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HomeMy WebLinkAboutORD 10 (2005)A. B. ORD AN ORDINANCE OF THE CIT APPROVING ZONE CHANGE ZONING FROM NEIGHBOH( COMMERCIAL (C-2) FOR P BAR BOULEVARD BETWEE. SPRINGS LANE, DIAMONI THROUGH 51. RECITALS. The applicant, Michael McCarth Zone Change No. 2004-01 as di Ordinance, the subject zone cha NO. 10-2005 COUNCIL OF THE CITY OF DIAMOND BAR 10. 2004-01 - A REQUEST TO CHANGE THE OD COMMERICAL (C-1) TO COMMUNITY IOPERTIES LOCATED WEST OF DIAMOND FOUNTAIN SPRINGS ROAD AND COLD BAR, CALIFORNIA; APN:8285-020-31 of Country Hills DB, LLC, has filed an application for scribed in the title of this Ordinance. Hereinafter in this ige request shall be referred to as the "Application." 2. On September 23, 2005, Planning Commission 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 t e San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25 and continued t November 8 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and co cluded said hearing on that date. 4. On October 25, 2005, City Council public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On October 25, 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 Valle Tribune and Inland Valley Daily Bulletin newspapers. 5. On November 15 and continued to December 6, 2005, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and concluded said hearing on that date. 6. All legal prerequisites prior to the doption of this Ordinance have occurred. ORDINANCE. NOW, THEREFORE, it is found, Diamond Bar as follows: ined and resolved by the City Council of the City of This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the City Council during the above referenced meeting on November 15 and December G, 2005 including written and oral staff reports, this Council hereby specifically finds as follows: a. The Application applies fo property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developec 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 Neighb rhood Commercial to Community Commercial will allow a wider range of use that implements the City's economic goals and policies. d. The City Council hereby finds that the Application identified above in this Ordinance, has been rev ewed 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, cultura resources, hazardous materials, noise and traffic/transportation. Howe er, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A Mitigated Negative Declaration will b issued. e. The City Council 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 Council 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 Council 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 City Council hereby approves Zone Change No. 2004-01 attached hereto 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 Parcel Nos. 8285-1 Commercial (C-2). (2) The City Clerk is dir property's new zone PASSED, APPROVED AND AD COUNCIL OF THE CITY OF DIAMOND BAR. AN Carol Herrera, Mayor stain Springs Road and Cold Springs Lane, Assessor 1 through 8285-020-51 shall be zoned Community d to amend the Zoning Map to reflect the referenced ignation. D THIS 3RD OF JANUARY, 2006, BY THE CITY I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meetin of the City Council of the City of Diamond Bar held on the 6th day of December , 2005 aid was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on thE qday of vote: , 2006 by the following AYES: Council Members: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None Linda C. Lowry, Cit Clerk, City of Diamond Bar