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HomeMy WebLinkAboutRES 89-65RESOLUTION NO. 89-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. PM 20358, A REQUEST TO SUBDIVIDE CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED HEREIN INTO SEVEN COMMERCIAL LOTS WITHIN THE CITY OF DIAMOND BAR, LOCATED AT 1320 - 1340 SOUTH VALLEY VISTA DRIVE, MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON. A. Recitals. (i) The Koll Company heretofore filed an application for approval of Parcel Map No. PM 20358, denominated as Project No. 88-507, for approval of the creation of seven (7) commercial lots on 5.1 acres of land located at the west side of Gateway Center Drive, between Valley Vista Drive and Bridge Gate Drive in the City of Diamond Bar. Hereinafter in this Resolution, the subject Parcel Map application is referred to as "the application." (ii) The City Council of the City of Diamond Bar, on July 11, 1989, conducted a duly noticed public hearing on said application and concluded said public hearing o, that date. (iii) 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 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. This City Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environment Quality Act of 1970, as amended, and concurs with the mitigated negative declaration prepared by the County of Los Angeles in connection therewith that the project, as conditioned, and with the mitigaion measures imposed, will not have a significant adverse effect on the environment. 3. Based upon substantial evidence presented to this _ Council during the above -referenced July 11, 1989 hearing, and oral testimony provided at that hearing, this Council hereby specifically finds as follows: (a) The application applies to property presently zoned CMBE located at the west side of Gateway Center Drive, between Valley Vista Drive and Bridge Gate Drive, and consists of approximately 5.1 acres of land; (b) The properties to the north, south and east are zoned CMBE and property to the west consists of the Orange (Route 57) Freeway; (c) The property is depicted within the Major Commercial category of the County -wide General Plan and within the Industrial category of the Diamond Bar Community General Plan; 2 (d) The site is physically suitable for the type of development proposed, is generally level and has access to county -maintained streets. Further, the property shall be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles; (e) The design of the subdivision and of the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, since the project is not located within a Significant Ecological Area and the initial study for the project shows that the proposed development will not have a significant adverse effect on the environment, as mitigated; (f) Neither the design of the subdivision nor the types of improvements will cause serious public health problems, since sewage disposal, storm drainage, fire protection and geological and soils factors are addressed in the conditions of approval appended hereto; (g) The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel; 3 (h) The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir; (i) The subdivision and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of public entity and/or public utility rights-of-way and/or easements within the area covered by said map, since the design and development as set forth in the conditions of approval and on the tentative map provide adequate protection for any such easements; (j) The discharge of sewage from this subdivision into the public sewer system will not violate requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the California Water Code; (k) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources when this project was determined to likely be consistent with the City's future General Plan. 4. Based on the findings and conclusions set forth in paragraphs 1, 2 and 3, above, this Council, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds as follows: 4 (a) There is a reasonable probability that the subdivision proposed in the application will be consistent with the proposed General Plan; (b) There is little or no probability that the subdivision of said real property, as proposed in the application, will be a substantial detriment to, and interfere with, the proposed General Plan for the area of the subject site; and (c) The application, as proposed and conditioned herein, complies with all other applicable requirements of state law and local ordinances. 5. Based upon the findings and conclusions set forth above and the conditions set forth below in this Resolution, this Council hereby approves said application subject to each and every condition set forth herein and set forth in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth at length. 6. This Council hereby imposes the following reasonable conditions, inadditionto the conditions imposed as set forth in Exhibit "A" hereto; (a) The project will be redesigned to provide for street frontage for all lots within the proposed subdivision; (b) Entry monuments shall be installed in accordance with the requirements of the Conditions, Covenants and —' Restrictions imposed on the Gateway Center Project; 5 (c) The Koll Company shall contribute its pro rata share of costs for off-site infrastructure improvements as identified by County staff; (d) The project shall substantially conform to the renderings and elevations submitted for review by this City Council on July 11, 1989 and, further, the Koll Company shall record a covenant insuring the construction and maintenance of the project in accordance with such renderings, plans and elevations in a form approved by this City Council; (e) The Koll Company shall submit, prior to recordation of the final map, Conditions, Covenants and Restrictions for approval by this City Council concerning the design, maintenance and operation of the subject project. 7. This Council hereby provides notice to the Koll Company that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 8. The City Clerk hereby is directed to certify to the adoption of this Resolution by certified mail, return receipt requested, to the Koll Company at its address of record as set forth in said application. July. 9. PASSED, ADOPTED AND APPROVED this 18th day of 11 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 18th day of July, 19.89 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, Mayor Pro Tem Horcher NOES: COUNCIL MEMBERS: Mayor Papen ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST:G— LynBurgess, Cit Clerk City of Diamond Bar 7