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Home My WebLink AboutPC 92-20F-- - RESOLUTION NO. 92-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 92-4 AND CATEGORICAL EXEMPTION (CLASS 1, SECTION 15301), AN APPLICATION FOR A TENANT IMPROVEMENT WITH EXTERIOR REMODELING FOR ALPHA BETA LOCATED AT 2825 S. DIAMOND BAR BLVD. BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE. A. Recitals 1. Food -4 -Less and Landsing Pacific Fund has filed an application for Development Review No. 92-4 and located at 2825 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, 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. This Commission hereby finds that the proposed project described in this Resolution conforms to the General Plan of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on September 28, 1992 conducted a duly noticed public hear- ing on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 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. ;q 411. 2. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301) of Division 6 of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, there is no evidence before the 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 the Commission, the 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 this 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. 4. Based upon substantial evidence presented to the Planning Commission during the above public hearing and oral testimony provide at the hearing, the Commission hereby specifically finds as follows: (a) The project relates to a site of approximately 17.7 acres called Country Hills Towne Center which is comprised of retail shops, restaurants, and a cinema within the C-1 zone with General Plan designation of General Commercial (C), on the north side of Diamond Bar Blvd., between Fountain Springs Lane and Cold Springs Lane, City of Diamond Bar, California. (b) Generally, property to the north is Single Family Residential (R-1-7,500) zone; property to the south is Residential Planned Development (RPD -1- 15U) zone; property to the East is R-1-20,000 zone; and property to the West is R-1-7,500 zone which is separated from the subject site by a flood control channel. The General Plan land use designation of this property is General Commercial. F- (c) The subject site for the project is adequately served by Diamond Bar Blvd., Fountain Springs Road, and Cold Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use. (e) This project is in compliance with the General Plan. (f) This project is in compliance with the Development Review Ordinance No.5 (1990). (g) Notification of the public hearing for this project has been made. (h) Approval of this project will not have an adverse impact on adjacent or adjoining residential or commercial 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. (i) The architectural design of the..Development Review is compatible with the existing, character of the Country Hills Towne Center and the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the Development Review Ordinance and the General Plan and will 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. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, 4, and conditions set forth below in this Resolution, presented to the Planning Commission on September 28, 1992, public hearing as set forth above, the Commission, hereby finds and concludes as follows: (a) The project shall substantially conform to all plans dated September 28, 1992 as submitted to and approved by the Planning Commission labeled Exhibit "A". 3 (b) The Applicant shall complete, without phasing, the exterior remodel of Alpha Beta, the shops located at the south side of Alpha Beta facing Diamond Bar Blvd., and the shops facing Cold Springs Lane. llpl (c) 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. Further, this grant shall not be effective until the permittee pays remaining Planning Division processing fees. (d) 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 may be revoked; 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. (e) This approval is valid for one year and must be exercised with in that period. Extensions of time may be granted by the Planning Commission, after a public hearing, provided such request for an extension is submitted, in writing to the Planning Commission not less than 30 days prior to the expiration date. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Food -4 -Less and Landsing Pacific Fund at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 28TH DAY OF - SEPTEMBER, 1992, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bruce lamenba ai- an ATTEST: J as DeStefano, Secretary \t 4 1 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 28th day of September, 1992. AYES: [COMMISSIONERS:] Flamenbam, MacBride, Meyer NOES: [COMMISSIONERS:] Grothe, Li ABSTAIN: [COMMISSIONERS:] 5