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HomeMy WebLinkAboutPC 2007-02A. PLANNING COMMISSION RESOLUTION NO. 2007-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 2006-02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH #2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM WHICH CHANGES THE EXISTING ZONING FROM R-1-10,000 TO LOW DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RL -PD) FOR PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8714-028-003). (RECITALS The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for Zone Change No. 2006-02 for a property identified as APN No. 8714-028-003 located at the southern terminus of Crooked Creek Drive, Diamond Bar, Los Angeles County, California_ Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On September 14, 2006, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on November 23, 2005, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the September 14, 2006, Planning Commission public hearing. On September 15, 2006, 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 September 19, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 10, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to November 28, 2006, to allow the applicant time to address the Commission's concerns. �I. On November 28, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to December 12, 2006, to allow the applicant additional time to address the Commission's concerns. 5. On December 12, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to January 9, 2007, to allow the applicant additional time to address the Commission's concerns. 6. On January 9, 2007, the Planning Commission concluded the public hearing. 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 required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period for the MND began July 28, 2006, and ended August 28, 2006. Furthermore, the Planning Commission has reviewed the MND and related documents in reference to the Application. 3. Based on substantial evidence presented to the Planning Commission during the above referenced meetings on October 10, November 28, and December 12, 2006, and January 9, 2007, including the written and oral staff report, together with public testimony, the Planning Commission hereby finds as follows: Zone Change (a) The project relates to vacant land located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the 2 Planning Commission Resolution No. 2007-02 west is the R-1-7,500 zone and residences, flood control channel and SR -57; and to the south is the A-2-1 zone and vacant land. (c) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) which was a Los Angeles County nomenclature adopted when the City was incorporated. (d) The Application request is for approval to change the existing zoning designation of R-1-10,000 to Low Density Residential (RL - PD) which is a City nomenclature. (e) In accordance to the General Plan, the maximum gross density for the RL land use designation is 3.0 dwelling units per acre or less. The Commission has determined that the Low Density Residential (RL) zone implements the Strategies of the General Plan. (f) The property will be able to adhere to the development standards for the RL zoning district as prescribed in the City's Development Code. (g) The Planned Development Overlay District is needed to reduce the square footage of each lot in order to preserve the open space identified as Lot "C". As such, the project has been reduced to 16 dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units per acre. (h) The Planned Development Overlay District is consistent with the General Plan goals and policies in that clustering is used in order to preserve open space and natural resources. (i) With the Planned Development Overlay District, the future detached single-family residences will still be able to comply with all required Development Code and Municipal Code standards. 4. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above, the Planning Commission recommends to the City Council the zone change from Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) to Low Density Residential (RL). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 3 Planning Commission Resolution No. 2007-02 (b) Forthwith transmit a certified copy of this Resolution by certified mail: to Daniel Singh, Jewel Ridge, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. V ��Steve Nelson, Chairman I, Nancy Fong, 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 9th day of January 2007, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: Nolan, Wei, VC/Torng', Chair/Nelson Lee None None ATTEST: ancy F , Secr ary 4 Planning Commission Resolution No. 2007-02 PLANNING COMMISSION RESOLUTION NO. 2007-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 2006-02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH # 2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM WHICH CHANGES THE EXISTING ZONING FROM R-1-10,000 TO LOW DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RL -PD) FOR PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8714-028-003). A. RECITALS The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for Zone Change No. 2006-02 for a property identified as APN No. 8714-028-003 located at the southern terminus of Crooked Creek Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On September 14, 2006, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on November 23, 2005, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the September 14, 2006, Planning Commission public hearing. On September 15, 2006, 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 September 19, 2006, 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 10, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to November 28, 2006, to allow the applicant time to address the Commission's concerns. 4. On November 28, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to December 12, 2006, to allow the applicant additional time to address the Commission's concerns. 5. On December 12, 2006, the Planning Commission of the City of Diamond Bar conducted the continued public hearing. At that time, the Planning Commission continued the public hearing to January 9, 2007, to allow the applicant additional time to address the Commission's concerns. 6. On January 9, 2007, the Planning Commission concluded the public hearing. 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 required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period for the MND began July 28, 2006, and ended August 28, 2006. Furthermore, the Planning Commission has reviewed the MND and related documents in reference to the Application. 3. Based on substantial evidence presented to the Planning Commission during the above referenced meetings on October 10, November 28, and December 12, 2006, and January 9, 2007, including the written and oral staff report, together with public testimony, the Planning Commission hereby finds as follows: Zone Change (a) The project relates to vacant land located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the 2 Planning Commission Resolution No. 2007-02 west is the R-1-7,500 zone and residences, flood control channel and SR -57; and to the south is the A-2-1 zone and vacant land. (c) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) which was a Los Angeles County nomenclature adopted when the City was incorporated. (d) The Application request is for approval to change the existing zoning designation of R-1-10,000 to Low Density Residential (RL - PD) which is a City nomenclature. (e) In accordance to the General Plan, the maximum gross density for the RL land use designation is 3.0 dwelling units per acre or less. The Commission has determined that the Low Density Residential (RL) zone implements the Strategies of the General Plan. (f) (9) The property will be able to adhere to the development standards for the RL zoning district as prescribed in the City's Development Code. The Planned Development Overlay District is needed to reduce the square footage of each lot in order to preserve the open space identified as Lot "C". As such, the project has been reduced to 16 dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units per acre. (h) The Planned Development Overlay District is consistent with the General Plan goals and policies in that clustering is used in order to preserve open space and natural resources. (i) With the Planned Development Overlay District, the future detached single-family residences will still be able to comply with all required Development Code and Municipal Code standards. 4. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above, the Planning Commission recommends to the City Council the zone change from Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) to Low Density Residential (RL). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 3 Planning Commission Resolution No. 2007-02 (b) Forthwith transmit a certified copy of this Resolution by certified mail: to Daniel Singh, Jewel Ridge, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, Nancy Fong, 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 9th day of January 2007, by the following vote: AYES: Commissioner: Nolan, Wei, VC/Torng', Chair/Nelson NOES: Commissioner: Lee ABSENT: Commissioner: None ABSTAIN: Commissioner: None ATTEST: 4 Planning Commission Resolution No. 2007-02