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HomeMy WebLinkAboutRES 99-30CITY COUNCIL RESOLUTION NO. 99- 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT NO. 92-9 FOR A PROPERTY LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner/applicant, Armut Patel of Sasak Corporation, has filed an application for a one-year extension of time for Tentative Tract Map. No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9. The project site is located east of Morning Sun Avenue and north of Pathfinder Road, Los Angeles County, Diamond Bar, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time shall be referred to as the "Application". 2. On May 17, 1995, the City Council adopted Resolution Nos. 95-21 and 95-22 approving the applicant's project. On May 17, 1995 the map was conditioned to respond to evidence of unresolved geotechnical concerns upon the property. 3. On May 19, 1995 a landslide occurred upon the applicants property. 4. The adopted City Council Resolution Nos. 95-21 and 95-22 contained certain conditions precedent to the signature of the Mayor. The applicant satisfied the conditions and therefore, the Resolutions were signed by the Mayor on August 6, 1996. 5. On January 8, 1997, the Walnut Valley Unified School District approved an agreement with the applicant. The agreement provided for temporary access, temporary reciprocal encroachments, a permanent easement, exchange of property, and consent to the preparation and recordation of the final map. 6. The City Council approval was based on the applicant obtaining a permanent transfer of property from the Walnut Valley Unified School District to the applicant. The permanent transfer of property (approximately 3 acres) would allow the applicant access to the project site from Morning Sun Avenue and allow the applicant to expand the lot and pad size of lots 5, 6, 7, and 8, in order to comply with the required lot size and pad size. 99-30 7. The approved project would subdivide approximately 6.7 acres (owned by the applicant) and approximately 3 acres (owned by the Walnut Valley Unified School District) into a 21 unit, single-family, residential development, along with the removal and replacement of oak and walnut trees and native vegetation according to the approved Mitigation Monitoring Program. 8. The project site has a General Plan land use designation of Low Density Residential (RL Maximum 3 Dwelling Units Per Acre). It is zoned Residential Planned Development -Minimum Lot Size, 10,000 Square Feet -6 Units Per Acre (RPD -10,000-6U). 9. Generally, the following zones and uses surround the project site: to the north is the Single Family Residence -Minimum Lot Size 15,000 Square Feet (R-1-15,000) Zone; and to the east is the Residential Planned Development -Minimum Lot Size 10,000 Square feet -6 Units Per Acre (RPD -100,000-6U) and the Walnut Valley Unified School District property; to the south is the RPD -100,000-6U Zone; and to the west is the Single Family Residence -Minimum Lot Size -8,500 Square Feet (R-1-8,000) Zone. 10. The City Council project approval expired August 6, 1998. The applicant submitted a written request for a one year extension of time, prior to the expiration of the map, as required by the Subdivision Map Act and Title 21 of the Los Angeles County Code (the City Subdivision Ordinance). 11. On November 24, 1998, the Planning Commission conducted a duly noticed public hearing on the Application. At that time and pursuant to the applicant's request, the public hearing was continued to December 8, 1998. On December 8, 1998, pursuant to the applicant's request, the public hearing was continued to January 12, 1999. 12. On January 12, 1999, the Planning Commission concluded its public hearing and adopted Resolution No. 99-01 recommending City Council approval of the Application. 13. On February 16, 1999, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application at which testimony was received from interested parties, including the applicant. The City Council concluded its public hearing on February 16, 1999. 14. Notification of the public hearing for this project was published in the San Gabriel VallgY Tribune and Inland Valley Daily Bulletin newspapers on January 27, 1999. Notice of the public hearing was mailed to 137 property owners within a 500 -foot radius of the project site on January 20, 1999. 2 99-30 B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This 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. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) Due to the Tract Map's design, 3 acres of property owned by the Walnut Valley Unified School District is required for the Map's development as presented. Access to the project site through the Walnut Valley Unified School District property is essential. Without a permanent transfer of property from the School District to the applicant, the project site has no means of access. Additionally, in order to comply with the required lot and pad size, the permanent transfer of land, adjacent to the rear of Lots 5, 6, 7, and 8, from the School District to the applicant is also essential. Without the transfer of property, the Map cannot record. (b) The applicant has not demonstrated compliance with the conditions of approval. The following conditions of approval are required for final map approval/or map recordation: Resolution No. 95-21: B. 2. through 5.; C. 2. and 10; E. 4., 11. through 13., and 18.; E. 1. through 3., 6. through 8., 11., 12., 16., 17., 20., 21., 28., 30., 32., 37., 39., 46., 48., 49., 51. through 54. and 57. Resolution No. 95-22: B. 2. through 5.; C. 2. and 10; E. 4., 11 through 13., and 18.; E. 1. through 3., 6. through 8., 11., 12., 16., 17., 20., 21., 28., 30.; 32., 37., 39., 46., 48., 49., 51. through 54. and 57. (c) As a result of the landslide and subsequent grading activity the physical environment has changed. Evidence has not been presented to the City Council to support a finding that the earth movement has stabilized. (d) The applicant has not demonstrated through the completion of project conditions that the site is physically suitable for the type and density of the proposed 21 unit residential development proposed. As a result, the design of the subdivision or improvements are likely to cause serious public health problems. (e) Further extension of the subject map is not warranted. The applicant should prepare and file a new map that addresses the foregoing unresolved concerns. 99-30 3. Based on the findings and conclusions set forth above, the City Council hereby denies the Application. With the denial of the extension of time, Tentative Tract Map No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9 expire and all privileges granted and related to these entitlements expire. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of the Resolution, by certified mail, to: Amrut Patel, Sasak Corporation, 858 W. 9th Street, Upland, California 91785. APPROVED AND ADOPTED THIS 4TH DAY OF MAY 1999, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: - Mayor I, Lynda Burgess, City Clerk of the Cit"f Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 4th day of May 1999, by the following vote: AYES: COUNCILMEMBERS: Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: City Clerk City of Diamond Bar 4 99-30