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Home My WebLink AboutPC 2020-16PLANNING COMMISSION RESOLUTION NO, 2020-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE CHANGE TO CHANGE THE EXISTING ZONING DISTRICT FROM NEIGHBORHOOD COMMERCIAL (C-1) TO LOW DENSITY RESIDENTIAL (RL) FOR THE 0.26-ACRE PROPERTY LOCATED AT 1111 N. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSOR'S PARCEL NO.8706-008-013). A. RECITALS The property owner, James Chin Chou (Trustee), and applicant, Creative Design Associates, filed an application for the following entitlements: (1) Zone Change to modify the existing zoning district from Commercial (C-1) to Low Density Residential (RL); and (2) Development Review to construct a new 4,333 square - foot, two-story, new single family residence located at 1111 N. Diamond Bar Boulevard, City of Diamond Bar, Los Angeles County, California ("Project Site"). 2. California Government Code Section 65860 requires the City's ordinance to be consistent with the General Plan. The Zone Change results in the General Plan land use designation and zoning district on the subject property to be in conformance with each other. The proposed Zone Change on the Subject Property is exempt from the California Environmental Quality Act (CEQA), as prescribed under CEQA Guidelines Sections 15303(a) (construction of a new single-family residence) and 15061(b)(3) in that "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." The modification will rectify an existing inconsistency between the General Plan and Zoning Maps, and allow for development of an underutilized parcel. Therefore, no further environmental review is required. 4. On March 6, 2020, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site and public notices were posted at the City's four designated community posting sites. On March 13, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. In addition to the posted and mailed notices, the project site was posted with a display board. 5. On March 24, 2020, the Planning Commission hearing was cancelled due to the State and County COVID-19 shelter -in -place orders. On April28, 2020, the project was postponed to the June 23, 2020, hearing. The applicant provided written consent to delay the hearing for up to 90 days, which is the maximum extensions allowable under the Permit Streamlining Act (Gov. Code §65957). 6. On June 12, 2020, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On June 12, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's four designated community posting sites. 7. On June 23, 2020, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 8. On June 23, 2020, the, Planning Commission of the City of Diamond Bar voted 4-1 recommending that the City Council approve the Project. 9. On July 21, 2020, the City Council of the City of Diamond Bar voted 3-2 to remand the matter back to the Planning Commission for a physical public hearing in order to enable the public to attend and provide testimony on the proposed project in person. 10. On August 7, 2020, public hearing notices were mailed to property owners within a 1,000400t radius of the Project site. On August 14, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's four designated community posting sites. 11. On August 25, 2020, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 12. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The 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 has determined that the proposed Zone Change represent a consistent logical, appropriate and rational zoning designation that furthers the goals and objectives of the General Plan; and 3. The Planning Commission hereby recommends City Council approval of Zone Change for the Project (Planning Case No. PL2015-253) based on the following findings, as required by Section 22,70,050 of the Municipal Code and in conformance with California Government Code Section 65853 and 65860: 2 Finding: The Approvals are internally consistent with the General Plan and other adopted goals and policies of the City. Facts in Support of Finding: a. The Zoning Map does not currently reflect the General Plan designation for the property. The Zone Change will place the City's Zoning Map in conformance with the General Plan by designating the Property at Low Density Residential (RL). 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 of the City of Diamond Bar. APPROVED AND ADOPTED THIS 25th DAY OF AUGUST, 2020, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. J By: r ✓% Ke6fieth Mok, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 25t" day of August, 2020, by the following vote: AYES: Commissioners: Barlas, Garg, Wolfe, Chair/Mok NOES: Commissioners: VC/Rawlings ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary ATTACHMENTS: Exhibit A: Amended Zoning Map 3 Exhibit A Adopted July 25, 1995, As Amended Last amended: February 4, 2014 City Council Ordinance 01(2014) an of PDMONA crtroF INDUSTRY CRY OF CHNIO HILLS Zaning �:N:�xn:e,Ne:�nv,t�., ->):Pwmicmnmvn,i _�M. xeamm.e om,b me:Aene,t -G]P a Eommer�MNesi .um .0 �