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Home My WebLink AboutRES 2004-62RESO A RESOLUTION OF ' DIAMOND BAR APPR{ FOR TENTATIVE PARC EXEMPTION IN ORI COMMERCIAL SITE M FUTURE DEVELOPMEI 259 GENTLE SPRINGS DIAMOND BAR, CALIF A. RECITALS. COUNCIL 'ION NO. 2004- sa. HE CITY COUNCIL OF THE CITY OF VING A ONE YEAR EXTENSION OF TIME EL MAP NO. 22987 AND CATEGORICAL ER TO SUBDIVIDE A 5.02 ACRE rO THREE LOTS FOR CURRENT AND T. THE PROJECT SITE IS LOCATED AT -ANE (LOT 1, PARCEL MAP NO. 15547), IRNIA. 1. The property owner/applicant, Purshottam N. Patel of Ratan Hospitality, LLC has filed an application for a one year extension of time for Tentative Parcel Map No. 22987 and categorical exemption for a property located at 259 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject a erasion of time for the Tentative Parcel Map and categorical exemption shall be referred to as the "Application." 2. On September 28, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time, the Planning Commission recommended that City Council approve a one year extension of time via Planning Commission Resolution No. 2004-42. 3. On November 3, 2004, n tification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 28, 2004, public hearing notices were mailed to approximately 189 property On November 2, 2002, the owners .within a 700 -foot radius of the project site. project site was posted with a display board and the public notice was posted in three public places. 4. On November 16, 2004, the City Council conducted and concluded a duly notice public hearing on the Application. B. Resor NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Re olution are true and correct. 1 2004--62 2. The City Council hereby fir ds that the project identified above in this Resolution is categorically exempt pursuant to Section 15315(Ciass 15) of the California Environmental Quality Ac (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The City Council 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 City Council that the project proposed herein will have the potential of an adverse effect on wild life 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 City Council hereby finds as follows: (a) The project site is ap oroximately 5.02 acres and located at 259 Gentle Springs sane (Parcel 1 of Parcel Map No. 15547). The project site is developed with the Best Western Diamond Bar Hotel, a restaurant structure (Scribbles) nd related landscape and parking areas. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is within the Regional Commercial Planned (C-3) Zone. (d) Generally, the following zones and uses surround the project site: to the north is the Orange (57) Freeway; to the south is the Multi -family Residence -15 Units P rAcre (R -3-15U) Zone/condominiums; to the east is the Commercial Planned Development (C P D) Zone; and to the west is the Orange (57)Freeway, the Manufacturing -Development Pian - Billboard Exclusion (M 1 -DP -BE) Zone/self storage facility. (e) The Application reque t is for an approval of a one year extension of time for Tentative Parcel Aap No. 22987, The Planning Commission recommended approv I of this map to City Council on August 27, 2002 via Resolution No. 200 -27. On October 1, 2002, City Council approved the map via Resolution 9o. 2002-73. The approval of the map subdivides an existing commercial Darcel into three commercial lots as follows: Lot 1 will be 1.32 acres anc is developed with a restaurant structure and related landscaping anJ parking area; Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar Hotel and related landscaping, parking a ea and swimming pool; and Lot 3 will be one acre. A development p oject has not been submitted to the City for Lot 3. 2004-_62 (f) There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, or the Development Code applicable to the project since the approval of the Tentative Parcel Map; There have been no changes to the provision of the General Plan, any applicable specific plan, or Subdivision Ordinance. The Development Code and Zoning A4ap have been amended to change the zoning of the project site from Commercial Planned Development (CPD) to Regional Commercial (C-3), effective September 20, 2002. The purpose of the zoning change was to allow a wider variety of land uses in order to enhance and promote economic development opportunities. The zone change is consistent with the General Plan's land use designation of General Commerc 1 for the project site. The project, Tentative Parcel Map No. 22987 is consistent with the zoning designation and the parcel map will not be altered in any way by approving the requested extension of time. Additionall, v, all conditions of approval adopted by City Council via Resolution No. 002-73 will remain in full force and effect. (g) There have been no changes to the character of the site or its surroundings that effect how the policies of the General Plan or other standards of this Tit a (Subdivision Ordinance) or the Development Code apply to the project, and Since the City Council approval of Tentative Parcel Map No. 22987, 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 the Subdivision Ordinance or the Development Code apply to the project. (h) There have been no changes to the capacities of community resources, including but not lim ted 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 Tentative Parcel Map No. 22987, there have been nochanges to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or sc ools so that there is no longer sufficient remaining capacity to serve the project. 5. Based on the findings and c nclusions set forth above, the City Council hereby recommends approves the 4,pplication subject to the following conditions: (a) The project shall su stantially conform to Tentative Parcel Map No. 22987 labeled as E hibit "A" dated October 1, 2002 as submitted, approved by the City Council, and as amended herein. (b) All conditions of approval for Tentative Map No. 22987 approved via City 3 Council Resolution No. 2002-73 shall remain in full force and effect except as amended herein. (c) If applicable, the Water Mitigation City Engineer. (d) This extension of tii (i.e., map shall be r A -one-year extensi+ City in writing at lea; Commission will coi hearing and provide with Section 21.02.( Ordinance. (e) This grant shall not I owner of the proper within fifteen (15) da Bar Community and stating that they are this grant. Further, pays remaining City I of submitted reports. (f) If the Department of Code Section 711.4 applicant shall remit t cashier's check of $2 with Fish and Game not exempt from a filii a deminimis impact of Department of Fish ; Department determin The City Clerk shall: 1cant shall comply with Standard Urban Storm (SUSMP) requirements to the satisfaction of the grant is valid for one year and shall be exercised orded) within that period or this grant shall expire. of time may be approved when submitted to the 60 days prior to the expiration date. The Planning ider the extension request at a duly noticed public recommendation to the City Council in accordance D, Tablet -1 of the City of Diamond Bar Subdivision e effective for any purpose until the permittee and t involved (if other than the permittee) have filed, rs of approval of this grant, at the City of Diamond Development Services Department, their affidavit aware of and agree to accept all the conditions of its grant shall not be effective until the permittee rocessing fees, school fees and fees for the review Fish and Game determines that Fish and Game applies to the approval of this project, then the i the City, within five days of this grant's approval, a i.00 for a documentary handling fee in connection ,ode requirements. Furthermore, if this project is g fee imposed because the project has more than fish and wildlife, the applicant shall also pay to the nd Game any such fee and any fine which the :s to be owed. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a Mr. Purshottam N. F Avenue, Glendora, tified copy of this Resolution, by certified mail, to: 4, Ratan Hospitality, LLC, 1205 W. Sierra Madre 01741-6625. 4 2004--62 APPROVED AND ADOI COUNCIL OF THE CITY OF DIAMOND M Bob Zirbes, Mayor D THIS 16Th OF NOVEMBER 2004, BY THE CITY I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2004 by the following vote: AYES: Council Members: cl ang, Ruff, O'Connor, MPT/Herrera NOES: Council Members: i1/2;irbes ABSENT: Council Members: N ABSTAIN: Council Members: 5 �e6D eca �.-�zfim; inda C. Lowry, City 64rk City of Diaimnd Bar 2004---62