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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 Dailv
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.
12. On April 3, 2012, 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.
13. On November 28, 2012, applicant, Joe Kwok, on behalf of GSDB
Investment Group, LLC, filed a request for a one-year extension of time for
the Project.
14. On February 15, 2013, notification of the public hearing for this project
was published in the San Gabriel Valley Tribune and the Inland Valley
Daily Bulletin newspapers. On February 19, 2013, 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.
15. On February 26, 2013, the Planning Commission of the City of Diamond
Bar opened the public hearing to accept testimony from the public. The
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Planning Commission Resolution No. 2013-06
item was then continued because the City did not receive the mailing
labels in order to send public hearing notices at least 10 days prior to the
public hearing date.
16. On March 12, 2013, 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.
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. 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:
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 a// conditions of
approval adopted by City Council Resolution No. 2007-62 and 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
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Planning Commission Resolution No 2013-06
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.
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,
2013.
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.
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Planning Commission Resolution No. 2013-06
APPROVED AND ADOPTED THIS 12" DAY OF MARCH 2013, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve Nelson, 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 12th day of March, 2013, by the following vote:
AYES: Commissioners: Farago, Shah, VC/Torng, Chair/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: Lin
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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CUP 2007-10/DR 2006-11