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HomeMy WebLinkAboutPC 2001-12— __._,--Lowe,aWWu.lIN1.,'.11..rr A—,,—I .-,.,. 11-1 �„.,, I'-,— — — —_.—,.m,..,..w_...,.�_-- PLANNING COMMISSION RESOLUTION NO. 2001-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE NO. 2000-01, FOR A PROPERTY IDENTIFIED AS PARCEL MAP NO. 10208, PARCEL 2 LOCATED ON THE EAST SIDE OF DIAMOND BAR BOULEVARD, IMMEDIATELY NORTH OF THE POMONA FREEWAY/SR-60 AND EAST OF THE ORANGE FREEWAY/SR-57, DIAMOND BAR, CALIFORNIA. -A. RECITALS. 1. The property owner/applicant, Canyon Wash, LLC has filed an application for Zone Change No. 2000-01 for a property identified as a Parcel Map No. 10208, Parcel 2, located on the east side of. Diamond Bar Boulevard, immediately north of the Pomona Freeway/SR-60 and east of the Orange Freeway/SR-57, Diamond Bar; Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On April 6, 2001, public hearing notices were mailed to approximately 127 property owners of record within a 700 -foot radius of_the project site and the public hearing notice was posted in three public places within the City of Diamond Bar. On April 11, 2001, the project site was posted with a display board. Furthermore, On April 12, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On April 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 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: In accordance to the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, Section 15162 and 15168 (c) (2) of Article 11 of the California Code of Regulations, the Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified July 25, 1995. Therefore, further environmental review is not required for the proposed Zone Change. 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 proposed Zone Change relates to a project site that is irregular shaped and approximately 5.43 acres. The project site's topography is a -rolling hillside terrain, which slopes from the east and north down to Diamond Bar Boulevard and to the freeway off - ramp. The project site is undeveloped. However, a 10 -foot wide storm drain easement exists within the southeast portion of the site. (b) Generally, the,following zones and uses surround the project site: to the north is the Commercial Manufacturing (CM) Zone that consists of commercial/retail; restaurants and office uses; to the south is the Pomona Freeway/SR-60; to the east is the R-1-8,000 Zone which consists of single-family homes; and to the west is Diamond Bar Boulevard and the Orange Freeway/SR-57. (c) The project site is within the Unlimited Multiple Residence (R -3- 8,000-25U) Zone. (d) The Application request is for approval to change the existing zoning to Community Commercial (C-2). (e) After due consideration of public testimony, staff analysis and deliberations, the Planning Commission finds that the existing zoning shall be changed from Unlimited Multiple Residence (R -3- 8,000-25U) to Community Commercial (C-2). The Commission has _.., determined that the Community Commercial (C-2) Zone implements the Strategies of the General Plan. Due to the project 2 site's size (approximately 5.43 acres) and hillside topography, the scale and type of development is limited. The uses that are existing in commercial areas adjacent or near the project site are consistent with those listed in Table 2-6 of the Development Code for .the C-2 zoning district. Consideration was given to the fact that residential zones are near and adjacent to the project site. The C-2 zoning district is more appropriate for the project site due to the factors previously mentioned and that this zoning designation still offers a wide range of retail shopping and service uses, primarily intended to serve the needs of Diamond Bar residents. (f) The project site has a General Plan land use designation of General Commercial (max. 1.0 FAR). The General Commercial designation establishes areas that provide for regional, freeway oriented, and/or commercial retail and service commercial uses. Therefore, Neighborhood Commercial (C-1), Community Commercial (C-2) or Regional Commercial (C-3) zoning designations within this land use category would be consistent with the General Plan. Therefore, a zone change for the project site to Community Commercial (C-2) is consistent with the General Plan. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The existing zoning for the project site shall be changed to Community Commercial (C-2) and shall allow uses listed for the C-2 zoning district in Table 2-6 of the Development Code. (b) Future development for the project site shall be subject to Development Review and all other development standards as listed within the Development Code. (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, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services 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, school fees and fees for the review of submitted reports. 3 --» The Planning Commission shall: _ (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to of this Resolution, by certified mail, to Canyon Wash, LLC, 3480 Torrance Boulevard, Suite #300, Torrance, CA, 90503. APPROVED AND ADOPTED THIS 24TH OF APRIL 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob Zirbes, 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 meeting of the Planning Commission held on the 24th day of April 2001, by the following vote: AYES: Ruzicka, Nelson, Kuo, Tye, Zirbes NOES: ABSENT: ABSTAIN: ATTEST: )James D --Stefano, Secretary 1 4 9Wil ►10111►f0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE NO. 2000-01, FOR A PROPERTY IDENTIFIED AS PARCEL MAP NO. 10208, PARCEL 2 LOCATED ON THE EAST SIDE OF DIAMOND BAR BOULEVARD, - IMMEDIATELY - NORTH OF THE POMONA FREEWAY/SR-60 AND EAST OF THE ORANGE FREEWAY/SR-57, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1 The property owner/applicant, Canyon Wash, LLC _has filed an application for Zone Change No. 2000-01, for a property identified as a Parcel Map No. 10208, Parcel 2, located on the'e ast side of, Diamond Bar Boulevard, immediately north of the Pomona Freeway/SR-60 and east of the Orange Freeway/SR-57, Diamond Bar„ Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the HApplication.0 2. On April 6, 2001, public hearing notices were mailed to approximately 127 property owners of record within a 700 -foot radius ofthe project site and the public hearing notice was posted in three public places within the City of Diamond Bar. On April 11, 2001, the project site was posted with a display board. Furthermore, On April 12, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On April 24, 2001, the Planning Commission of the City- of Diamond Bar conducted a duly noticed public hearing on the Application. 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 2. In accordance to the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, Section 15162 and 15168 (c) (2) of Article 11 of the California Code of Regulations, the Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified July 25, 1995. Therefore, further environmental review is not required for the 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 co -nditioned 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 4. Based on the findings and conclusions set forth herein, this (a) The proposed Zone Change relates to a project site that is irregular shaped and approximately 5.43 acres. The project site's topography is a -rolling hillside terrain, which slopes from the east and north down to Diamond Bar Boulevard and to the freeway offramp. The project (b) Generally, the.following zones and uses surro 'und the project site: to the north is the Commercial Manufacturing (CM) Zone that consists of commercial/retail,- restaurants and office uses; to the south is the Pomona Freeway/SR- 60; to the east is the R-1-8,000 Zone which consists of (c) The project site is within the Unlimited Multiple Residence (d) The Application request is for approval to change the (e) After due consideration of public testimony, staff analysis deliberations, the Planning Commission finds that the existing zoning shall be changed from Unlimited Multiple Residence (R- 38,000 -25U) to Community Commercial (C-2). The Commission has determined that the Community Commercial (C-2) Zone implement's the Strategies of the General Plan. Due to the project 2 site's size (approximately 5.43 acres) and hillside topography, the scale and type -of development is limited. The uses that are ekisting, in commercial areas adjacent or near the project site are consistent with those listed in Table 2-6 of the Development Code for -the C-2 zonin g district. Consideration was given to the fact that residential zones are near and adjacent to the project site. The C-2 zoning district is more appropriate for the project site due to the factors previously mentioned and that this zoning designation still (f) The project site has a General Plan land use designation of General Commercial (max. 1.0 FAR). The General Commercial designation establishes areas that provide for regional, freeway oriented, and/or commercial retail and service commercial uses. Therefore, Neighborhood Commercial (C-1), Community Commercial (C-2) or Regional Commercial (C-3)- zoning designations within this land use category would be consistent with the General Plan. Therefore, at zone change for the project site to Community Commercial (C-2) is consistent with the General Plan. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (b) Future development for the project site shall be subject to Development Review and all other developmen t standards as listed within the Development Code. (c) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permiffee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services 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 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to of this Resolution, by certified mail, to Canyon Wash, LLC, 3480 Torrance Boulevard, Suite #300, Torrance, CA, 90503. APPROVED AND ADOPTED THIS 24TH OF APRIL 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bob Zirbes, Chairman 1, 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 meeting of the Planning Commission held on the 24th day of April 2001, by the following vote: AYES: Ruzicka, Nelson, Kuo, Tye, Zirbes NOES: ABSENT: ABSTAIN: ATTEST: James D --Stefano, Secretary 4