HomeMy WebLinkAboutRES 99-12RESOLUTION NO. 99-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING GENERAL PLAN AMENDMENT NO. 98-1
A. RECITALS.
On April 18, 1989, the City of Diamond Bar was established as a duly organized
municipal corporation of the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting
the Los Angles County Code as the ordinances of the City of Diamond Bar. Title
21 of the Los Angeles County Code contains the Subdivision Code of the County
of Los Angeles applicable to development applications within the City of
Diamond Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The
General Plan establishes goals, objectives and strategies to implement the
community's vision for its future.
3. The City of Diamond Bar has determined that the existing Land Use Element,
Objective 1.5, Strategy 1.5.3 relating to Open Space contained within the City of
Diamond Bar General Plan required modification to meet the City's goals and
objectives in terms of the type of development envisioned by the General Plan.
4. The Planning Commission of the City of Diamond Bar conducted a duly noticed
public hearing with regard to the General Plan Amendment No. 98-1. The public
hearing was opened on January 12, 1999 and concluded on January 26, 1999.
The Planning Commission considered, individually and collectively, the General
Plan Amendment No. 98-1, Land Use Element, Objective 1.5, Strategy 1.5.3.
6. On January 26, 1999 the Planning Commission recommended that the City
Council approve General Plan Amendment No. 98-1 attached hereto as Exhibit
«A„
7. The Planning Commission, after due consideration of public testimony, staff
analysis and the Commission's deliberations has determined that the General Plan
Amendment No. 98-1 attached hereto as Exhibit "A" implements the goals of the
City.
8. The City Council conducted a duly noticed public hearing on GPA No. 98-1 on
March 2, 1999.
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PASSED, APPROVED AND ADOPTED THIS 2D DAY OF MARCH 1999,
BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
MAYOR
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was introduced, passed, and adopted, at a regular meeting of the City Council held on
the 2nd day of March, 1999, by the following vote:
AYES: COUNCILMEMBERS: Ansari, Huff, MPT/O' Connor
M/Chang
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Herrera
ABSTAINED: COUNCILMEMBERS: None
ATTEST:
ynda Burgess, City Clerk
City of Diamond Bar
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City of Diamond Bar
GPA 98-1
EXHIBIT "A"
The Diamond Bar General Plan, Land Use Element, Objective 1.5, Strategy 1.5.3 is amended to
read as follows:
"Land designated as Open Space by deed (dedication, condition, covenant, and/or
restriction), by open space easement (CGC Section 51070 et seq.) or by map restriction
(explicit or previous subdivision) must comply with an established review and decision
making process prior to the recision, termination, abandonment and/or removal of an
open space dedication easement and/or restriction.
Any decision to rescind, terminate, abandon, remove or modify a deed must be supported
by findings that the decision is of significant benefit to the City.
(a) Vacant land which deed is burdened by an open space dedication,
condition, covenant and or restriction shall be required to be subject to the
abandonment process substantially similar to that which is set forth in
CGC Section 51090 et seq.
(b) Vacant land which is burdened by an open space easement pursuant to CGC
Section 51070 et seq. shall be required to be subject to the abandonment
process set forth in CGC Section 51090 et seq.
(c) Vacant land which is burdened by an explicit open space designation
delineated upon a map which was the result of a previous subdivision
approval shall be required to be subjected to at least one public hearing
before the City Council prior to any action to remove said restriction.
A decision to rescind, terminate, abandon, remove or modify an open space deed, map
restriction or OS land use designation must be preceded by both a finding by the City
Council that the decision confers a significant benefit on the City and a favorable vote of
the electorate at a regular or special election."
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9. The 1995 General Plan remains properly integrated and internally consistent as
required by California Government Code Section 65300.5.
10. Pursuant to Government Code Section 65090 and 65353, notification of the public
hearing for this project was published in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers on February 18, 1999 in a one eighth
page legal advertisement.
11. All legal prerequisites to the adoption of this resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of
the City of Diamond Bar, as follows:
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. The City Council hereby determines that there is no substantial evidence that the
General Plan Amendment No. 98-1 will have a significant effect on the
environment and therefore is categorically exempt pursuant to the requirements of
the California Environmental Quality Act of 1970, as amended, and the guidelines
promulgated thereunder, pursuant to Section 15317 of Article 19 of Chapter 3 of
Division 13 of Title 14 of the California Code of Regulations.
The City Council hereby specifically finds and determines that, having considered
the record as a whole including the findings set forth below, there is no evidence
before this City Council that the General Plan Amendment No. 98-1 proposed
herein will have the potential of an adverse effect on wildlife resources or the
habitat upon which the wildlife depends. Based upon substantial evidence, this
City Council hereby rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of Regulations.
4. The City Council finds and determines that General Plan Amendment No. 98-1 is
consistent and compatible with and implements the goals, objectives and
strategies of the City of Diamond Bar General Plan.
The City Council hereby adopts General Plan Amendment No. 98-1 for the City
of Diamond Bar attached hereto as Exhibit "A" and incorporated herein by
reference.
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