HomeMy WebLinkAboutRES 92-65RESOr4ITTION NO, 92--65
t VESOLUTION OF THE CITE COUNCIL OF TUX CITY
01 DIAMOND BAR DENYING, WITHOUT PREJODICE,,
VE &TING TENTATIVY'' TRhCT MAP NO. 47850 ( A
PIkTY-THREE ( 53 ) LOT SUBDIVISION) LC►C&CEI)
SOUTHEAST OF TRE INTERSECTION OF WP.GOR T'R IN
LANE AND THE NOP..`fffiE RLY TER14INUS OF S`a':VXPLECHIASE
LANE, DIAMOND BAR, COUNTY OF LOS ANGXLES,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
(i) DIAMOND BAR ASSOCIATES, INC., 3480 Torrance
Boulevard, Torrance, California (the "Applicant" hereinafter),
heretofore filed an application for approval of Vesting Tentative
Tract Map No. 47850 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Vesting Tentative Tract
Map No. 47850 shall be 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
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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.
(iii) Since the Application was filed as a vesting
tentative tract map, action was taken on the Application, as to
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(iv) -. On Sep e-nJ)vr 23 an,` :�F�a,,embea 25, 1991, the
Planning Comy-L fission of the City of Da;-rmond Bar conducted a duly
noticed public hearing on the subjec•�. matter of the Application
and upon conc=lusion of said public hearing, the Planning
CoiifisSlon adopted its Resolution No. 91-23 recowden ing approval
of the Application to this City Council.
(v) On January 7 , ..Janu&,L y 21, January 28, March 3,
April 7, April 21, October 16 and November 17, 1992, the City
Council of the City of Diamond Bar 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.
(vi) All legal prerequisites to the adoption of this
Resolution have occurred.
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. Based upon 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 City Council hereby specifically finds
as follows:
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(a) The Application appliet-, to a parcel ?ocated
southeast of the intersection of Wagon Train Lane
and, -the southerly teric(inas of Steeplechase Lane,
-- Diamomid Bar, with a gross area of 73 acres, within
SEA'15., and.which is zoned R-1-8, R-1-20 and
(b) Surrounding properties' -land use and zoning to the
north and west are single family and multifamily
residential and to the east and south the
properties are primarily vacant parcels
agriculturally zoned. -
(c) The Application is for a fifty-three (53) lot
subdivision to construct 53 single family units.
(d) The site is not physically suitable for the type
of development proposed.
(e) The proposed design of the subdivision and of the
proposed improvements are likely to cause
substantial environmental damage or substantial
and avoidable injury to fish or wildlife or to
their habitat; the project is located within
Significant Ecological Area 15 and the proposed
development will have a significant adverse effect
on the environment.
(f) The proposed design of the subdivision and the
— types of improvements proposed may cause serious
public health problems.
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(g) The proposed design of the subdivision is not
consistent with aproli cable general plan goals and
objectives.
(h) The site is not physically suitable for the
proposed density of development.
3. Based upon substantial evidence presented to -this
City Council during the above -referenced public hearing, and upon
the specific findings set forth above, pursuant to the provisions
of California Government Code § 65360, the City Council hereby
finds and determines that the action proposed (Vesting Tentative
Map) is not consistent with the General Plan proposal being
considered at the time of application.
4. The above referenced findings and conclusion are
supported by facts set forth in the record of the proceedings
herein including, but not limited to, the following:
(a) Despite adequate opportunity to provide
geotechnical data, the data provided by the
Applicant's consultants fails to provide adequate
support for the conclusions and interpretations
drawn as to the "dipping angle" and location of
soil structures within the project site.
(b) The data provided by the Applicant's consultants
fails to provide adequate engineering
documentation to conclusively determine the
number, depth or precise location of slide
plane(s) and/or bentonitic layers located on-site.
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Such data is critical to the determination of
feasibility or viability of proposed geotechnical
"solutions" or mitigating measures required to
ensure adequate stabilization for the protection
of potential inhabitants and adjoining properties.
(c) Inadequate data -has been presented with regard to
the physical characteristics of the bentonite bed
located on-site to enable accurate analysis of
suitable remedial measures.
(d) Inadequate data has been provided for
determination of necessity for and/or location and
design of shear keys on site to enable proper
grading for protection of the site and adjacent
properties.
(e) Inadequate documentation has been presented with
regard to actual soil conditions on and off site
thereby rendering strength parameters utilized in
calculations submitted to be questionable.
(f) Based upon data submitted, and potential
extrapolations therefrom, City safety factors of
1.5 for the project area cannot be achieved
thereby rendering the site unstable, subject to
potential earth movement and sliding and
catastrophic failure in response to seismic
activity.
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(g) The Application, as proposed, would result in
significant alteration of the environment and would
generate significant, unavoidable impacts to the
environment unacceptable under the General Plan
proposal under which the Application has been
scrutinized.
(h) Alternatives to the Application have not been
adequately addressed, particularly in light of the
significant geotechnical constraints of the site
and significant adverse impacts on the environment.
5. Based upon all of the foregoing findings and
conclusions, this City Council hereby denies, without prejudice,
Vesting Tentative Tract Map. Mo. 47850.
6. 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 the Applicant at its address per City records.
ADOPTED AND APPROVED this 1st day of December, 1992.
>00". Z
Mayor Pr6 Tem
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I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was passed,
approved and adopted at the regular meeting of the City Council of
the City of Diamond Bar held on the 1st day of December, 1992,
by the following roll call vote.:
AYES: COUNCIL MEMBERS: Miller, Werner, Forbing,
MPT/Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: M/Kim
ATTEST: -
Lyn Burgess, C ft, erK
of the City of Diai►c oci filar