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HomeMy WebLinkAboutPC 96-19PLANNING COMMISSION RESOLUTION NO. 96-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 94-2(1), A REQUEST FOR A ONE YEAR EXTENSION OF TIME, BEGINNING JANUARY 23, 1997 IN ORDER TO CONSTRUCT A 17,867 SQUARE FOOT TWO-STORY PROFESSIONAL OFFICE BUILDING LOCATED AT 21008 LYCOMING STREET (LOT 7, TRACT 2166), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Gary Miller of G. Miller Development Co. has filed an application for Development Review No. 94-2(1), a one year extension of time, located at 21008 Lycoming Street, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Extension of Time 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. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), 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 contain 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. originally, Development Review No. 94-2 was approved on January 23, 1995. This approval was valid for two years and must be exercised (i.e., construction started) within that period or the approval would be expired. Addition- ally, this approval allows for a one year extension of time if requested in writing 30 days prior to the expiration date of January 23, 1997. 4. On September 13, 1996, the applicant, in writing, requested an extension of time. 1 11 5. Action was taken on the subject application as to the consistency with the General Plan. It has been tr¢= determined that the proposed project is consistent with the General Plan. 1 S r 6. The Planning Commission of the City of Diamond Bar on October 28, 1996 conducted a duly noticed public hearing on the Application. 7. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on October 17, 1996. One hundred and fifty-eight property owners within a 300 foot radius of the project site were notified by mail on October 15, 1996. 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 Resolution are true and correct. 2. The Planning Commission hereby determines that the extension of time identified above in this Resolution is consistent with the previously approved Negative Declaration No. 94-6 pursuant to the provisions of the California Environmental Quality Act (CEQA) and guide- lines promulgated thereunder, pursuant Section 15162 (a) of Article 11 of Chapter 3 of Title 14 the California Code of Regulations. 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an undeveloped site of approximately 42,026 square feet. The project site is located at 21008 Lycoming Street, Diamond Bar, California. (b) The project site has a General Plan Land Use designation of General Commercial (C). It is within the Restricted Business (C-1) Zone. (c) Generally, the following zones surround the project site: to the north is the Neighborhood Business - Billboard Exclusion (C -2 -BE) and Limited Multiple 2 _k.l Residence (R-3) Zones; to the south is the Light Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP -BE) Zone; to the east is the Single Family Residence -Minimum Lot Size 6,000 Square Feet (R-1- 6,000) Zone; and to the west is the Restricted Business -Development Plan (C -1 -DP) and Residential Agricultural -Minimum Lot Size 8,000 Square Feet (R- A -8,000) Zones. (d) The proposed project is a request for a one year extension of time (expiring January 23, 1998) in order to construct a 17,867 square foot two-story professional office building. (e) The proposed extension of time and approved professional office building is consistent with the General Plan land use designation of General Commercial (C). The General Plan land use designation of General Commercial provides for a variety of land uses including commercial retail, office, and services. Therefore, the extension of time approval which will allow additional time to begin the project's construction is consistent with the General Plan. (f) The proposed extension of time and approved professional office building is consistent with the Restricted Business (C-1) Zone. Currently and at the time' of the pro e.ct's original approval, business or professional fices are permitted in the referenced zone by -right. (g) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized areas, such as designated historic districts, theme areas, specific plans, community plans, boulevard or planned development. The extension of time does not physically alter the previously approved project which is consistent with the adopted General Plan, the site's zoning and Development Review Ordinance No. 5 (1990). (h) The design and layout of the proposed development will not unreasonable interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The extension of time does not physically alter the previously approved project that required a traffic study reviewed and approved by the Planning Commission on January,23, 1995. Furthermore, the time extension does not generate new impacts or additional mitigation measures. 3 (i) The architectural design of the proposed development is compatible with the characters of the surrounding neighborhood and will maintain the harmonious,''a';u: orderly and attractive development contemplated by u'! Chapter 22.72„of Development Review Ordinance No. 5"I'''k (1990) . The January 23, 1995 Planning Commission approval found the project'to be consistent with Chapter 22.72 of Development Review Ordinance No. 5 (1990). Since the extension of time does not physically alter the approved project, the development's architectural design is still compatible with the character'of the surrounding neighborhood and in compliance with Chapter 22.72 of Development Review Ordinance No. 5 (1990). (j) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The extension of time will not alter the proposed development in any way. The project, with the time extension approval, is still required to comply with Exhibit "A" which includes site plan, floor plan, architectural elevations and materials/colors board !j!. -. prr,ved by t' -Ie P?arninrr the Commission's approval of the project found that the development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (k) The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. The extension of time does not alter the approved project in any way. Therefore, approval of the time extension does not generate new impacts or additional mitigation measures. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: ., (a) The project shall substantially conform to site plan, floor plan, elevations and colors/materials board collectively labeled as Exhibit "A” dated 4 5 December 12, 1995, as°!submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with Planning and Zoning, and Building and Safety Division's and Public Works Department's requirements. (d) This grant is valid for one year from January 23, 1997 to January 23, 1998 and shall be exercised (i.e., construction started) within that period or the grant shall expire. (e) All conditions of approval for Development Review No. 94--2 purr zant :.a =eso i:.r__ N-3. 95-3 shall remain in full force and effect unless anended as part of this action. (f) This ,-gr,ant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, 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 City processing fees. (g) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 5 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, Gary Miller, G. Miller Development Co., P.O. Box 4682, Diamond Bar, CA 91765. APPROVAND ADOPTED THIS 28TH DAY OF OCTOBER, 1996, BY ING QOMMI ION OF THE CITY OF DIAMOND BAR. BY Mik Goldenberg, chairman I, James DeStefano, Planning Commission Secretary, 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 Commission held on the 28th day of October, meeting of the Planning 1996, by the following vote: AYES: Goldenberg, Ruzicka Fong, McManus Schad L Lj NOES: *� ABSENT: None ABSTAIN: None. ATTEST: aures DeStefa o, Secretary 54 qq A„ . ...,M..... �����' I - .