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HomeMy WebLinkAboutPC 93-05RESOLUTION NO. 93-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING APPROVAL OF ZONE CHANGE NO. 91-1 FOR REZONING OF REAL PROPERTY CURRENTLY ZONED C-1 (RESTRICTED COMMERCIAL) TO ZONE R -3-(15)U FOR 2.3 ACRE SITE LOCATED AT 23575 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Diamond Development Company, 1700 Raintree Road, Fullerton, California, has heretofore filed an application for approval of a Zone Change No. 91-1 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Zone Change application shall be referred to as "the application". 2. 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 contains the 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. 3. Pursuant to the order issued by the Los Angeles - County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. 4. On November 25, 1991, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on February 8, 1993. 5. 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: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this I' Resolution are true and correct. ___- 1' I— 11 _LF i ',,11 2. The Planning Commission hereby finds that the initial study prepared and reviewed by the City of Diamond Bar and a'` Negative Declaration has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Negative Declaration reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission 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 Planning Commission 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. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on November 25, 1991, continued to and concluded on February 8, 1993, including written and oral staff reports, together with public testimony, and in conformance with Ordinance No. 4 (1992) of the City Diamond Bar, hereby specifically finds as follows: (a) The application applies to property located at 23575 Golden Springs Drive, Diamond Bar. The lot has a gross area of 2.33 acres and is currently zoned C-1 (Restricted Commercial) is not consistent with the General Plan land use designation of RM (Medium Density Residential 16 du/ac). The applicant however, is requesting a zone change to R -3- (15)U which is consistent with the General Plan land use designation. (b) Properties to the east and south are devel- oiled with single family residences, to the north the site is developed with a multi- family complex and the sites to the west are partially developed by commercial development and single family residential home. 2 t F:;:I. A c �,.' x -, (c) The applicant is requesting approval of a zone change, vesting tentative tract map, and site plan and architectural review via development review as a part of this and other related applications, to develop and construct a 34 unit condominium complex. (d) The subject property has been graded and currently is a vacant undeveloped parcel. (e) The site is sufficient in size and can pro- vide adequate ingress and egress to allow multiple family development in character with surrounding current land uses. (f) Public notice and resident notification of the public hearing for this project has been made in conformance with state law. (g) The site is sufficient in size and can pro- vide adequate ingress and egress to allow multiple family development in character with surrounding current land uses. (h) The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or im- provements in the vicinity because it is designed in compliance with the City's development standards. (i) There is little or no probability that the change of zone of said real property, as proposed in the application will be a substantial detriment to, and is in compliance with the General Plan land use designation for the site and is an appropriate transitional zone for the site because of the consistency with the General Plan land use designation; and (j) The application, as proposed and conditioned herein, complies with all other applicable requirements of state and local ordinances. (1) The General Plan land use designation creates a favorable condition for the change in zone classification from C-1 to R -3-(15)U because of state law requirements that the zoning and land use designations be consistent with each other. 3 (m) The applicant is seeking to remedy the non- conforming status of the site as it relates;',!'+ to the General Plan land use designation. (n) The placement of the proposed zoning at such location is in the interest of public health, safety, and general welfare, and in conformity with good zoning practice because of the consistency create by bring the zoning into conformance with the land use designation applied within the General Plan. (o) The proposed zone change is consistent with the adopted General Plan for the area. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Planning Commission hereby recommends approval of the application: 6. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to Ron Crowley of Diamond Development Company at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 8TH DAY OF FEBRUARY, 1993 P BY THE PLANNING COMMIS ON F THE CITY OF DIAMOND BAR. BY: truce Flamenbaum, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, by the Planning Commission on the 8th day of February, 1993 with the following vote: AYES: COMMISSIONERS: Flamenbaum, Grothe, Li and Meyer FOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Plunk ABSTAIN: CO ISSIONERS: ATTEST: /Da Ines DeStefano, Secretary 4