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HomeMy WebLinkAboutRES 94-25RESOLUTION NO. 94- 2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING PARCEL MAP NO. 24031, A REQUEST TO MERGE TWO EXISTING PARCELS, TO REMOVE ACCESS AND BUILDING RIGHTS RESTRICTIONS, AND OPEN SPACE EASEMENTS ON A 68 ACRE SITE, LOCATED SOUTH OF GRAND AVENUE, EAST OF SHOTGUN LANE AND WEST OF THE SAN BERNARDINO COUNTY LINE, IN THE CITY OF DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) J.C. Dabney and Associates, acting as Agent for R -n -P Development, Inc., 4439 Rhodelia Ave., Claremont, CA. 91711 has filed an application for Parcel Map No. 24031, for property located as described in the title of this Resolution. Hereinafter in this Resolution, the subject Parcel Map application is referred to as "application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. (iv) On May 23, 1994 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. The Planning Commission adopted its Resolution No. 94-10, that date, recommending City Council denial of this application. (v) On May 31, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (vi) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution, NOW, THEREFORE, IT IS FOUND, DETERMINED AND RESOLVED BY THE CITY COUNCIL 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. Based upon substantial evidence presented to the City Council during the above public hearing and oral testimony provided at the hearing, the City Council hereby specifically finds as follows: (a) The project relates to a site comprised of approximately 68 acres and is currently absent of development and serves as a natural drainage area. The site is located within the RPD -20,000-2U Zone, in the City of Diamond Bar, California; (b) The subject site is surrounded by residential development to the north, south and west, and vacant undeveloped land to the east; (c) The subject site is bounded by Grand Avenue, a major roadway and by Summitridge Drive, and Rimford Lane; (d) The site is currently known as Lot 1 of Tract No. 31479 and Lot 61 of Tract 42557. Both lots contain building restrictions and lot 61 additionally contains prescriptions for access to Grand Avenue. These restrictions have the impact of creating open space easements over the lots; (e) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use although the geotechnical and flood hazards may not lend themselves to development of the site; 2 (f) That the requirements of Government Code Section 51093 cannot be met, in that; (1) No public purpose described in Section 51084 will be served by abandoning the land as open -space; and (2) Abandonment is inconsistent with the purposes of this chapter; and (3) Abandonment is inconsistent with the proposed General Plan; and (4) Abandonment is not necessary, to avoid a substantial financial hardship to the landowner, due to involuntary factors unique to him. (g) That the map is not consistent with applicable goals of the contemplated General Plan; (h) That the design of the subdivision and the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (i) Based on substantial evidence presented to the City Council during the above referenced public hearing and upon the specific findings presented herein, the City Council concludes that it cannot satisfy the requirements of with Government Code Sections 51093 and 65874, regarding the abandonment of the open space easements. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, the City Council hereby denies the application for Parcel Map No. 24031, and the request for abandonment of the existing open space easements and building rights restrictions. The City Clerk Shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to J.C. Dabney and Associates and R -n -P Development, Inc. at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 7TH DAY OF JUNE, 1994, BY THE CITY COUNCIL OF THE CITY OF ]DIAMOND BAR. Mayor I, LYNDA BURGESS, City Clerk of the City oTDiamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the special meeting of the City Council of the City of Diamond Bar held on 7th day of June, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS Papen, MPT/Harmony M/Werner None Ansari COUNCILMEMBERS Miller rQ / / !6 / !_ I 4