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Home My WebLink AboutPC 2012-02PLANNING COMMISSION RESOLUTION NO. 2012-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BA CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A ONE -YEA EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AN I DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE -UNIT RESIDENTIA1 I CONDIMUNIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, C 91765 (APN 8281-028-030). A. RECITALS 1 On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to construct a new nine -unit residential condominium located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Proposed Project." At that time, the Planning Commission adopted Resolution No. 2007-63 recommending City Council approval of the application. 2. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Project. This approval included an initial three-year expiration date for the applicant to commence construction. 3. The subject property is made up of one parcel totaling 0.62 acres. It is located in the High Density Residential -Planned Development Overlay (RH--PD) zone with an underlying General Plan designation of High Density Residential, 4. The legal description of the subject property is Tract 24725 Lot 20. The Assessor's Parcel Number is 8281-028-030. 5. Diamond Bar Municipal Code Section (DBMC) 22.66.050 authorizes the Planning Commission to recommend approval to the City Council for a time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 6. On October 19, 2010, applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, filed a request for a one-year extension of time for the Project, 7. On January 11, 2011, 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 February 15, 2011, the City Council 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. The City Council approved a one year time extension for the applicant to commence construction. 9. On November 11, 2011, applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, filed a request for a one-year extension of time for the Project. 10. On January 13, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 11. On January 24, 2012, 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. 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. On September 11, 2007, the Planning Commission determined the Project required a Negative Declaration (ND). 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 City Council has reviewed and approved the ND and related documents in reference to the Project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.66.050, this Planning COMmission hereby finds as follows: 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code. The construction of a nine -unit residential condominium 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. 2007-63 will remain in full force and effect. 2. 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 the Subdivision Ordinance or the Development Code apply to the project; and Since the time the Planning Commission recommended approval of the project to the City Council, 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 the Subdivision Ordinance or the Development Code apply to the project. 2 Planning Commission Resolution No 2012-02 3. 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 time the Planning Commission recommended the approval of the project to the City Council, 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. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby recommends to City Council the approval of the Application subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the City Council and on file with the Community Development Department. 2. All conditions of approval for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 approved by City Council Resolution No. 2007-63 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to November 20, 2012. 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, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 24th DAY OF JANUARY 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By - J a c 11"I ah, Chairman 1, 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 24th day of January, 2012, by the following vote: AYES: Commissioners: Lin, Nelson, Torng, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: VC/Lee ABSTAIN: Commissioners: None ATTEST: Greg Gubm-a-In, 'Secretary 3 Planning Commission Resolution