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HomeMy WebLinkAboutPC 2005-04PLANNING COMMISSION RESOLUTION NO. 2005-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2002-03(l) IN ORDER TO CONSTRUCT A TWO-STORY OFFICE BUILDING - OF APPROXIMATELY 25,000 GROSS SQUARE FEET. THE PROJECT SITE IS LOCATED AT 21671 GATEWAY CENTER DRIVE (LOT 4, TRACT NO. 39679), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner/applicant, Dr. Akbar Omar has filed an application for a one year extension of time for Development Review No. 2002-03(1) for a property located at 21671 Gateway Center Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for Development Review shall be referred to as the "Application." 2. On January 27, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On January 27, 2005, public hearing notices were mailed to approximately 11 property owners within a 700 -foot radius of the project site. On January 26, 2005, the project site was posted with a display board and the public notice was posted in three public places. 3. On February 8, 2005, 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 for the project identified above in this Resolution and pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the Initial Study review and Negative Declaration No. 2002-06 was prepared. The Negative Declaration's review period began October 1, 2002, and ended October 20, 2002. On December 10, 2002, the Planning Commission adopted Negative Declaration No. 2002-06. The request for an extension of time does not alter the approved project. Additionally, there is no new environmental information related to this project. 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 site is an irregular-shaped, vacant lot located within a business complex identified as Gateway Corporate Center. The project site is approximately 2.033 gross acres with an existing pad of approximately 40,000 square feet. The site is bound by a descending Slope on the north facing the Orange (SR -57) Freeway, by Gateway Center Drive on south, by Lot 5 — V -Tek on the west and the Holiday Inn Select hotel on the east. The project site contains a sanitary sewer easement, approximately ten feet wide, that follows the north property and angles toward the west property line. The project site was mass graded as part of the overall grading for the corporate complex. The pad area is generally free of vegetation with the exception of moderate weed growth. The north descending slope is vegetated with trees and bushes planted as part of the Gateway Corporate Center's master landscape plan. (b) The project site has a General Plan land use designation of Professional Office (OP). (c) The project site zoned Commercial -Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C). (d) Generally, the following zones and use surround the project site: To the north is the Orange Freeway (SR 57); and to the south, east and west is the C-M-BE-U/C zone. (e) The Application request is for an approval of a one year extension.of time for Development Review No. 2002-03 approved by the Planning 2 Commission on December 10, 2002, via Resolution No. 2002-47. Additionally, the extension of time request does not change the approved project in any way.. 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 project; There have been no changes to the provision of the General Plan, any applicable specific plan, or the Development Code that would affect approved Development Review No. 2002-03. The subject project 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 the Planning Commission via Resolution No. 2002-47 will remain in full force and effect. (g) If the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods not to exceed six months each. The applicant has been working on processing the subject project after the Planning Commission's approval. Currently, the applicant is processing this project through the Building and Safety Division and Public Works Division. For the Building and Safety Division, the applicant is in the plan check process and has corrections to address. For the Public Works Division, the traffic report and geotechnical report has corrections which the applicant is required to address. As a result, staff is recommending a one year extension of time in order to allow the applicant additional time to complete the City's process prior to the issuance of any City permits. 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 Development Review No. 2002-03 approved via Planning Commission Resolution No. 2002-47. and Exhibit "A" dated October 22, 2002, as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2002-03 approved via Planning Commission Resolution No. 2002-03 shall remain in full force and effect except as amended herein. 3 (c) This extension of time is valid for one year and shall be exercised (i.e., construction started) within that period or this approval shall expire on December 10, 2005. (d) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. Further, this approval 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Dr. Akbar Omar, 222 N. Sunset Avenue, West Covina, CA 91790. APPROVED AND ADOPTED THIS 8Th OF FEBRUARY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Jack Tanaka, Vice 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 February 2005, by the following vote: AYES: Commissioners: NOES: Commissioners McManus, Tye, Low, WC Tanaka None ABSENT: Commissioners: Nolan ABSTAIN: Commissi ers: None f F, ATTEST: ames De tefano, Secretary In PLANNING COMMISSION RESOLUTION NO. 2005-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2002-03(I) IN ORDER TO CONSTRUCT A TWO-STORY OFFICE BUILDING OF APPROXIMATELY 25,000 GROSS SQUARE FEET. THE PROJECT SITE IS LOCATED AT 21671 GATEWAY CENTER DRIVE (LOT 4, TRACT NO. 39679), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner/applicant, Dr. Akbar Omar has filed an application for a one year extension of time for Development Review No. 2002-03(1) for a property located at 21671 Gateway Center Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time for Development Review shall be referred to as the "Application." 2. On January 27, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On January 27, 2005, public hearing notices were mailed to approximately 11 property owners within a 700 -foot radius of the project site. On January 26, 2005, the project site was posted with a display board and the public notice was posted in three public places. 3. On February 8, 2005, 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 for the project identified above in this Resolution and pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the Initial Study review and Negative Declaration No. 2002-06 was prepared. The Negative Declaration's review period began October 1, 2002, and ended October 20, 2002. On December 10, 2002, the Planning Commission adopted Negative Declaration No. 2002-06. The request for an extension of time does not alter the approved project. Additionally, there is no new environmental information related to this project. 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 site is an irregular-shaped, vacant lot located within a business complex identified as Gateway Corporate Center. The project site is approximately 2.033 gross acres with an existing pad of approximately 40,000 square feet. The site is bound by a descending slope on the north facing the Orange (SR -57) Freeway, by Gateway Center Drive on south, by Lot 5 - V -Tek on the west and the Holiday Inn Select hotel on the east. The project site contains a sanitary sewer easement, approximately ten feet wide, that follows the north property and angles toward the west property line. The project site was mass graded as part of the overall grading for the corporate complex. The pad area is generally free of vegetation with the exception of moderate weed growth. The north descending slope is vegetated with trees and bushes planted as part of the Gateway Corporate Center's master landscape plan. (b) The project site has a General Plan land use designation of Professional Office (OP). (c) The project site zoned Commercial -Manufacturing -Billboard Exclusion-Unilateral Contract (C-M-BE-U/C). (d) Generally, the following zones and use surround the project site: To the north is the Orange Freeway (SR 57); and to the south, east and west is the C-M-BE-U/C zone. (e) The Application request is for an approval of a one year extension.of time for Development Review No. 2002-03 approved by the Planning 2 Commission on December 10, 2002, via Resolution No. 2002-47. Additionally, the extension of time request does not change the approved project in any way.. Extension of Time Findings M (9) 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 project; There have been no changes to the provision of the General Plan, any applicable specific plan, or the Development Code that would affect approved Development Review No. 2002-03. The subject project 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 the Planning Commission via Resolution No.2002-47 will remain in full force and effect. If the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the review authority shall grant an extension for up to two successive periods not to exceed six months each. The applicant has been working on processing the subject project after the Planning Commission's approval. Currently, the applicant is processing this project through the Building and Safety Division and Public Works Division. For the Building and Safety Division, the applicant is in the plan check process and has corrections to address. For the Public Works Division, the traffic report and geotechnical report has corrections which the applicant is required to address. As a result, staff is recommending a one year extension of time in order to allow the applicant additional time to complete the City's process prior to the issuance of any City permits. 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 Development Review No.2002-03 approved via Planning Commission Resolution No. 2002-47. and Exhibit "A" dated October 22, 2002, as submitted and approved by the Planning Commission and as amended herein. (b) All conditions of approval for Development Review No. 2002-03 approved via Planning Commission Resolution No. 2002-03 shall remain in full force and effect except as amended herein. 3 (c) This extension of time is valid for one year and shall be exercised (i.e., construction started) within that period or this approval shall expire on December 10, 2005. (d) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. Further, this approval 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Dr. Akbar Omar, 222 N. Sunset Avenue, West Covina, CA 91790. APPROVED AND ADOPTED THIS 8Th OF FEBRUARY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY. Jack Tanaka, Vice 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 February 2005, by the following vote: AYES: Commissioners: McManus, Tye, Low, V/C Tanaka NOES: Commissioners: None ABSENT: Commissioners: Nolan ABSTAIN: Commissioners: None ATTEST: ames De efano, Secretary 4