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HomeMy WebLinkAboutRES 92-29RESOLUTION NO. 92- 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONSENTING TO THE ESTABLISHMENT OF A PORTION OF PATHFINDER ROAD WITHIN SAID CITY AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES, APPROVING THE NEGATIVE DECLARATION PREPARED THEREFOR AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The Board of Supervisors of Los Angeles County did, on April 16, 1991, duly adopt a Resolution declaring that certain portion of Pathfinder Road from 1,300 feet west of Brea Canyon Road/Fern Hollow Drive to Brea Canyon Road/Fern Hollow Drive, within the City of Diamond Bar, to be a part of the System -- of Highways of the County of Los Angeles, as provided in §§ 1700 through 1704, inclusive, of the California Streets and Highways Code. (ii) The Board of Supervisors of Los Angeles County, by said Resolution, has requested this City Council to give its consent to allow the County to construct improvements and perform appurtenant work within said portion of Pathfinder Road in the City of Diamond Bar described above. (iii) Pursuant to provisions of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, the County of Los Angeles conducted an Initial Study and prepared a Negative Declaration. 1 (iv) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the project described herein, as to General Plan consistency, pursuant to the terms and provisions of California Government Code § 65360. (v) The Planning Commission of the City of Diamond Bar has heretofore reviewed the project described herein as to consistency with the proposed General Plan and adopted its Resolution finding the proposed project to be consistent with the proposed General Plan pursuant to California Government Code — § 65402. (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. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The City Council hereby certifies that the Initial Study and Negative Declaration prepared for the project identified above reflect the independent judgment of the County of Los Angeles and the City of Diamond Bar. The City Council further certifies that said Initial Study and Negative Declaration were completed in compliance with the California 2 Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and that the City Council has reviewed and considered the information contained in said Initial Study and Negative Declaration. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth herein, no significant adverse environmental effects will occur. 4. The City Council hereby specifically finds and determines that, having considered the record as a whole, there is no evidence before this City Council that the project, as proposed, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this City Council, the City Council hereby rebuts the presumption of adverse effect contained in § 753.5(d) of Title 14 of the California Code of Regulations. 5. Pursuant to the provisions of California Government Code § 65360, this City Council hereby finds and determines as follows: (a) The City of Diamond Bar is proceeding in a timely fashion with the preparation of the General Plan. (b) There is a reasonable probability that the project proposed will be consistent with the General Plan proposed being considered. (c) There is little or no probability of substantial detriment to or interference with the future adopted M General Plan if the proposed project is ultimately inconsistent with the General Plan. (d) The project as proposed complies with all other applicable requirements of State law and local ordinances. 6. This City Council does hereby consent to the establishment of that portion of Pathfinder Road from 1,300 feet west of Brea Canyon Road/Fern Hollow Drive to Brea Canyon Road/Fern Hollow Drive and intersecting streets appurtenant to the construction thereof, within the City of Diamond Bar, as a part of the System of Highways of the County of Los Angeles, as provided in §§ 1700 through 1704, inclusive, of the California Streets and Highways Code. Said consent is for the sole purpose of constructing improvements and performing appurtenant work as may be necessary by the County of Los Angeles. 7. The City Clerk shall: (a) certify to the adoption of this Resolution and (b) forthwith transmit three (3) certified copies of this Resolution to the Los Angeles County Department of Public Works, 900 South Fremont Avenue, Post Office Box 1460, Alhambra, California 91802-1460, Attention R.A. Tidemanson, Director. PASSED, ADOPTED and APPROVED this 2nd day of June , 1992. 4 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 2nd day of June 1992, by -the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, MPT/Papen, 14/Rim NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: _- iii_ Ci C1�lt of ti?i? ty of Diamond -Bar N\1012\C0NSTMS\DH 2.5D 5