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HomeMy WebLinkAboutPC 2007-44PLANNING COMMISSION RESOLUTION NO. 2007-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 2006-01 AND PLANNED DEVELOPMENT OVERLAY NEGATIVE DECLARATION NO. 2007-03 WHICH CHANGES THE EXISTING ZONING FROM NEIGHBORHOOD COMMERCIAL (C-1) TO HIGH DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RH-PD) FOR PROPERTY LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8281-028-030). A. RECITALS 1. The property owner/applicant, Mr. Joe Kwok, GSDB Investment Group, LLC, has filed an application for Zone Change No. 2006-01 for a property identified as APN No. 8281-028-030 and located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change and Negative Declaration shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On September 11, 2007, 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 required a Negative Declaration (ND). No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 -day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the Planning Commission has reviewed the ND and related documents in reference to the Application. 3. Based on substantial evidence presented to the Planning Commission during the above referenced meeting on September 11, 2007, including the written and oral staff report, together with public testimony, the Planning Commission hereby finds as follows: Zone Change (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini -mart with drive-thru known as Diamond Jim's Dairy. (b) Generally the following zones and uses surround the project site: 1 PIan Zone Uses Site Project Genera High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre (RH) North & RH C-1 and R-1-8,000 Residential & Condoms West South Low Density Residential R-3-8,000 Church Maximum 3 Dwelling Units Per acre (RL) (c) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC and a current zoning designation of Neighborhood Commercial (C-1) 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 C-1 to High Density Residential -Planned Development (RH-PD) which is a City nomenclature and in compliance with the General Plan and construct a nine unit detached residential condominium project. (e) In accordance to the General Plan, the maximum gross density for the RH land use designation is 20 dwelling units per acre.. The Commission has determined that the High Density Residential (RH) zone implements the Strategies of the General Plan. (f) The property will be able to adhere to the development standards for the RH zoning district as prescribed in the City's Development Code. (g) The Planned Development Overlay District is needed to modify the setback of four condominium units because of the angle of the rear 2 Planning Commission Resolution No. 2007-44 l property line and increase wall height due to grade difference between the subject property and its neighboring parcels. (h) The Planned Development Overlay District is consistent with the General Plan goals and policies in that the proposed project does not exceed the allowed density and with an approved zone change, the zone will be in compliance with the General Plan. 4. Based upon the findings and conclusions set above, the Planning Commission recommends change from Neighborhood Commercial (C-1 Planned Development (RH-PD). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and forth in paragraph 1, 2, and 3 to the City Council the zone to High Density Residential - (b) Forthwith transmit a certified copy of this Resolution by certified mail: to Mr. Joe Kwok, GSDB Investment Group, LLC City, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: AV -C— Steve Nelson, Chairman I, Nancy 1=ong, 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 11th day of September 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None i ATTIEST: /� V rnc'� Nancy Fon ecret ry 3 ZC 2006-01 / TTM 64881 PLANNING COMMISSION RESOLUTION NO. 2007-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 2006-01 AND PLANNED DEVELOPMENT OVERLAY NEGATIVE DECLARATION NO. 2007-03 WHICH CHANGES THE EXISTING ZONING FROM NEIGHBORHOOD COMMERCIAL (C-1) TO HIGH DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RH-PD) FOR PROPERTY LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8281-028-030). A. RECITALS 1. The property owner/applicant, Mr. Joe Kwok, GSDB Investment Group, LLC, has filed an application for Zone Change No. 2006-01 for a property identified as APN No. 8281-028-030 and located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change and Negative Declaration shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On September 11, 2007, 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 required a Negative Declaration (ND). No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 -day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the Planning Commission has reviewed the ND and related documents in reference to the Application. 3. Based on substantial evidence presented to the Planning Commission during the above referenced meeting on September 11, 2007, including the written and oral staff report, together with public testimony, the Planning Commission hereby finds as follows: Zone Change (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini -mart with drive-thru known as Diamond Jim's Dairy. (b) Generally the following zones and uses surround the project site: Site General Plan Zone Uses Project High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre (RH) North & RH C-1 and R-1-8,000 Residential & West Condoms South Low Density Residential R-3-8,000 Church Maximum 3 Dwelling Units Per acre (RL) (c) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC and a current zoning designation of Neighborhood Commercial (C-1) 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 C-1 to High Density Residential -Planned Development (RH-PD) which is a City nomenclature and in compliance with the General Plan and construct a nine unit detached residential condominium project. (e) In accordance to the General Plan, the maximum gross density for the RH land use designation is 20 dwelling units per acre.. (f) (9) The Commission has determined that the High Density Residential (RH) zone implements the Strategies of the General Plan. The property will be able to adhere to the development standards for the RH zoning district as prescribed in the City's Development Code. The Planned Development Overlay District is needed to modify the setback of four condominium units because of the angle of the rear 2 Planning Commission Resolution No. 2007-44 property line and increase wall height due to grade difference between the subject property and its neighboring parcels. (h) The Planned Development Overlay District is consistent with the General Plan goals and policies in that the proposed project does not exceed the allowed density and with an approved zone change, the zone will be in compliance with the General Plan. 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 Neighborhood Commercial (C-1) to High Density Residential - Planned Development (RH-PD). 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. Joe Kwok, GSDB Investment Group, LLC City, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 11th day of September 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: ecret 3 ZC 2006-01 / TTM 64881