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HomeMy WebLinkAboutRES 2006-411 CITY COUNCIL RESOLUTION NO. 2006- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING A MODIFICATION TO CONDITION NO. 5.A(3) OF CITY COUNCIL RESOLUTION NO. 2005-60 APPROVING CONDITIONAL USE PERMIT NO. 2004-01 (Country Hills Shopping Center) A. RECITALS 1. The applicant, Michael McCarthy of Country Hills DB, LLC, filed an application for a Modification to Condition No. 5.A(3) of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01. The subject request to modify the conditions of approval of City Council Resolution No. 2005-60 shall hereinafter be referred to as the "Application." 2. On March 17, 2006, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. At the public hearing of March 28, 2006, the Planning Commission of the City of Diamond Bar reviewed the Application, received public testimony and concluded the hearing, and recommended approval of the Application. 4. On April 7, 2006, public hearing notices were mailed to approximately 332 property owners within the 700 -foot radius of the project site. On April 7, 2006, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing of this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. The April 18 the hearing was continued to May 2, 2006, when the City Council of the City of Diamond Bar conducted duly noticed public hearings, received public testimony, including testimony from the applicant, and concluded the public hearing regarding the Application. 2006-41 5. The April 18 the hearing was continued to May 2, 2006, when the City Council of the City of Diamond Bar conducted duly noticed public hearings, received public testimony, including testimony from the applicant, and concluded the public hearing regarding the Application. 6. On May 2, 2006, the City Council of the City of Diamond Bar directed staff to prepare a resolution denying the request to modify Condition of Approval No. 5.A.(3) of Resolution No. 2005-60. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above referenced meeting on April 18 and May 2, 2006, including written and oral staff reports, this City Council hereby specifically finds as follows: (a) The proposed modification to City Council Condition No. 5.A(3) would result in a change in the timing of the project construction schedule, but would otherwise not the change the use as approved by City Council Resolution 2005-60. However, the City Council determines that the proposed changes conflict with existing uses on the site such that on-site pedestrian and vehicle traffic would be negatively impacted. These impacts have not been adequately mitigated by the applicant. (b) The proposed modification to City Council Condition No. 5.A(3) would result in a change in the timing of the project construction schedule that is inconsistent with the General Plan. General Plan Land Use Objective 3.2 states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design." The proposed change conflicts with this objective in that it would create additional conflicts between shoppers and construction activities lH 2006-41 1 because construction traffic and activities would be intensified on the site. (c) The proposed modification would result in a change in the timing of the project construction schedule that will intensify construction traffic and activities that would create conflicts with pedestrian use of the site. Therefore, granting the modification would have a negative impact during construction activities that would affect use of the site by pedestrians. The applicant has not provided sufficient proof that the impacts would be mitigated. Further, granting the modification would have a negative impact on the operation of the existing businesses because of increased construction activities. In accordance with the foregoing, the proposed modification would be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (d) Further, retention of the originally approved sequence of construction, which was accepted by the applicant, is the most logical phasing of project construction and most likely to assure successful completion of the project as originally approved. (e) The applicant failed to present any evidence of changed circumstances to justify modification to the original conditions of approval relative to the sequence of construction. 3. Based on the fundings and conclusions set forth above, the City Council hereby denies the request to modify Condition No. 5.A(3) of City Council Resolution No.2005-60. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. 5 2006--41 PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 16th day of May 2006, by the following vote: AYES: Council Members: Chang, Tanaka, Tye, M/Herrera NOES: Council Members: none ABSENT: Council Members: MPT/ Zirbes ABSTAIN: Council Members: None Tom ye Cribbins, City Cleric City of Diamond Bar 6 2006--41