HomeMy WebLinkAboutPC 2004-20PLANNING COMMISSION
RESOLUTION NO. 2004-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE
ZONE CHANGE NO. 2002-02 WHICH CHANGES THE EXISTING
ZONING FROM A-1-15,000 TO C-2 AND NEGATIVE DECLARATION
NO. 2003-06 FOR A PROPERTY IDENTIFIED AS APN #8763-007-022
LOCATED AT 1035Y2 BANNING WAY, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
The property owner, Diamond Bar Project Company and applicant, CMC
Architects have filed an application for Zone Change No. 2002-02 for a
property identified as APN #8763-007-022 located 1035'/2 Banning Way,
Diamond Bar, Los Angeles County, California. Hereinafter in this
Resolution, the subject Zone Change shall be referred to as the
"Application."
2. On May 3, 2004, public hearing notices were mailed to approximately 65
property owners of record within a 500 -foot radius of the project site. On
May 10, 2004, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. Public hearing notices were posted in three public places
within the City of Diamond Bar and the project site was posted with a
display board on May 10, 2004.
3. On June 8, 2004, 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. The Planning Commission hereby finds that the Initial Study review and
Negative Declaration No. 2003-06 have been prepared by the City of
Diamond Bar in compliance with the requirements of the California
Environmental Quality Act (CEQA) of 1970 and guidelines promulgated
there under, pursuant to Section 15070. Furthermore, Negative
Declaration No. 2003-06 reflects the independent judgment of the City of
Diamond Bar. The review period began April 5, 2004, and ended May 4,
2004.
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 fife
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 a vacant
irregular shaped lot of approximately 97,000 square feet (2.22
acres) and located on the north side of Golden Springs Drive
between Lemon Avenue and Brea Canyon Road.
(b) Generally, the following zones and uses surround the project site:
To the north of the project site is the Pomona Freeway and retail
landscape nursery; to the south (south side of Golden Springs
Drive) is the Single-Famiiy Residence -Minimum hot Size 10, 000
square feet (R-1-10,000) a zone; to the west is the Commercial
Community (C-2) zone developed with commercial strip shopping
centers and to the east is the Regional Commercial (C-3) zone
developed with an office building, LA Fitness and commercial strip
shopping center.
(c) The project site's current zoning designation of A-1-15,000 (Light
Agricultural -Minimum Lot Size 15,000 Square).
(d) The Application request is for approval to change the existing
zoning to Community Commercial (C-2).
(e) The Planning Commission, after due consideration of public
testimony, staff analysis and deliberations finds that the existing
zoning shall be changed from Agricultural -Minimum Lot Size 15,000
Square (A-1-15,000) 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
property size (approximately 222 acres), type of development that
would be appropriate for this size property and surrounding zoning
2
and uses, it is appropriate that the existing zoning be changed to C-
2. 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 zoning is located near 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 land uses appropriate
for the C-2 zone as listed within the Development Code.
(b) All future development for the project site shall be subject to
Development Review and all 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.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
3
(b) Forthwith transmit a certified copy of this Resolution to of this
Resolution, by certified mail, to Diamond Bar Project Company,
11618 South Street, Artesia, CA 90701 and CMC Architects,
Myung Chung, 3380 Flair Drive, EI Monte, CA 91731.
APPROVED AND ADOPTED THIS 8TH OF JUNE 2004, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY: 1) a v (� A �'
Dan Nolan, 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 8th day of June 2004, by the following vote:
AYES: Commissioners: McManus, Tye, Low, VC/Tanaka, C/Nolan
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4
PLANNING COMMISSION
RESOLUTION NO. 2004-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE
ZONE CHANGE NO. 2002-02 WHICH CHANGES THE EXISTING
ZONING FROM A-1-15,000 TO C-2 AND NEGATIVE DECLARATION
NO. 2003-06 FOR A PROPERTY IDENTIFIED AS APN #8763-007-022
LOCATED AT 1035/ BANNING WAY, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
The property owner, Diamond Bar Project Company and applicant, CMC Architects
have filed an application for Zone Change No. 2002-02 for a property identified
as APN 48763-007-022 located 1035'/2 Banning Way, Diamond Bar, Los
Angeles County, California. Hereinafter in this Resolution, the subject Zone
Change shall be referred to as the "Application."
2. On May 3, 2004, public hearing notices were mailed to approximately 65 property
owners of record within a 500 -foot radius of the project site. On May 10, 2004,
notification of the public hearing for this project was provided in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing
notices were posted in three public places within the City of Diamond Bar and the
project site was posted with a display board on May 10, 2004.
3. On June 8, 2004, 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. The Planning Commission hereby finds that the Initial Study review and Negative
Declaration No. 2003-06 have been prepared by the City of Diamond Bar in
compliance with the requirements of the California Environmental Quality Act
(CEQA) of 1970 and guidelines promulgated there under, pursuant to Section
15070. Furthermore, Negative Declaration No. 2003-06 reflects the independent
judgment of the City of
Diamond Bar. The review period began April 5, 2004, and ended May 4, 2004.
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 a vacant irregular
shaped lot of approximately 97,000 square feet (2.22 acres) and located on
the north side of Golden Springs Drive between Lemon Avenue and Brea
Canyon Road.
(b) Generally, the following zones and uses surround the project site: To the
north of the project site is the Pomona Freeway and retail landscape
nursery; to the south (south side of Golden Springs Drive) is the Single -
Family Residence -Minimum Lot Size 10, 000 square feet (R-1-10,000) a
zone; to the west is the Commercial Community (C-2) zone developed
with commercial strip shopping centers and to the east is the Regional
Commercial (C-3) zone developed with an office building, LA Fitness and
commercial strip shopping center.
(c) The project site's current zoning designation of A-1-15,000 (Light
Agricultural -Minimum Lot Size 15,000 Square).
(d) The Application request is for approval to change the existing zoning to
Community Commercial (C-2).
(e) The Planning Commission, after due consideration of public
testimony, staff analysis and deliberations finds that the
existing zoning shall be changed from Agricultural -Minimum
Lot Size 15,000 Square (A-1-15,000) 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 property size (approximately 2.22
acres), type of development that would be appropriate for this
and uses, it is appropriate that the existing zoning be changed to C2.
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 zoning is located near 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 land uses appropriate for the C-2 zone
as listed within the Development Code.
(b) All future development for the project site shall be subject to Development
Review and all 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.
The Planning Commission
(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 Diamond Bar Project Company, 11618 South Street,
Artesia, CA 90701 and CMC Architects, Myung Chung, 3380 Flair Drive, El
Monte, CA 91731.
APPROVED AND ADOPTED THIS 8TH OF JUNE 2004, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY: �(l A—' Dan olan, 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 8th day
of June 2004, by the following vote:
AYES: Commissioners: McManus, Tye, Low, VC/Tanaka, C/Nolan NOES: None
ABSENT: None
ABSTAIN: None
ATTEST