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Home My WebLink AboutRES 2011-04CITY COUNCIL RESOLUTION NO. 2011- 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE -UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NUMBER 8281-028-030). A. RECITALS 1. Property Owner and Applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, has filed an application request for a one-year extension of time for 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." 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. At that time, the City Council adopted Resolution No. 2007-62 and 2007-63 approving the 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 December 31, 2010, 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. 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. At that time, the Planning Commission recommended that the City Council approve the time extension, subject to conditions. 2011--04 8. On February 4, 2011, 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. 9. 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. On November 20, 2007, the City Council determined the Project required a Negative Declaration (ND) and approved the ND and related documents in reference to the Project. 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 no further environmental review is required to extend the time limit for the approved project. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code Section 22.66.050, this City Council hereby finds as follows: Extension of Time Findings 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. 2007-62 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 City Council Resolution No. 2011 -XX 2011--04 Since the time that the City Council approved 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 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 that the City Council 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. Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.66.050, the City Council hereby finds and approves the time extension of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, 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. 2007-62 and 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, 2011. The City Council 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 15t' DAY OF FEBRUAY 2011, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. By: Steve Tye, Mayhr 3 City Council Resolution No. 2011 -XX 2011-04 I, Tommye Cribbins, City Clerk of the City of Diamond Bar, d o hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 15th day of February, 2011, by the following vote: AYES: Council Member: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: Council Member: None ABSENT: Council Member: None ABSTAIN: Council Member: None O'UL Tcmm e Cribbins, City Clerk City of Diamond Bar 0 City Council Resolution No. 2011 -XX ,)ni i - nn