subdivision regulations. Residents and business owners are encouraged to f attend this special community meeting, and voice their opinions regarding the new Development Code. Diamond Bar Town Hall Meetings are part of an ongoing series of informative discussions intended to keep citizens in touch with their local government. Community members are encouraged to attend and provide their valuable input.