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Home My WebLink AboutRES 94-55RESOLUTION NO. 94- 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING WITHOUT PREJUDICE, DEVELOPMENT AGREEMENT NO. 92-1, VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-9 AND OAK TREE PERMIT NO. 92-8 FOR A 94 LOT SUBDIVISION GENERALLY LOCATED WEST OF BREA CANYON ROAD, NORTH OF PATHFINDER ROAD, EAST OF MORNING SUN AVENUE AND SOUTH OF LARKSTONE DRIVE, DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA, AND MAIGNG FINDINGS IN SUPPORT THEREOF. A. $gam (i) RNP Development Inc., 4439 Rhodelia Drive, Claremont, California, 91711, has heretofore filed an application for approval of a Development Agreement No. 92- 1, Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8, and Oak Tree Permit No. 92-8 as described in the title of this Resolution. Hereinafter in this Resolution, the subject applications shall be referred to as the "Application." (ii) The Walnut Valley Unified School District, 880 Lemon Avenue, Walnut, California, 91789, purchased all interests in the 78 acre RNP Development Inc. Property on or about August 8, 1994, and herdnafter is referred to as the "Applicant". (iii) 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, by ordinance, the -Los Angeles County Code as the ordinances of the City of Diamond Bar. Titles 21 and 22 of the Los Angeles County Code, as amended, 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. (iv) Since the Application was filed as a Development Agreement and Vesting Tentative Tract Map, action was fencer on the Application, as to General Plan consistency, pursuant to the terms and provisions of California Government Code Section No. 65360 and 65361. (v) On October 22, 1992, January 25, February 8, February 22, February 25, March 22, April 12, April 26, April 29, May 10, May 24, 1993, and May 9 and May 23, 1994 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (vi) On May 24, 1993, upon conclusion of a public hearing, the Planning Commission adopted its Resolutions Nos. 93-18 and 93-19 recommending approval of the Application to the City Council. (vii) On September 14, September 28, October 5, November 16, 1993, January 4, May 2, May 9, May 31, June 3, June 6, June 13, June 15, June 21, July 5, August 2, and August 16, 1994, the City Council conducted and concluded a duly noticed public hearing on the Application. All continuances of the public hearing on the Application were requested or approved by the Applicant in accordance with California law. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, TBFREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. Based upon the substantial evidence presented to this Council during the above - referenced public hearing, including written and oral staff reports, public — testimony, and the record of the Application, this Council hereby specifically finds as follows: (a) The Application applies to property generally located west of Brea Canyon Road, north of Pathfinder Road, east of Morning Sun Avenue, and south of Larkstone Drive, Diamond Bar, with a gross area of approximately 84.20 acres and zoned RPD -10,000 6u. (b) Surrounding properties land use and zoning are: East: South: West: North: Brea Canyon Road and the Orange (SR57) Freeway, Single family residential land uses within the RPD -10,000 6U zone, Single family residential land uses within the R-1, 8,500 zone, Single family residential, school and vacant property all zoned R-1, 15,000. (c) The application is for a mixed use project consisting of 90 single family homes, a 28 acre neighborhood park, and a commercial retail/office development (d) The proposed Development Agreement contained within the Application is not consistent with the General Plan under which the Application has been scrutinized. 2 (e) The proposed design of the Vesting Tentative Tract Map is not consistent with applicable General Plan goals, objectives and strategies. (f) The residential site is not physically suitable for the proposed type of development. (g) The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantial and avoidable injury to wildlife or to their habitat. (h) The proposed project design is not compatible with the natural, biotic, cultural, scenic and open space resources of the area. (i) The abandonment of the prohibition against construction of residential buildings on Lot 49 of Tract 32576 and Lot 53 of Tract 35742 does not fulfill the public purpose for which the dedication was obtained nor does it create a substantial hardship upon the landowner. 3. Based upon substantial evidence presented to this City Council during the above referenced public hearings, and upon the specific findings as set forth above, pursuant to the provisions of California Government Code Section 65360 and 65361 the City Council hereby finds and determines that the actions proposed within the Application are not consistent with the General Plan proposal being considered at the time of application. 4. The cumulative effect of the Application precludes this Council from the finding that there is little or no probability that the project will be detrimental to or interfere with the future adopted General Plan if the project is ultimately inconsistent with that Plan. 5. The above referenced findings and conclusion are supported by facts set forth in the public record of the proceedings herein including, but not limited to the following: (a) The subject site lies within the 1992 General Plan Land Use designation of RUPD, Single Family Residential, 3 units/ acre, Planned Development. The proposed project is inconsistent with the Planning Commission recommended 1994 Draft General Plan Land Use designation of OS, Open Space. (b) The proposed project as described and analyzed within the Final Environmental Impact Report will increase traffic, air pollution, and cause significant landform alterations. A Statement of Overriding Considerations was not a component of the Environmental Impact Report certified on June 3, 1994. (c) The Application as proposed requires substantial landform alteration and earth movement as noted on Vesting Tentative Tract Map No. 51407 and as identified in the environmental impact report. The grading activities proposed do not preserve significant visual features, nor protect remaining natural resources as required by the policies of the General Plan. (d) The project site contains map restrictions which limit or otherwise restrict development in the manner depicted upon the proposed map. The abandonment of existing map restrictions upon Lot 49 of Tract 32576 and Lot 53 of Tract 35742 do not fulfill the public purpose for which they were obtained with the recordation of said tract maps in 1980. as required by Government Code Section 51090 and 51093. 6. Based on the following findings and conclusions set forth herein, this City Council hereby denies the Application, without prejudice. 7. The City Clerk is hereby directed to: (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the applicant at its address per City — records. APPROVED AND ADOPTED this the 2nd day of December, 1994 by the City Council of the City of Diamond Bar. BY 4 I, Tommye Cribbins, Deputy City Clerk of the City 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 special meeting of the City Council held on the 2nd day of December, 1994, by the following vote -to -wit: AYES: [COUNCIL MEMBERS:] Ansari, MPT/Harmony and M/Werner NOES: [COUNCIL MEMBERS:] None ABSTAIN: [COUNCEL MEMBERS:] None ABSENT: [COUNCIL MEMBERS:] Papen and Miller ATTEST: -Jvir� Deputy City Clerk of the City of Diamond Bar 5