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HomeMy WebLinkAboutRES 91-73RESOLUTION NO. 91-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 23039 TO CONSOLIDATE TWO LOTS (20 & 21 OF TRACT 39679) INTO ONE PARCEL AT 21700 E. COPLEY DRIVE, ENVIRONMENTAL DETERMINATION: CATEGORICAL EXEMPTION, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. (i) Zelman Development Company has filed an application for a Tentative Parcel Map (TPM) for property located at 21700 E. Copley 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) Because of its recent incorporation, the City of Diamond Bar lacks on operative General Plan. Accordingly, action was taken on the subject Application, as to consistency to the General Plan, pursuant to tae terms and provisions of California Government Code Section 6526.0. (iv) The Planning Commission of the City of Diamond Bar, on September 23, 1991, conducted a duly noticed public hearing on said Application, concluded said public hearing on that date, and recommended that the City Council approve the Application and related environmental determination. (v) 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. 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. 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, South side of E. Copley Drive located at 21700 E. Copley Drive, City of Diamond Bar, California. (b) Generally, the property to the north of the subject site is zoned C -2 -BE and OS; to the northwest of the subject site is the Pomona Freeway; east of the subject site is located C-M-BE-U/C; and southwest of the subject site is the Orange Freeway. (c) Because of the recent incorporation, the City of Diamond Bar lacks an operative General Plan. Action was taken on the Application as to consistency with the proposed General Plan pursuant to the terms and provisions of Government Code, Section 65360. 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 future adopted General Plan because the site has been developed in conformance with the Gateway Corporate Center plan. 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 consolidation of the two subject parcels 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 specific plan 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) Notification of the public hearing for this Application has been made. 3. The Council 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 Categorically Exempt as and pursuant to Categorical Exemption - Class 15. Minor Land Divisions (14 California Code of Regulations S 15315) 4. Based upon the findings recited hereinabove and conditions set forth hereinbelow, this Council, in conformance with the terms and provisions of California Government Code Section 65360, hereby approves TPM No. 23039 and the Categorical Exemption, subject to the following conditions: (a) This project shall be developed in substantial conformance with Tentative Parcel Map No. 23029 which has been submitted for this case, labeled Exhibit "A" dated September 23, 1991, and attached hereto. (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) The Applicant shall label driveways as "Fire Lane" and delineate such on the Final Map to the satisfaction of the City Engineer. (e) All existing easements shall be shown on the Final Map. Prior to recordation of the Final Map, the Applicant shall relocate utility easements to the satisfaction of the respective utility company. (f) 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. (g) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, at the City of Diamond Bar Community Development Department, an affidavit stating that they are aware of and agree to accept all the conditions of this grant. 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 Zelman Development Company, 1661 Hanover Road, City of Industry, California 91784. 1991. ADOPTED AND APPROVED this 3rd day of December, 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 3rd day of December, 1991, by the following vote: AYES: COUNCIL MEMBERS: Miller, Forbing, M/Kim NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Papen, Werner ABSTAINED: COUNCIL MEMBERS: None ATTEST:4 City Clerk of tht City of Diamond Bar