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HomeMy WebLinkAboutPC 2003-03A RESOLUTION OF THE PLANNING COMMISSION OF TH CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY CO NCIL APPROVE MITIGATED NEGATIVE DECLARATION NO.2 02-07, GENERAL PLAN AMENDMENT NO. 2002-01, ZONE C ANGE NO. 2002-01 AND SPECIFIC PLAN NO. 2002-01; AMENDIN THE LAND USE ELEMENT FROM PROFESSIONAL OFF[ C TO GENERAL COMMERCIAL, CHANGE OF ZONE FROM M-1 DBE TO C-2 SP, AND ADOPTION OF A SPECIFIC PLA TO IMPLEMENT A COMPREHENSIVE DEVELOPMENT FOR PROPERTY LOCATED AT 850 BREA CANYON ROAD (APN 8719- 013-010), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The applicant, Phil Williams (Extended Stay America), acting as the agent for the property owner, Louis Marcellin, has filed an application for General Plan Amendment No. 2002-01, Zone Change No.200 -01, Specific Plan No. 2002-01, and Mitigated Negative Declaration ' No. 2002-07 for property located at 850 Brea Canyon Road, iamond Bar, Los Angeles County, California. Hereinafter in this Resolutio i, the su ject General Plan Amendment, Zone Change, Specific Plan End Mitigated Negative Declaration shall be referred to as the "Application." 2. On October 9, 2002, Notification of the public hearing for thi project Nas provided in the San Gabriel Valley Tribune and Inland Valley )ailv Bul etin newspapers. On October 9, 2002, public hearing notices were maileJ to approximately 103 property owners of record within a 700-f of radiu 3 of the project. Furthermore, on October 8, 2002, the project sit was po ted with a required display board and public notices were po ted in t ree public places. 3. The Community and Development Services Department has determi ed that the proposed General Plan Amendment, Zone Change and Spe ific Plan represents a consistent, logical, appropriate and rationale alternate land use designation and implementing zoning and specific plan tool hat furthers the goals and objectives of the City General Plan. 4. On October 22, 2002, the Planning Commission of the City of Diam nd Bar conducted a duly noticed public hearing. At that time, the public hearing was continued to December 10, 2002, and continued again to January 28, 2003. On January 28, 2003, the public hearing was concluded on the Application. PLANNING COMMISSION RESOLUTION NO. 2003- 03 A RESOLUTION OF THE PLANNING COMMISSION OF TH CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY CO NCIL APPROVE MITIGATED NEGATIVE DECLARATION NO.2 02-07, GENERAL PLAN AMENDMENT NO. 2002-01, ZONE C ANGE NO. 2002-01 AND SPECIFIC PLAN NO. 2002-01; AMENDIN THE LAND USE ELEMENT FROM PROFESSIONAL OFF[ C TO GENERAL COMMERCIAL, CHANGE OF ZONE FROM M-1 DBE TO C-2 SP, AND ADOPTION OF A SPECIFIC PLA TO IMPLEMENT A COMPREHENSIVE DEVELOPMENT FOR PROPERTY LOCATED AT 850 BREA CANYON ROAD (APN 8719- 013-010), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The applicant, Phil Williams (Extended Stay America), acting as the agent for the property owner, Louis Marcellin, has filed an application for General Plan Amendment No. 2002-01, Zone Change No.200 -01, Specific Plan No. 2002-01, and Mitigated Negative Declaration ' No. 2002-07 for property located at 850 Brea Canyon Road, iamond Bar, Los Angeles County, California. Hereinafter in this Resolutio i, the su ject General Plan Amendment, Zone Change, Specific Plan End Mitigated Negative Declaration shall be referred to as the "Application." 2. On October 9, 2002, Notification of the public hearing for thi project Nas provided in the San Gabriel Valley Tribune and Inland Valley )ailv Bul etin newspapers. On October 9, 2002, public hearing notices were maileJ to approximately 103 property owners of record within a 700-f of radiu 3 of the project. Furthermore, on October 8, 2002, the project sit was po ted with a required display board and public notices were po ted in t ree public places. 3. The Community and Development Services Department has determi ed that the proposed General Plan Amendment, Zone Change and Spe ific Plan represents a consistent, logical, appropriate and rationale alternate land use designation and implementing zoning and specific plan tool hat furthers the goals and objectives of the City General Plan. 4. On October 22, 2002, the Planning Commission of the City of Diam nd Bar conducted a duly noticed public hearing. At that time, the public hearing was continued to December 10, 2002, and continued again to January 28, 2003. On January 28, 2003, the public hearing was concluded 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 I of this Resolution are true and correct. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Article 6, Sections 15070 and 15072, the City has determined that a mitigated Negative Declaration is required for this project. Mitigated Negative Declaration No. 2002-07 was prepared. The review period for the mitigated Negative Declaration began October 9, 2002, and ended October 29, 2002. Furthermore, Mitigated Negative Declaration No. 2002-07 reflects the independent judgment of the City of Diamond Bar. 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 finding and conclusions set forth herein, this Planning Commission hereby finds and recommends as follows: (1) The City Council adopt General Plan Amendment No. 2002-01, Zone Change No. 2002-01, Specific Plan No. 2002-01, and Mitigated Negative Declaration No. 2002-07, attached hereto as delineated on the City's Official General Plan Land Use and Zoning Map, and draft Specific Plan document identified as Exhibit "A" and incorporated herein by reference: (a) The existing approximate 6.50 acre site located on the east side of Brea Canyon Road south of Lycoming Street more particularly described as 850 Brea Canyon Road (APN 8719-013-010) shall have a General Plan Land Use designation of General Commercial (C) and be zoned C-2 SP (Community Commercial -Specific Plan Overlay). (2) The proposed specific plan is consistent with the General Plan Land Use Element Objectives 1.1 and 1.3 and Strategies 1.1.9, 1.3.1, 1.3.2 and 1.3.5, and other adopted goals and policies of the 2 1 1 1 City because the proposed specific plan will provide innovative use of land development with its combination of an extended stay facility and restaurant uses and probable retail, other service and office uses as specifically delineated in the specific plans foi the area of the project site. It will also provide revenue generation ses in a location that serves the City's needs. Additionally, the proposed specific plan has been prepared pursuant to the provisions of Government Code Section 65450. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Council forthwith. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ru icka, h lrman 1, James DeStefano, Planning Commission Secretary, do hereby c foregoing Resolution was duly introduced, passed, and adopted by Commission of the City of Diamond Bar, at a regular meeting of Commission held on the 28th day of January 2003, by the following vote: AYES: WC Tye, Commissioners Nelson, Nolan, Tanaka, WC NOES: None ABSENT: None ABSTAIN: None 1 ATTEST: J es DeSte ano, Secretary 3 to the , BY THE thatthe Plan ing PLANNING COMMISSION G COMMISSION OF TH CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY CONCI APPROVE MITIGATED NEGATIVE DECLARATION N0. 02-07, GENERAL PLAN AMENDMENT N0.2002-01, ZONE CANGE N0.2002-01 AND SPECIFIC PLAN N0.2002-01; AMENDIN THE LAND USE ELEMENT FROM PROFESSIONAL OFFIC T GENERAL COMMERCIAL, CHANGE OF ZONE FROM M-1 D B TO C-2 SP, AND ADOPTION OF A SPECIFIC PLA N T IMPLEMENT A COMPREHENSIVE DEVELOPMENT FOR PROPERTY LOCATED AT 850 BREA CANYON ROAD APN 8719- 719013-010 013-010), , DIAMOND BAR, CALIFORNIA. A. RECITAL 1. The applicant, Phil Williams Extended Stay America), acting as the for the property owner, Louis Marcellin, has filed an a plicatii General Plan Amendment No. 2002-01, Zone Change No.2 1 Specific Plan No. 2002-01 and Mitigated Ne ativ Decl No. 2002-07 for property located at 850 Brea Canyon Road, iamon Los Angeles County, California. Hereinafter in this Resoluti , the General Plan Amendment, Zone Change, Specific Plan nd Mi Negative Declaration shall be referred to as the "Application." Wel 2. On October 9, 2002, Notification of the public hearing for this project provided in the San Gabriel Valley Tribune and Inland Valle ail Bu newspapers. On October 9, 2002, public hearing notices were mails t approximately 103 property owners of record within a 700-f of radit the o project. Furthermore, on October 8, 2002, the project sit was pc with a required display board and public notices were po ted in t public places. The Community and Development Services Department ha deterrr that the proposed General Plan Amendment, Zone Change and SpE Plan represents a consistent, logical, appropriate and rationale altei land use designation and implementing zoning and specific plan tool furthers the goals and objectives of the City General Plan. . On October 22, 2002, the Planning Commission of the City -of Di Bar conducted a duly oticed public hearing. At that tim , the hearing was continued to December 10, 2002, and continoed agaiq to January 28, 2003. On January 28, 2003, the public Hhearing lh,as concluded on the Application 1 I. 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 I of this Resolution are true and correct. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Article 6, Sections 15070 and 15072, the City has determined that a mitigated Negative Declaration is required for this project. Mitigated Negative Declaration No. 2002-07 was prepared. The review period for the mitigated Negative Declaration began October 9, 2002, and ended October 29, 2002. Furthermore, Mitigated Negative Declaration No. 2002- 07 reflects the independent judgment of the City of Diamond Bar. 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 finding and conclusions set forth herein, this Planning Commission hereby finds and recommends as follows: (1) The City Council adopt General Plan Amendment No. 2002-01, Zone Change No. 2002-01, Specific Plan No. 2002-01, and Mitigated Negative Declaration No. 2002-07, aftached hereto as delineated on the City's Official General Plan Land Use and Zoning Map, and draft Specific Plan document identified as Exhibit "A" and incorporated herein by reference: (a) The existing approximate 6.50 acre site located on the east side of Brea Canyon Road south of Lycoming Street more particularly described as 850 Brea Canyon Road (APN 8719- 013-010) shall have a General Plan Land Use designation of General Commercial (C) and be zoned C-2 SP (Community Commercial -Specific Plan Overlay). (2) The proposed specific plan is consistent with the General Plan Land Use Element Objectives 1.1 and 1.3 and Strategies 1.1.9, 1.3.1, 1.3.2 and 1.3.5, and other adopted goals and policies of the K City because the proposed specific plan will provide innovative use of land development with its combination of an extended stay facility and restaurant uses and probable retail, other service and office uses as specifically delineated in the specific plans fo the area of the project site. It will also provide revenue generation ses in a location that serves the City's needs. Additionally, the proposed specific plan has been prepared pur uant to the provisions of Government Code Section 65450. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolutio- to the Council forthwith. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 2 CO3, BY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ru icka, h irman I, James DeStefano, Planning Commission Secretary, do hereby ce ify that the foregoing Resolution was duly introduced, passed, and adopted by he Plan ing Commission of the City of Diamond Bar, at a regular meeting of t e Planting Commission held on the 28th day of January 2003, by the following vote: AYES: WC Tye, Commissioners Nelson, Nolan, Tanaka, WC NOES: None ABSENT: None ABSTAIN: None ATTEST: 1;'L J I C]