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HomeMy WebLinkAboutPC 92-10RESOLUTION NO. 92-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA DENYING DEVELOPMENT REVIEW 92-1 FOR THE CONSTRUCTION OF A TWO FLOOR OFFICE BUILDING WITH UNDERGROUND PARKING, IN A CM SONE, LOCATED AT 23475 SUNSET CROSSING ROAD, DIAMOND BAR AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Fred and Norma Janz, 2683 Shady Ridge, Diamond Bar, California, have heretofore filed an application for approval of Development Review 92-1 as described in the title of this Resolution. Hereinafter in this Resolution referred to as "the Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said_ date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, 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, as amended, contains the r- Development Code of the County of Los Angeles now currently applicable to development applications, in- cluding the subject Application, within the City of Diamond Bar. (iii) Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of California Government Code Section 65360. (iv) On February 24, 1992, the Planning Commission of the City of Diamond Bar opened a duly noticed public hearing on the Application, continued such hearing with the concent of and at the request'of the applicant and concluded said public hearing at a regularly scheduled meeting on March 23, 1992. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: i 1. In all respects as set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the substantial evidence presented to this Commission during the above -referenced public hearing on February 24, 1992, continued to and concluded'on March 23, 1992, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360, this Commission hereby specifically finds as follows: (a) The subject property is located at 23475 Sunset Crossing Road, Diamond Bar, California and is located in the Zone CM (Commercial Manufacturing). (b) The applicant's request is for aproval of a Development Review application to construct a two floor office building with underground parking. (c) The surrounding properties are developed with single family residences to the east, a three story office building to the north, residential condominiums and a swim and racquet club to the south, and a health club to the west. (d) The subject property is currently developed with a three story office building, the Great Western Bank, parking and landscaped areas, and open space vacant areas. (e) The proposed project will establish a two floor office building, with underground parking. Retail commercial uses excluding medical service provider tenants, are proposed for the building. (f) The subject property fronts on and may take access from both Diamond Bar Blvd. and Sunset Crossing Road. The existing development takes access from Diamond Bar Blvd. The existing utilities on-site are sufficient in capacity to accommodate the proposed project. (g) Residential properties - located adjacent to the easterly boundary of the subject property are located at elevations above the subject property's grade. The difference in grade results in the residentially developed parcels views to overlook the subject property. (h) The application as submitted would contradict the goals and objectives of the proposed General Plan and would promote detrimental conditions to the persons and properties in the immediate vicinity of the site insofar as it will over -expand retail/ commercial 11 uses in an area presently developed primarily by residential and lower intensity commercial/recreational I uses. The proposed design, orientation and scale of the s building will unreasonably impact the surrounding uses. (i) The application, if approved, would create an unsuitable scope and scale development that will be detrimental to the public health, safety and welfare, and mentally injurious to the properties or improvements in the vicinity. 3. Based upon the substantial evidence presented to this Planning Commission during the above - referenced public hearing, and upon the specific findings of fact as set forth above, this Planning Commission hereby finds and concludes as follows: (a) The design and layout of the proposed development is not consistent with the applicable elements of the proposed General Plan; (b) The design and layout of the proposed development will unreasonably interfere with the use and enjoyment of existing developments and uses, and foreseeabley will create traffic or pedestrian hazards. (c) The architectural design of the proposed development is not compatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated. (d) The design of the proposed development would not provide a desirable environment for its occupants and visiting public as well as its neighbors and will be aesthetically unappealing. (e) The proposed development will be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. 4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application described herein. 5. The Planning Commission Secretary shall: (a) Certify to the adoption of this �:- Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to the Fred Janz at the address as set forth on the Application. - - ��-----T------ IUI --= �, ,. . r_ -_. 1 1111471- APPROVED AND ADOPTED THIS THE 23RD DAY OF MARCH, 1992 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. AF BY: JAi4'z Grothe, ChaTri'man ATTEST James DeStefano,!, Secretary I IF James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, 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 23rd day of March, 1992, by the following vote -to - wit: AYES: [COMMISSIONERS:] Grothe, L i Flamenbaum NOES: [COMMISSIONERS:] ABSTAINED: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Meyer MacBride I I A