HomeMy WebLinkAboutPC 2017-10PLANNING COMMISSION
RESOLUTION NO. 2017-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL
APPROVE A ONE YEAR EXTENSION OF TIME FOR VESTING
TENTATIVE TRACT MAP NO. 54081 AND RELATED ENTITLEMENTS
FOR A 16 -LOT RESIDENTIAL SUBDIVISION LOCATED DIRECTLY AT
THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, EAST OF
THE SR -57 FREEWAY, BREA CANYON ROAD AND BREA CANYON
FLOOD CONTROL CHANNEL AND NORTH OF THE CITY'S
SOUTHERN BOUNDARY, DIAMOND BAR, CA (ASSESSOR PARCEL
NO. 8714-028-003).
A. RECITALS.
The applicant and property owner, Cathay View Development, LLC, has filed
a request for a one year extension of time for Vesting Tentative Tract Map
No. 54081, a 16 -lot residential subdivision located at the southern terminus of
Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and
Brea Canyon flood control channel and north of the City's southern boundary,
Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution,
the subject extension of time for Vesting Tentative Tract Map shall be referred
to as the "Request."
2. On January 9, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on Vesting Tentative
Tract Map No. 54081, Mitigated Negative Declaration No. 2006-03
(SCH #2006071129), Zone Change No. 2006-02, Planned Development
Overlay District No. 2006-01, Conditional Use Permit No. 2002-18, Variance
No. 2002-02, and Tree Permit No. 2002-14 for a 16 -lot residential subdivision.
Hereinafter in this Resolution, the subject Vesting Tentative Tract Map, Zone
Change, Conditional Use Permit, Variance, and Tree Permit shall be referred
to as the 'Project." At that time, the Planning Commission recommended to
the City Council approval of the application.
3. On February 20, 2007, the Mitigated Negative Declaration No. 2006-03
(SCH #2006071129), completed for Vesting Tentative Tract Map No. 54081,
was adopted by the City Council.
4. On February 20, 2007, Vesting Tentative Tract Map No. 54081 was approved
by the City Council with a three year approval period to file the final map with
the Los Angeles County Recorders Office.
5. On February 20, 2007, Zone Change No. 2006-02, Conditional Use Permit
No. 2002-18, Variance No. 2002-02, and Tree Permit No. 2002-14 were
approved by the City Council to allow the development of Vesting Tentative
Tract Map No. 54081.
6. State Bill 1185 (SB 1185) automatically extended the expiration date on all
existing tentative maps for twelve (12) months past their original expiration
dates.
7. Assembly Bill 333 (AB 333) automatically extended the expiration date on all
existing tentative maps for twenty four (24) months past their original
expiration dates.
8. Assembly Bill 208 (AB 208) automatically extended the expiration date on all
existing tentative maps for twenty four (24) months past their original
expiration dates.
9. Assembly Bill 116 (AB 116) automatically extended the expiration date on all
existing tentative maps for twenty four (24) months past their original
expiration dates.
10. Section 22.66.050 of the Diamond Bar Municipal Code (DBMC) authorizes
the approval of a time extension for Conditional Use Permit No. 2002-18,
Variance No. 2002-02, and Tree Permit No. 2002-14.
11. Subdivision Map Act Section 66452.6 authorizes local agencies to extend the
expiration dates of tentative maps for a period or periods not to exceed ten
(10) years from the original date of approval.
12. Section 21.20.150 of the DBMC authorizes the City Council to grant tentative
map extensions for a maximum total of three years to the initial time limit
granted.
13. On April 14, 2017, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On April 14, 2017, public hearing notices were mailed
to property owners within a 1000 -foot radius of the Project site and public
notices were posted at the City's designated community posting sites. In
addition to the published and mailed notices, the project site was posted with
a display board.
14. On April 25, 2017, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
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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. Mitigated Negative Declaration No. 2006-03 is the environmental document
adopted for the proposed Vesting Tentative Tract Map and related
entitlements. No modifications to the Vesting Tentative Tract Map and
related entitlements are proposed which would trigger additional
environmental review. No further environmental review is required to extend
the tentative map expiration date.
3. Based on the findings and conclusions set forth herein; this Planning
Commission hereby finds as follows:
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 21.20.150, this Planning
Commission hereby finds as follows:
Tentative Map Extension of Time Findings
1. There have been no changes to the provision of the General Plan, any
applicable specific plan, this Title, orthe Development Code applicable to the
project since the approval of the Tentative Tract Map;
There have been no changes to the provision of the General Plan, any
applicable specific plan, or Subdivision Ordinance. The project, Vesting
Tentative Tract Map No. 54081, a 16 -lot residential subdivision, is consistent
with the z oning designation and will not be altered in any way by approving
the requested extension of time and all conditions of approval adopted by
City Council via Resolution Nos. 2007-11 and 2007-12 will remain in full force
and effect.
2. There have been no changes to the character of the site or its surroundings
that affect how the policies of the General Plan or other standards of this
Title (Subdivision Ordinance) or the Development Code apply to the project;
and
3 PC Resolution No. 2017-10
Since the City Council approval of Vesting Tentative Tract Map No. 54081,
there have been no changes to the character of the site or its surroundings
that affect how the policies of the General Plan or other standards of this
Title or the Development Code apply to the project.
3. There have been no changes to the capacities of community resources,
including but not limited to water supply, sewage treatment or disposal
facilities, roads or schools so that there is no longer sufficient remaining
capacity to serve the project.
Since the City Council approval of Vesting Tentative Tract Map No. 54081
there have been no changes to the capacities of community resources,
including but not limited to water supply, sewage treatment or disposal
facilities, roads or schools so that there is no longer sufficient remaining
capacity to serve the project.
Based on the findings and conclusions set forth above and as prescribed under
DBMC Section 21.20.150, this Planning Commission hereby recommends to City
Council the approval of the Application subject to the following conditions:
1. All conditions of approval for Vesting Tentative Tract Map No. 54081 as
approved by City Council Resolution Nos. 2007-11 and 2007-12 shall remain
in full force and effect except as amended herein.
2. All conditions of approval for Conditional Use Permit No. 2002-18, Variance
No. 2002-02, and Tree Permit No. 2002-14 for Vesting Tentative Tract Map
No. 54081 approved by City Council Resolution Nos. 2007-11 and 2007-12
shall remain in full force and effect except as amended herein.
3. This approval shall extend the expiration date of Vesting Tentative Tract Map
No. 54081 to February 20, 2018.
4. At the time of approval of the map extension, grading activities on the Project
site had not commenced. In such an event, Mitigation Measure No. 6 for the
Project requires the applicant to perform anew biological survey to reassess
the presence or absence of protected biological resources on and adjacent
to the site. This condition clarifies that the intent of Mitigation Measure No. 6
is that if the survey finds that such protected biological resources are present
that additional environmental analysis will need to be conducted. This
clarification does not pre -suppose the type of environmental document that
will be required, which determination shall be made based upon the survey
and the possible impacts at the time the survey is completed.
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APPROVED AND ADOPTED THIS 25TH DAY OF APRIL 2017, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
r�
Raymo d Wolfe, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 25th day of April, 2017, by the following vote:
AYES:
Commissioners:
Barlas, Farago, Chair/Wolfe
NOES:
Commissioners:
Mahlke, vC/Nok
ABSENT:
Commissioners:
None
ABSTAIN:
Commissioners:
None
ATTEST:
Greg Gubman,
Secretary
5 TTM 54081 Ext of Time