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Home My WebLink AboutPC 92-15I— RESOLUTION NO. 92-15 t A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 92-001 AND NEGATIVE DECLARATION NO.91-5, AN APPLICATION FOR APPROVAL OF AN EXISTING WROUGHT IRON FENCE WITH BRICK PILASTERS WITHIN THE 20 FOOT FRONT YARD SETBACK OVER THE MAXIMUM ALLOWABLE HEIGHT OF 42 INCHES LOCATED AT 2621 INDIAN CREEK ROAD - LOT 8, TRACT 23483. A. Recitals 1. Jose R. Cortez, has filed an application for a Variance No. 92-1 for a property located at 2621 Indian Creek Road, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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 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. 3. Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, ac- tion was taken on the subject Application, as to consis- tency to the General Plan, pursuant to the terms and provisions of California Government § 65360. 4. The Planning Commission of the City of Diamond Bar, on June 22, 1992 conducted a duly noticed public hearing on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 1 I B. Resolution P tiN" �'11'+NI; NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The 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. The Planning Commission hereby certifies that an Initial Study and Negative Declaration were prepared and which analyze this Applications and that said Initial Study and Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and that the Planning Commission has reviewed and considered the information contained in said Initial Study and Negative Declaration. 3. The Planning Commission hereby specifically finds and determines that, based upon the findings set forth herein, and changes and alterations which have been incorporated into and conditions upon the project specified in the Application, no significant adverse rl, environmental effects will occur. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Notwithstanding the provisions of the paragraph, the applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of fish and Game prior to the issuance of any building permits. 5. Based upon substantial evidence presented to the Planning Commission during the above public hearing and oral testimony provided at the hearing, the Director hereby specifically finds as follows: Yg. 2 IgfY �7-7 } tyryd y¢ . q �y (a) The project relates to a site comprised of 1 approximately 1.4 acres and is developed with a four (4) level single family residence, within the R-1-40,000 zone, on 2621 Indian Creek Road, City of Diamond Bar, California. (b) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use and surrounded by single family residences. FI , (c) The Variance approval will not have an adverse im- pact on adjacent or adjoining residential uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and will not adversely affect the health or welfare of persons residing in the surrounding area. (d) The Variance because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (e) The Variance authorization will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. (f) The strict application of zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. (g) The architectural design of the Variance is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the Development Review Ordinance and the proposed General Plan and would provide a desirable environment for its occupant, visiting public, and neighbors through good aesthetic use of materials, texture and color and will retain a reasonably adequate level of maintenance. (h) Notification of the public hearing for this project has been made. 3 ' 7IM illi i ii i, i'i (i) The subject property shall be maintained and operated in full compliance with the conditions of dkiG'; this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject property. (j) It is hereby declared that and made a condition of ,this permit that if any condition hereof is violated, or if any law, statue, or ordinance is violated, the permit shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5, above, this Commission hereby approves the application subject to the following conditions set forth below in this Resolution, presented to the Planning Commission on June 22, 1992: (a) The granting of this Variance is based on the reasonable probability that the request considered herein will be consistent with the General Plan on the basis of review of the draft General Plan presently under going evaluation by the City. There is little or no probability of substantial detriment to or interference with the finally adopted General Plan if this application is granted and the same is ultimately inconsistent with the Plan because the unique physical circumstances applicable to the subject site, together with the conditions applied hereto, serve to minimize and deleterious impacts which could otherwise arise. Further, this project's demonstrated compliance with all applicable requirements of State law and local ordinance in addition to the referenced conditions serves to insure this entitlement is harmonious with and beneficial to the community. (b) The project shall substantially conform to all plans dated June 22,1992 as, submitted to and approved by the Planning Commission labeled Exhibit "A" dated June 22, 1992 and Exhibit "B" dated June 22, 1992. (c) The Applicant shall comply with requirement of Building and Safety, Planning and Zoning and Engineering Departments. `,, 4 (d) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, at the City of Diamond Bar Community Development ° Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. (f) The Planning Commission finds that facts supporting the above specified findings are contained in the staff report and exhibits, and the information provided to this Commission during the public hearing conducted with respect to the project will be made a condition of approval of said project and are intended to mitigate and/or avoid environmental effects identified in this project. The Planning Secretary Shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Jose R. Cortez, at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 22ND DAY OF JUNE, 1992, BY THE PLANNING COMMISSI-aN O. THE CITY OF DIAMOND BAR. BY: Bruce F' Chairman Attest: _._._ i. "I .I<gmc's DcSzr&' ano,! "ccretary I, 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, at a regular meeting of the Planning Commission held on the 11th day of May, 1992, by the following vote -to -wit: AYES: [COMMISSIONERS:] Meyer, Li, Flamenbaum NOES: [COMMISSIONERS:] Grothe ABSENT: [COMMISSIONERS:] MacBride =' 5