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Home My WebLink AboutPC 97-04wand PLANNING COMMISSION COMMISSION RESOLUTION NO. 97-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 94-4 (1) , A REQUEST FOR A ONE (1) YEAR EXTENSION OF TIME, IN ORDER TO CONTINUE THE DEVELOPMENT OF APPROVED PUBLIC PARK IDENTIFIED AS PANTERA PARR LOCATED AT 700-800 PANTERA DRIVE (LOT 8, 9, AND 10 OF TRACT 31479), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/ applicant, the City of Diamond Bar, has filed an application for Conditional Use Permit No. 94-4(1), a one (1) year extension of time, for an approved public park, identified as Pantera Park. The park site is located at 700-800 Pantera Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit/extension of time shall be referred to as the "Application". 2. Originally, the Planning Commission ,approved the park's development on March 13, 1995. The approval was valid for two (2) years, with a 14 day appeal period, thereby becoming effective on March 27, 1995. Before the two (2) years ended, construction was required to commence. However, the anticipated completion time of plans and specifications for the park's development was longer then anticipated. Furthermore, Staff required five plan check reviews and a redesign of the civil engineering plans to ensure adequate drainage of the site. As a result, approval of a one (1) year extension of time is needed to continue the park's development. 3. 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 F subject Application, within the City of Diamond Bar. 4. Action was taken on the subject appi:-cation as to the consistency with the General Plan. It has been determined that the proposed project and extension of time is consistent with the General Plan. 1 5. The Planning Commission of the City of Diamond Bar on April 8, 1997 conducted a duly noticed public hearing on the Application. 6. Notification of the public hearing for the extension of',rp time has been made in the San Gabriel Valley Tribune newspaper on March 31, 1997 and Inland Valley Daily Bulletin newspaper on March 28, 1997. Three hundred and seventy-nine property owners within a minimum 500 foot radius of the project site were notified by mail on March 28, 1997. 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 project identified above in this Resolution is consistent with the previously approved Mitigated Negative Declaration No. 94-2, according to the California Environmental Quality Act .(CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15162 (a) of Article 11, Chapter 3 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 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 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 a vacant site of 15.5 acres of flat pad area and 7.5 acres of sloped terrain, totaling to approximately 23 acres. Most of the sloped terrain will remain in its natural state. Exhibit "A" represents the park's final development plans. The plans delineate two ball fields with two soccer overlay fields, three basket ball courts with a roller hockey rink oveztiy, two lighted tennis courts, restroom/concession building, tot lot, picnic facilities, and activity room. 2 "I J' u . r u_r_!, a. t.�wX. ! x u7 a'e�� ,_ � (b) The project site has a General Plan Land Use designation of Park (--PK). (c) Generally, the following zones surround the project site: to the north is the Single Family Residential - Minimum Lot,Size 8,000 Square Feet (R-1-8,000) and `- Single Family Residential -Minimum Lot Size 10,000 Square Feet (R-1-10,000) Zones; and to the south, east, and west is the R -1-20,000-2U Zone. (d) The current request is for a one (1) year extension of time, expiring March 27, 1998. (e) The proposed extension of time is in compliance with the adopted General Plan. The General Plan's land use designation provided for the project area is Park (PK). The proposed extension of time's purpose is to allow the continuing preparation and construction of a public park identified as Pantera Park. Additionally, the park's development compiles with the General Plan's Objective 1.3 and Strategy 1.3.7. Therefore, the time extension's approval is in compliance with the City's adopted General Plan. (f). The extension of time at the location proposed will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. The time extension's approval will allow the continuing preparation and construction of the approved park. Before the issuance of any City perml"s, the park project is required to complete the appropriate reviews and plan checks. Additionally, with the issuance of City permits, the appropriate inspections will occur insuring that the park facility complies with all City codes. There- fore, the park's completion and the extension of time's approval will not jeopardize, endanger or otherwise constituted a menace to the public health, safety or general welfare. (g) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features, or as is otherwise required in order to'integrate said use in the surrounding area. The park site's size and shape which accommodates 3 -- - - -- -- __ -.. _- _ .__- both active and passive recreation, parking, landscaping and other development features and the integration of the park within the area were addressed in Mitigated Negative Declaration No. 94-2 and Planning Commission public hearings. As a result, conditions of approval addressing the reference items are within the approved Resolution No. 95-4. Additionally, the time extension's approval does not alter the project's original approval. The extension of time approval will allow the continuing preparation and construction of the approved park. (h) The project site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and (2) By other public or private service facilities as are required. The project site is adequately served by Pantera Drive and Bowcreek Drive which are collector and residential roadways respectively. A traffic study was prepared by Linscott, Law & Greenspan in February 1994. Traffic and circulation issues were addressed in this study and the Mitigated Negative Declaration. It was determined that due to a relatively small number of new trips generated by '! the proposed park -and the existing capa-city-of . Pantera Drive and Bowcreek Drive to accommodate additional traffic, the proposed park's impact is considered less than significant. Additionally, the extension of time's approval will not intensify the park use and as such, the estimated new trips generated will not increase. 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 landscape plan collectively labeled as Exhibit "A" dated April 3, 1997, as submitted and approved by the Planning commission. (b) All conditions of approval for Conditional Use Permit No. 94-4, pursuant to Resolution No. 95-4 shall remain in full force and effect unless amended as part of this action. U (c) This grant is valid for one (1) year from March 27, 1997. H The Planning Commission shall: (a) Certify to the adoption of this Resolution; and P - (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to the City of Diamond Bar, 21660 E. Copley Drive, Suite #100, Diamond Bar, CA 91765. ts.v APPROVED AND ADOPTED THIS STH DAY OF APRIL,'1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe R i ka; hairman 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 Bax, at a regular meeting of the Planning Commission held on the 8th day of April, 1997, by the following vote: AYES: Ruzickz, Schad, Fong, Goldenberg a NOES: None ABSENT: McManus ABSTAIN: None ATTEST: "jamesefano, Secretary r— - F