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HomeMy WebLinkAboutPC 2005-38PLANNING COMMISSION RESOLUTION NO. 2005-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE NO. 2004-01 FOR PROPERTIES LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA; APN: 8285-020-31 THROUGH 51. A. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for Zone Change No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject zone change request shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and continued the public hearing to November 8, 2005. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. 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. Based upon substantial evidence presented to the Planning Commission during the meetings on October 25 and November 8, 2005. including written and oral staff reports, this Commission hereby specifically finds as follows: a. The Application applies to property generally located on the west side of Diamond Bar Boulevard between f=ountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. b, Concurrent with the Zone Change request is the request to renovate the entire shopping center and to add two new office buildings. The renovation will revitalize the shopping center which implements the economic goals of the General Plan. C. The change from Neighborhood Commercial to Community Commercial will allow a wider range of use that implements the City's economic goals and policies. d. The Planning Commission hereby finds that the Application identified above in this Resolution, has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 and guidelines promulgated thereunder. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A Mitigated Negative Declaration will be issued. e. 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 Zone Change 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 and recommends as follows: 2 Planning Commission Resolution No. 2005-38 (a) The City Council adopt Zone Change No. 2004-01 as delineated on the City's Zoning Map identified as Exhibit "A" and incorporated herein by reference: (1) That the existing commercial area located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Assessor Parcel Nos. 8285-020-31 through 8285-020-51 shall be zoned Community Commercial (C-2). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 8TH OF NOVEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: L/ uth M. Low, Vice Chairperson I, Nancy Fong, Acting 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 25th day of October 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Coppmissigper: ATTEST: tNL Nancy Fong, S cretary Torng, Lee, Nolan, VIC Low None Chair/McManus None 3 Planning commission Resolution No. 2005-38 PLANNING COMMISSION RESOLUTION NO. 2005-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE NO. 2004-01 FOR PROPERTIES LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA; APN: 8285-020-31 THROUGH 51. A. RECITALS 1. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for Zone Change No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject zone change request shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and continued the public hearing to November 8, 2005. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. 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. Based upon substantial evidence presented to the Planning Commission during the meetings on October 25 and November 8, 2005. including written and oral staff reports, this Commission hereby specifically finds as follows: a. The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. b, Concurrent with the Zone Change request is the request to renovate the entire shopping center and to add two new office buildings. The renovation will revitalize the shopping center which implements the economic goals of the General Plan. c. The change from Neighborhood Commercial to Community Commercial will allow a wider range of use that implements the City's economic goals and policies. d. The Planning Commission hereby finds that the Application identified above in this Resolution, has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 and guidelines promulgated thereunder. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A Mitigated Negative Declaration will be issued. e. 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 Zone Change 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 and recommends as follows: 2 Planning Commission Resolution No. 2005-38 (a) The City Council adopt Zone Change No. 2004-01 as delineated on the City's Zoning Map identified as Exhibit "A" and incorporated herein by reference: (1) That the existing commercial area located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Assessor Parcel Nos. 8285-020-31 through 8285-020-51 shall be zoned Community Commercial (C-2). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 8TH OF NOVEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. f BY: 4 uth M. L ow, Vice Chairperson I, Nancy Fong, Acting 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 25th day of October 2005, by the following vote: AYES: Commissioner: Torng, Lee, Nolan, V/C Low NOES: Commissioner: None ABSENT: Commissioner: Chair/McManus ABSTAIN: Commissioner: None ATTEST: 3 Planning Commission Resolution No. 2005-38