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Home My WebLink AboutPC 96-06PLANNING COMNIISSION RESOLUTION NO. 96-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN EXTENSION OF TIME FOR PARCEL MAP NO. 22102(1) AND CATEGORICAL EXEMPTION SECTION 15315, A PREVIOUSLY APPROVED APPLICATION FOR A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS LOCATED AT 1575 VALLEY VISTA DRIVE (LOT 13 OF TRACT 30379). A. Recitals. 1. Patricia Duke of SEMA Associates has filed a request for an extension of time for a Tentative Parcel Map 22102 (TPM 22102) for property located at 1575 Valley Vista Drive, Diamond Bar, California, as described in the title of this Resolution. Hereinafter, this Resolution, the subject 'Tentative Parcel Map application is referred to as the "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 that date, pursuant to the requirements of the California Government Code Section 57376, 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. 1 ....m... ...... .... ... - - - 3. Action was taken on the subject application as to its consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. On June 10, 1996, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Bulletin newspapers on May 30, 1996. Three (3) property owners within a 500 foot radius of the project site were notified by mail on May 29, 1996. 6. 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. 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 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 the 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 presenter) in the record before the Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby 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 15315 of Article 19 of Division 13 of the California Code of Regulation. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: 2 II�_ {a} The project relates to a 4.39 acre site developed with a two story office building, located at 1575 Valley Nista Drive, City of Diamond Bar, California. The project site is zoned Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (GM-BE- U/C). It has a General Plan land use designation of -Professional Office (OP). (b) Generally, the following zones and use surround the project site: to the north and east is the C-M-BE-U/C Zone; to the south is the C-M-BE-UIC and Single Family Residential -Minimum Lot Size 10,000 Square Feet (R-1-10,4300) Zone; and to the west is the C-M-BF-U/C Zone and the Orange {57} Freeway. (c) The project request is a request for an extension of time not to exceed one (1) year. (d) The proposed extension of time will not adversely affect adjacent or adjoining residential and commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and conforms to the applicable standards of the Gateway Corporate Center project. (e) The nature, condition, and size of the site has been considered. The project site is adequate in size to accommodate the TME' 22102 and the extension of time. (e) The proposed extension of time will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. {f} The proposed project will not jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. (g) The proposed project is adequately served by Valley Vista Drive, Gateway Center Drive, and Bridgegate Drive. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (1) The extension of time shall substantially conform to Tentative Parcel Map No. 22102 labeled Exhibit "A" dated June 10, 1996 as submitted and approved by the Planning Commission. 3 (2) The extension of time shall comply with City Council Resolution No. 94-46 (as attached to this Extension of Time Resolution). (3) The extension of time's approval 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 map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this map. Further, this approval shall not be effective until the permittee pays remaining Planning Division processing fees. (4) 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. (5) All requirements of the Zoning Ordinance and of the underlying zoning of the subject property shall be complied with, unless otherwise set forth in the permit or shown on the approved plans. (6) 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 therefore shall be made by the applicant prior' to the issuance of any building permit or any other entitlement. 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 Patricia Duke, 1575 Valley Vista Drive, Diamond Bar, CA 91765. 4 ROVED AND ADOPTED THIS THE LOTH DAY OF JUNE, 1996 BY PLA MMISSION OF THE CITY OF DIAMOND BAR. B Michael ldenberg, C 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 10th day of June, 1996, by the following vote -to -wit: AYES: [COMMISSIONERS:] Goldenberg, Ruzicka, Fong, McManus, Schad NOES: [COMMISSIONERS:] None ABSTAIN: [COMMISSIONERS:] None ABSENT: [COMMISSIONERS:] None Attest: (Wk James DeStekano, Secretary Q'&ETnWR RE80LTNWR94-4.RER J�