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HomeMy WebLinkAboutPC 2004-42PLANNING COMMISSION RESOLUTION NO. 2004-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 22987 AND CATEGORICAL EXEMPTION IN ORDER TO SUBDIVIDE A 5.02 ACRE COMMERCIAL SITE INTO THREE LOTS FOR CURRENT AND FUTURE DEVELOPMENT. THE PROJECT SITE IS LOCATED AT 259 GENTLE SPRINGS LANE (LOT 1, PARCEL MAP No. 15547), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner/ applicant, Purshottam N. Patel of Ratan Hospitality, LLC has filed an application for a one year extension of time for Tentative Parcel Map No. 22987 and categorical exemption for a property located at 259 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for Tentative Parcel Map and categorical exemption shall be referred to as the "Application." 2. On September 17, 2004, notification of the public hearing for this project was provided in the San Gabriel Vail ev Tribune and Inland valley Daily Bulletin newspapers. On September 14, 2004, public hearing notices were mailed to approximately 189 property owners within a 700 -foot radius of the project site. On August 15, 2002, the project site was posted with a display board and the public notice was posted in three public places. 3. On September 28, 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: 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 project identified above in this Resolution is categorically exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption 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 wildljfe depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.6 (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 site is approximately 5.02 acres and located at 259 Gentle Springs Lane (Parcel ',1 of Parcel Map No. 15547). The project site is developed with the Blest Western Diamond Bar Hotel, a restaurant structure (Scribbles) and related landscape and parking areas. (b) The project site has a'General Plan land use designation of General Commercial (C). (c) The project site is within the Regional Commercial Planned (C-3) Zone. (d) Generally, the following zones and uses surround the project site: to the north is the Orange (57) Freeway; to the south is the Multi -family Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; to the east is the Commercial Planned Development (C P D) Zone; and to the west is the Orange (57) Freeway, the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP -BE) Zone/self storage facility. (0) The Application request is for an approval of a one year extension of time for Tentative Parcel Map No. 22987. The Planning Commission recommended approval of this map to City Council on August 27, 2002, by means of Resolution No. 2002-27. On October 1, 2002, City Council approved the chap by way of Resolution No. 2002-73. The approval of the map subdivides an existing commercial parcel into three commercial lots as follows: Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area; Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar Motel and related landscaping, ,parking area 2 and swimming pool; and Lot 3 will be one acre. A development project has not been submitted to the City for Lot 3. Tentative Parcel Map Extension of Time Findings (f) There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, or the Development Code applicable to the project since the approval of the Tentative Parcel Map. There have been no changes to the provision of the General Plan, any applicable specific plan, or Subdivision Ordinance. The Development Code/zoning map has been amended to change the zoning of the project site from Commercial Planned Development (CPD) to Regional Commercial (C-3), effective September 20, 2002. The purpose of the zoning change was to allow a wider variety of land uses in order to enhance/promote economic development opportunities. The zone change is consistent with the General Plan's land use designation of General Commercial for the project site. The project, Tentative Parcel Map No. 22987 is consistent with the zoning designation and will' not be altered in any way by approving the requested extension of time and all conditions of approval adopted by City Council by way of Resolution No -2002- 73 will remain in full force and effect (g) There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title (Subdivision Ordinance) or the Development Code apply to the project. Since the City COunc# approval of Tentative Parcel Map No. 22987, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title or the Development Code apply to the project. (h) There have been no changes to the capacities of community resources, including but not limited to watersupply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the City Councilapproval of Tentative Parcel Map No. 22987, there have been noi changes to the capacities of community resources, including bort not limited to watersupply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. 3 8. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval to City Council on the Application subject to the following conditions: (a) The project shall substantially conform to Tentative Parcel Map No. 22987 labeled as Exhibit "A" dated October 1, 2002, as submitted and approved by the City Council, and as amended herein. (b) In accordance with City Council Resolution No. 2002-73, all conditions of approval for Tentative Map No. 22987 shall remain in full force and effect except as amended herein. (c) if applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (d) This extension of time grant is valid for one year and shall be exercised (i.e., map shall be recorded) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing and provide a recommendation to the City Council in accordance with Section 21.02.040, Tablel-1 of the City of Diamond Bar Subdivision Ordinance. (e) 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 thalt 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. (f} 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 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. 4 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: Mr. Purshottam N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741-6625. APPROVED AND ADOPTED THIS 28Th OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY. 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 28th day of September 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: McManus, VC/Tanaka, Low, Chair Nolan Tye ATTEST: N�y —ko ames DE tefano, Secretary 5 PLANNING COMMISSION RESOLUTION NO. 2004-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 22987 AND CATEGORICAL EXEMPTION IN ORDER TO SUBDIVIDE A 5.02 ACRE COMMERCIAL SITE INTO THREE LOTS FOR CURRENT AND FUTURE DEVELOPMENT. THE PROJECT SITE IS LOCATED AT 259 GENTLE SPRINGS LANE (LOT 1, PARCEL MAP No. 15547), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1 The property owner/ applicant, Purshottam N. Patel of Ratan Hospitality, LLC has filed an application for a one year extension of time for Tentative Parcel Map No. 22987 and categorical exemption for a property located at 259 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for Tentative Parcel Map and categorical exemption shall be referred to as the "Application." 2. On September 17, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On September 14, 2004, public hearing notices were mailed to approximately 189 property owners within a 700 -foot radius of the project site. On August 15, 2002, the project site was posted with a display board and the public notice was posted in three public places. 3. On September 28, 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 project identified above in this Resolution is categorically exempt pursuant to Section 15315 (Class 15) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption 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 753.6 (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 site is approximately 5.02 acres and located at 259 Gentle Springs Lane (Parcel',1 of Parcel Map No. 15547). The project site is developed with the Best Western Diamond Bar Hotel, a restaurant structure (Scribbles) and related landscape and parking areas. (b) The project site has aGeneral Plan land use designation of General Commercial (C). (c) The project site is within the Regional Commercial Planned (C-3) Zone. (d) Generally, the following zones and uses surround the project site: to the north is the Orange (57) Freeway; to the south is the Multi -family Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; to the east is the Commercial Planned Development (C P D) Zone; and to the west is the Orange (57) Freeway, the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP -BE) Zone/self storage facility. (e) The Application request is for an approval of a one year extension of time for Tentative Parcel Map No. 22987. The Planning Commission recommended approval of this map to City Council on August 27, 2002, by means of Resolution No. 2002-27. On October 1, 2002, City Council approved the chap by way of Resolution No. 2002-73. The approval of the map subdivides an existing commercial parcel into three commercial lots as follows: Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area; Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar Hotel and related landscaping, parking area 2 and swimming pool; and Lot 3 will be one acre. A development project has not been submitted to the City for Lot 3. Tentative Parcel Map Extension of Time Findings M There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, or the Development Code applicable to the project since the approval of the Tentative Parcel Map. There have been no changes to the provision of the General Plan, any applicable specific plan, or Subdivision Ordinance. The Development Code/zoning map has been amended to change the zoning of the project site from Commercial Planned Development (CPD) to Regional Commercial (C-3), effective September 20, 2002. The purpose of the zoning change was to allow a wider variety of land uses in order to enhance/promote economic development opportunities. The zone change is consistent with the General Plan's land use designation of General Commercial for the project site. The project, Tentative Parcel Map No. 22987 is consistent with the zoning designation and will' not be altered in any way by approving the requested extension of time and all conditions of approval adopted by City Council by way of Resolution No.2002-73 will remain in full force and effect. (g) There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title (Subdivision Ordinance) or the Development Code apply to the project. Since the City Council approval of Tentative Parcel Map No. 22987, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title or the Development Code apply to the project. (h) There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the City Council approval of Tentative Parcel Map No. 22987, there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, toads or schools so that there is no longer sufficient remaining capacity to serve the project. 3 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval to City Council on the Application subject to the following conditions: (a) The project shall substantially conform to Tentative Parcel Map No. 22987 labeled as Exhibit "A" dated October 1, 2002, as submitted and approved by the City Council, and as amended herein. (b) In accordance with City Council Resolution No. 2002-73, all conditions of approval for Tentative Map No. 22987 shall remain in full force and effect except as amended herein. (c) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (d) This extension of time grant is valid for one year and shall be exercised (i.e., map shall be recorded) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing and provide a recommendation to the City Council in accordance with Section 21.02.040, Tablel-1 of the City of Diamond Bar Subdivision Ordinance. (e) (f) 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. 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 chock of $25.00 fora 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 at deminimis impact 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. 4 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: Mr. Purshottam N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741-6625. APPROVED AND ADOPTED THIS 28Th OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 28th day of September 2004, by the following vote: AYES: Commissioners: McManus, VC/Tanaka, Low, Chair Nolan NOES: Commissioners: Tye ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ames De\Stefano, Secretary 5