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HomeMy WebLinkAboutRES 94-46RESOLUTION NO. 94- 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22102, AN APPLICATION FOR A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS LOCATED AT 1575 VALLEY VISTA DRIVE - LOT 13, TRACT 30379 AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. (i) Bryan Stirrat and Associates have filed an application for a Tentative Parcel Map (TPM) for property located at 1575 Valley Vista Drive, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map application is sometimes referred to as "the Application". (ii) 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 Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain 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 proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time pursuant to California Government Code Section 65360 and 65361(a). (iv) The City Council of the City of Diamond Bar, on September 20, 1994, conducted a duly noticed public hearing and concluded said public hearing on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, T HEREFORE, it is found, determined and resolved by the Planning Commission 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. 1 2. Based on substantial evidence presented to this Council during the public hearing, and by written and oral testimony provided at the hearing, this Council hereby specifically finds as follows: (a) The Application applies to property presently zoned C-M-BE-U/C, located at 1575 S. Valley Vista Drive, City of Diamond Bar, California. (b) Generally, the property to the north of the subject site is zoned CM-BE-U/C; to the south of the subject site is zoned CM-BE-U/C and R-1-10000; to the east of the subject site is zoned C-M-BE-U/C; and west of the subject site is zoned CM-BE-U/C and the Orange Freeway. (c) The City of Diamond Bar lacks an operative General Plan. Action was taken on the Application as to consistency with the contemplated General Plan pursuant to the terms and provisions of Government Code, Section 65360 and 65361(x). On such basis there is a substantial probability that the approval of this project as proposed in said Application will not be a substantial detriment to, nor interfere with the preparation of the contemplated General Plan because the site has been developed in conformance with the Gateway Corporate Center Design Guidelines. Further, the City of Diamond Bar is proceeding in a timely fashion with the preparation of the General Plan. Pursuant to such preparation, it appears that there is a reasonable probability that the division of the subject parcel located within the Gateway Corporate Center will be consistent with the land -uses and policies, goals and objectives set forth in the General Plan as presently considered in the Draft -General Plan. As a substantial portion of the Gateway Corporate Center has previously been developed with complementary uses, there is little or no probability of substantial detriment to or interference with the finally adopted General Plan if this action is ultimately inconsistent with the General Plan. Further, this project conforms to all other applicable requirements, state law, and local ordinances. (d) The Tentative Parcel Map will not have an adverse impact on adjacent or adjoining residential and commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and conforms to the applicable standards applicable to the Gateway Corporate Center project. (e) The Tentative Parcel Map will not adversely affect the health or welfare of persons residing or working in the surrounding area. (f) The nature, condition, and size of the site has been considered and determined to satisfy all applicable standards. (g) That the proposed map is consistent with the proposed General Plan and specific plans as specified in Section 65451. (h) That the design or improvement of the proposed subdivision _ is consistent with applicable general and specific plans. 2 (i) The Planning Commission held a public hearing on the project on July 11, 1994 and concluded the public hearing on July 25, 1994. The Planning Commission voted to recommend approval of the project to the City Council and forwarded a Resolution to that effect. 0) That the site is physically suitable for the proposed density of development. (k) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 0) That the design of the subdivision or type of improvements is not likely to cause serious public health problems. (m) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided , and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 3. The City Counil further finds that an environmental review has been conducted with respect to the Application in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder. Further., this Council has reviewed and considered such information and has determined, and hereby adopts, the determination that this Application is a Negative Declaration and has been prepared in compliance with the California Environmental Quality Act of 1970, and as amended, and' guidelines promulgated thereunder, and, that further the Council has reviewed and considered the information contained in the said Negative Declaration with respect to the application. 4. Based upon the findings recited hereinabove and conditions set forth herein below, this Council, in conformance with the terms and provisions of California Government Code Section 65360 and 65361(a), approves Tentative Parcel Map No. 22102 and the Negative Declaration, subject to the following conditions: (a) This project shall be developed in substantial conformance with Tentative Parcel Map No. 22102 which has been submitted for this case, dated September 20, 1994 and as amended by the following conditions as may be shown on said map. 01 (b) Prior to expiration of the Tentative Parcel Map and prior to filing with the County Recorder, a Final Map shall be processed through the office of the City Engineer. (c) Details or notes shown on the Tentative Map which are inconsistent with the requirements, policies, or ordinances of the City are not approved. (d) Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. (e) The Soil Engineer's and Engineering Geologist's name, address, phone number, signature and stamp must be shown on the Final Map. (f) Each parcel -shall be served by a separate sewer lateral which shall not cross any other property lines. The Subdivider, at the Subdivider's sole cost and expense, shall construct/extend the mainline sewer system in accordance with plans approved by the City Engineer, Los Angeles County Public Works Department and County Sanitation District. Mainline shall extend to not less than 10 ft. beyond the common line between Parcel No.. 1 and No. 2. All sewer hook-ups shall be provided prior to recordation of the Final Map: (g) All drainage devices shall be installed prior to recordation to the satisfaction of the City Engineer. Provide hydrology calculations and capacity of existing devices for any proposed future development and provide drainage facilities to the satisfaction of the Public Works Department prior to approval of the Final Map. (h) Reciprocal drainage easements for both parcels shall be recorded at the time the Final Map is recorded. (i) A reciprocal access easement shall be shown along the common property line of Parcel No. 1 and No. 2 and recorded at the time the Final Map is recorded. 0) It is hereby declared and made a condition of this Tentative Parcel Map that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the Tentative Parcel Map shall be suspended and the privileges granted shall lapse; provided that applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. (k) Any future development of Parcel No. 1 or Parcel No. 2 is required to comply with the Gateway Corporate Center Design Guidelines and shall obtain Development Review approval from the City. 4 (1) The Subdivider shall, at the Subdivider's sole cost and -- expense, construct sidewalks along the full frontage of the subdivision in accordance with the plans approved by the City Engineer, prior to recordation. 5. The City Clerk is hereby directed to: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Bryan Stirrat and Associates, 1575 S. Valley Vista Drive, Diamond Bar , California 91765. APPROVED this 20th day of September, 1994. I, Lynda Burgess, City Clerk odi�ity of 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 20th day of September, 1994, by the following vote -to -wit: AYES: [COUNCEL MEMBERS:] Papen, Ansari, MPT/Harmony and M/Werner NOES: [COUNCIL MEMBERS:] None ABSTAIN: [COUNCIL MEMBERS:] None ABSENT: [COUNCIL MEMBERS:] Miller ATTEST: City CIA of the City of Diamond Bar k