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Home My WebLink AboutPC 2001-34PLANNING COMMISSION RESOLUTION NO. 2001-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING AN EXTENSION OF TIME OF THE NOVEMBER 23, 1999, PLANNING COMMISSION APPROVAL FOR CONDITIONAL USE PERMIT NO. 99-03 (1) AND DEVELOPMENT REVIEW NO. 99-06 (1) THAT ALLOWS THE CONSTRUCTION OF A TWO-STORY OFFICE BUILDING OF APPROXIMATELY 13,325 SQUARE FEET WITH OFFICES AND A RESEARCH LABORATORY FACILITY FOR AUTOMOBILE EMISSIONS TESTING. THE PROJECT SITE IS LOCATED AT 1575 S. VALLEY VISTA DRIVE (TRACT NO. 39679, LOT 13), DIAMOND BAR, CALIFORNIA 91765. A. RECITALS. 1. The property owner/applicant, Specialty Equipment Marketing Association (SEMA), has filed an extension of time application for Conditional Use Permit No. 99-03 (1) and Development Review No. 99-06 (1) approved by the Planning Commission on November 23, 1999, for a property located at 1575 S. Valley Vista Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for the Conditional Use Permit and Development Review shall be referred to as the "Application." 2. On October 9, 2001, public hearing notices were mailed to approximately 15 property owners within a 500 -foot radius of the project site. On October 11, 2001, notice for this project was provided in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Furthermore, on October 10, 2001, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 23, 2001, the Planning Commission of the City of Diamond Bar conducted and concluded 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: 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, City determined that a Negative Declaration was required for this project. The City prepared and adopted Negative Declaration No. 99-07 on November 23, 1999. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed extension of time does not substantially change the project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, the Planning Commission hereby finds that the extension of time identified in this Resolution will not have a significant effect on the environment. Therefore, further environmental review is not required. 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 a time extension of the November 23, 1999 Planning Commission approval by Resolution No. 99-28. The Planning Commission approval allows the construction of a two-story office building of approximately 13,325 square feet with a research laboratory facility for automobile emissions testing. The first story, approximately 8,695 square feet, will contain the research laboratory facility. The second -story, approximately 4,630 square feet, will contain the administrative office. (b) The project site has a General Plan land use designation of Professional Office (OP). (c) The project site is within the Commercial Manufacturing -Billboard Exclusion - Unilateral Contract (C-M-BE-U/C) zoning district. (d) Generally, the following zone and use surround the project site: to the north and east is the C-M-BE-U/C Zone; and to the west is the Orange Freeway (SR 57) Freeway; and to the south is the R-1-10,000 Zone. Extension of Time Findinq (e) The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended; FO On September 13, 2001, the applicant submitted a request in writing for a one-year extension of time. The extension of time is needed because the contractual negotiations were not in order to meet the first deadline. Therefore, the extension of time is needed. The extension of time request does not modify the project's original approval in any way. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, City determined that a Negative Declaration was required for this project. On November 23, 1999, the City prepared and adopted Negative Declaration No. 99-07. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed extension of time does not substantially change the project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental review is not required. 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, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated February 8, 2000, as submitted and approved by the Planning Commission on February 8, 2000. (b) Planning Commission Resolution No. 2000-03 approved on February 8, 2000, shall remain in full force and effect except as amended herein. (c) -This extension of time grant is valid for one year and shall be exercised (i.e., construction started) within that period or this grant shall expire on February 8, 2003. (d) 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. (e) 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 3 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. 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: Specialty Equipment Marketing Association (SEMA), 1575 S. Valley Vista, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 23RD OF ON OCTOBER 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 23rd day of October 2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson, Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: �W James De I of no, Secretary n PLANNING COMMISSION RESOLUTION NO. 2001-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING AN EXTENSION OF TIME OF THE NOVEMBER 23, 1999, PLANNING COMMISSION APPROVAL FOR CONDITIONAL USE PERMIT NO. 99-03 (1) AND DEVELOPMENT REVIEW NO. 99-06 (1) THAT ALLOWS THE CONSTRUCTION OF A TWO-STORY OFFICE BUILDING OF APPROXIMATELY 13,325 SQUARE FEET WITH OFFICES AND A RESEARCH LABORATORY FACILITY FOR' AUTOMOBILE EMISSIONS TESTING. THE PROJECT SITE IS LOCATED AT 1575 S. VALLEY VISTA DRIVE (TRACT NO. 39679, LOT 13), DIAMOND A. RECITALS. The property owner/applicant, Specialty Equipment Marketing Association (SEMA), has filed an extension of time application for Conditional Use Permit No. 99-03 (1) and Development Review No. 99-06 (1) approved by the Planning Commission on November 23, 1999, for a property located at 1575 S. Valley Vista Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for the Conditional Use Permit and Development Review shall be referred to as the "Application." On October 9, 2001, public hearing notices were mailed to approximately 15 property owners within a 500 -foot radius of the project site. On October 11, 2001, notice for this project was provided in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Furthermore, on October 10, 2001, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 23, 2001; the Planning Commission of the City of Diamond Bar conducted and concluded 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, City determined that a Negative Declaration was required for this project. The City prepared and adopted Negative Declaration No. 99-07 on November 23, 1999. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed extension of time does not substantially change the project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, the Planning Commission hereby finds that the extension of time identified in this Resolution will not have a significant effect on the environment. Therefore, further environmental review is not required. 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 a time extension of the November 23, 1999 Planning Commission approval by Resolution No. 99-28. The Planning Commission approval allows the construction of a two-story office building of approximately 11,325 square feet with a research laboratory facility for automobile emissions testing. The first story, approximately 8,695 square feet, will contain the research laboratory facility. The second -story, approximately 4,630 square feet, will contain the administrative office. (b) The project site has a General Plan land use designation of Professional Office (OP). (c) The project site is within the Commercial Manufacturing -Billboard Exclusion Unilateral Contract (C-M-BE-U/C) zoning district. (d) Generally, the following zone and use surround the project site: to the north and east is the C-M-BE-U/C Zone; and to the west is the Orange Freeway (SR 57) Freeway; and to the south is the R-1-10,000 Zone. Extension of Time Findinq (e) The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended; On September 13, 2001, the applicant submitted a request in writing for a one year extension of time. The extension of time is needed because the contractual negotiations were not in order to meet the first deadline. Therefore, the extension of time is needed. The extension of time request does not modify the project's original approval in any way. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, City determined that a Negative Declaration was required for this project. On November 23, 1999, the City prepared and adopted Negative Declaration No. 99-07. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed extension of time does not substantially change the project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental 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, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated February 8, 2000, as submitted and approved by the Planning Commission on February 8, (b) Planning Commission Resolution No. 2000-03 approved on February 8, 2000, shall remain in full force and effect except as amended herein. (c) This extension of fime grant is valid -for one year and shah be exercised (i.e., construction started) within that period or this grant shall expire on February 8, 2003. (d) 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. (e) 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 3 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. 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: Specialty Equipment Marketing Association (SEMA), 1575 S. Valley Vista, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 23RD OF ON OCTOBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 23rd day of October 2001, by the following vote: AYES: Zirbes, Ruzicka; Kuo, Nelson, Tye NOES: None ABSENT: None ABSTAIN: None ATTEST I