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HomeMy WebLinkAboutPC 92-11RESOLUTION NO. 92-11 r, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING THE CITY COUNCIL DENY TENTATIVE PARCEL MAP 22986, FOR A TWO (2) LOT SUBDIVISION LOCATED AT 556 N. DIAMOND BAR BLVD., DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Fred Janz, 556 N. Diamond Bar Blvd. #306, Diamond Bar, California, has heretofore filed an application for approval of a Tentative Parcel Map, as described in the title of this Reso- lution. Hereinafter in this Resolution referred to as "the Appli- cation". (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. 14, 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 Development Code of the County of Los Angeles now currently applicable to development applications, including 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 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 consent of and at the request of the applicant, and concluded said public hearing at its 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 Plan- ning Commission of the City of Diamond Bar as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 1 2. Based on the substantial evidence presented to this Planning Commission during the above-referenced.public hearing on February 24, 1992, and continued to and concluded on March 23, 1992, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application pertains to Lots 8 and 9 of tract 28853, consisting of approximately 2.76 acres. The site is located on 23475 Sunset Crossing. The site is currently developed with a three story office building which is accessed from Diamond Bar Blvd. (b) The site is located within Zone CM (Commercial Manufacturing). (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 proposed project is a request to develop a two floor office building, with underground parking, for commercial use. (e) Residential properties located adjacent to the easterly boundary of the subject property are located at elevations above the subject property and currently look down upon the existing office building. 0 (f) 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 vicinity of the site insofar as it would create a lot with a net usable area of approximately .16 acres. The small developable area would be out of character with commercially developed properties in the area of the site. (g) The proposed site is not adequate in size and shape to accommodate the yards, wails, fences, loading facilities, trash enclosures, landscaping and other development features prescribed in the zoning ordinance, and as is otherwise required in order to integrate development with the uses in the surrounding area. (h) The application, if approved, would create a lot which would not be physically suitable for either the type of development or the proposed mass and density of the development. 3. Based on substantial evidence presented to this Planning Commission during the above -referenced public 2 hearing, and upon the specific findings of fact as set forth above, this Planning Commission hereby finds and concludes as follows: (a) The application is not in conformance with the goals and policies of the proposed General Plan and the codes of the City of Diamond Bar. (b) Pursuant to the provisions of California Government Code No. 65360, this Planning Commission hereby finds and determines as follows: (i) The City of Diamond Bar is proceeding in a timely fashion with the preparation of the General Plan. (ii) There is a reasonable probability that the application will be inconsistent with the General Plan proposal being considered or studied. (iii) There is a probability of substantial detriment to or interference with the future adopted General Plan if the application as proposed were approved and determined to ultimately be inconsistent with the General Plan. 4. Based on the findings and conclusions set ® forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends that the City Council deny the application based on the findings presented above. 5. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Transmit this recommendation to the City Clerk for submittal to the City Council. (c) Forthwith transmit a certified copy of this Reso- lution, to Fred Janz at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 23TH DAY OF MARCH, 1992 BY THE PLANNING COMMISSION OF H ITY DIAMOND BAR. BY: Jack Grothe, Chairman _ ATTEST J&fnes DeStefano;, Secretary i 3 I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolu- tion was duly introduced, passed, and adopted by the Planning Com- mission 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, Flamenbaum, Li NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] Meyer ABSENT: [COMMISSIONERS:] MacBride F1 x[ w r r r e 7.. :1.