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HomeMy WebLinkAboutPC 2009-07PLANNING COMMISSION RESOLUTION NO. 2009-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2007-11, MINOR CONDITIONAL USE PERMIT NO. 2007-07 AND MINOR VARIANCE NO. 2007-03 FOR THE CONSTRUCTION OF A 4,739 SQUARE -FOOT COMERICAL BUILDING WITH A DRIVE-THROUGH RESTAURANT AT 22438 GOLDEN SPRINGS DRIVE (ASSESOR'S PARCEL NUMBER 8293-045-130) A. RECITALS. On April 10, 2007, Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 were approved by the Planning Commission to allow the construction of an approximately 4,700 square -foot commercial building with a drive-through restaurant at the northeast corner of Lavender and Golden Springs Drive in the Diamond Bar Village Shopping Center, 22438 Golden Springs Drive ("Project"). This approval included an initial two-year expiration date for the applicant to commence construction. 2. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to granttime extension forapproved projects, provided that certain findings can be made to establish good cause for such time extensions. 3. Applicant, Charlie Shen, on behalf of CFT Developments, LLC, has filed a request for a one-year extension of time for the Project. 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and the notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 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. 3. On April 28, 2009, 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. On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Report for the Diamond Bar Village Specific Plan and related General Plan, Zone Change, and Development Agreement. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings (a) 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 construction of a commercial building with a drive-through 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 Resolution No. 2007-21 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 Planning Commission approval of the Project, 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 Planning Commission approved the project 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. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 2 Planning Commission Resolution No. 2009-07 (a) The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. (b) All conditions of approval for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 approved by Planning Commission Resolution No. 2007-21 shall remain in full force and effect except as amended herein. (c) This approval shall extend the expiration date of Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 to April 10, 2010. 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: Charlie Shen, CFT Developments LLC, 1683 Grove Avenue, Rosemead CA 91770. APPROVED AND ADOPTED THIS 28TH OF APRIL 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ToriyTorng, ChairM6n` 'ell, I, Greg Gubman, 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 April, 2009, by the following vote: AYES: Commissioners: Nolan, VC/Nelson, Lee, Shah, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 3 Planning Commission Resolution No. 2009-07 PLANNING COMMISSION RESOLUTION NO. 2009-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2007-11, MINOR CONDITIONAL USE PERMIT NO. 2007-07 AND MINOR VARIANCE NO. 2007-03 FOR THE CONSTRUCTION OF A 4,739 SQUARE -FOOT COMERICAL BUILDING WITH A DRIVE-THROUGH RESTAURANT AT 22438 GOLDEN SPRINGS DRIVE (ASSESOR'S PARCEL NUMBER 8293-045-130) A. RECITALS. 1. On April 10, 2007, Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 were approved by the Planning Commission to allow the construction of an approximately 4,700 square -foot commercial building with a drive-through restaurant at the northeast corner of Lavender and Golden Springs Drive in the Diamond Bar Village Shopping Center, 22438 Golden Springs Drive ("Project"). This approval included an initial two-year expiration date for the applicant to commence construction. 2. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to grant time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 3. Appiicant, Charlie Shen, on behalf of CFT Developments, LLC, has filed a request for a one-year extension of time for the Project. 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and the notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 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. 3. On April 28, 2009, 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. On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Report for the Diamond Bar Village Specific Plan and related General Plan, Zone Change, and Development Agreement. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings (a) 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 construction of a commercial building with a drive-through 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 Resolution No. 2007-21 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 Planning Commission approval of the Project, 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 Planning Commission approved the project 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. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 2 Planning Commission Resolution No. 2009-07 (a) The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. (b) All conditions of approval for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 approved by Planning Commission Resolution No. 2007-21 shall remain in full force and effect except as amended herein. (c) This approval shall extend the expiration date of Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 to April 10, 2010. 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: Charlie Shen, CFT Developments LLC, 1683 Grove Avenue, Rosemead CA 91770. APPROVED AND ADOPTED THIS 28TH OF APRIL 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, Chairman I, Greg Gubman, 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 April, 2009, by the following vote: AYES: Commissioners: Nolan, VC/Nelson, Lee, Shah, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 3 Planning Commission Resolution No. 2009-07