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Home My WebLink AboutORD 3 (1994)ORDINANCE NO. 3(1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY, HEREIN DESCRIBED, FROM THE A-2-2 (HEAVY AGRICULTURE) ZONE TO THE R-1-40,000 (SINGLE FAMILY RESIDENCE) ZONE. (ZONE CHANGE NO. 92-2). A. Recitals, (i) Hunsaker and Associates, acting as authorized agent for the applicant, Unionwide, Incorporated, 2130 Rockridge Court„ Fullerton, California, has heretofore filed an application to amend the official zoning map of the City of Diamond Bar, reclassifying certain real property, described as recorded in the Office of the County Recorder of Los Angeles County as Parcels 14 of Parcel Map No. 1528 as per map recorded in Book 26 Pages 19-30, inclusive of Parcel Maps in the County of Los Angeles and generally located at the terminus of Blaze Trail Drive (Said "real property" hereinafter in this Ordinance). Attached hereto, marked Exhibit "A" and by this reference incorporated herein, is a proposed official zoning map amending the official zoning map of the City of Diamond Bar by reclassifying said real property from Heavy Agriculture (A-2-2) Zone to Single Family Residence (R-1-40,000) Zone, as proposed by 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. On said date, pursuant to the requirements of California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 22 of the Los Angeles County Code (as subsequently amended by ordinance Nos. 15 and 15A of the City of Diamond Bar) contains the Development Code of the County of Los Angeles, now currently applicable to development applications (inc'�uding the subject application) within the City of Diamond Bar. "` (iv) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the Draft and contemplated General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. 1 (v) On June 13, 1994, the Planning Commission of the City of Diamond Bar — conducted a duly noticed public hearing on the application and concluded said public hearing on that date. On July 25, 1994, the Planning Commission adopted Resolution No. 94-17 recommending City Council approval of the application. (vi) On November 15, 1994, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with respect to the subject application and concluded said hearing on that date. (vii) All legal prerequisites to the adoption of this Ordinance have occurred. s"t.I.�k NOW, THEREFORE, the City Council of the City of Diamond Bar does find, determine and ordain as follows: Section .1.. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. The City Council specifically finds that the project was reviewed by the City of Diamond Bar and an Environmental Impact Report has been_prepared for this project iii compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Environmental Impact Report reflects the independent judgement of the City of Diamond Bar as certified by the City Council of the City of Diamond Bar. Section 3. The City Council hereby specifically finds and determines that, based upon the findings set forth herein -below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, ,no significant environmental effects will occur. Section 4. The City Council finds that the facts supporting the above specified findings are set forth in the Environmental Impact Report, the staff report and exhibits appended thereto, and the information provided to this City Council during the public hearing conducted with respect to the project and the Environmental Impact Report. Section 5. Based on the substantial evidence presented to this Council during the above -referenced public hearing on November 1, 1994, and concluded on that date, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360 and 65361(x), this Council hereby specifically finds as follows: 2 (a) The project is located within SEA NO. 15 at the southeasterly terminus of Blaze Trail Drive, adjacent to the eastern boundary of the private gated community known as "The Country". (b) The proposed zone classification is compatible with adjacent zone classifications and is in compliance within the RR, Rural Residential, Classification of the 1992 General Plan and the contemplated Draft 1994 General Plan. (c) The surrounding land uses to the north and west are single family residential and to the south and east the land is primarily vacant and natural. (d) The subject property is a vacant undeveloped parcel that has historically been grazed by cattle is currently disked for compliance with the County of Los Angeles Fire Code for areas located in Fire Zone 4. (e) The site is sufficient in size and can provide adequate ingress and egress to allow single family development in character with surrounding current land uses. (f) That the pattern of land and zoning in the area of the project has consistently transitioned into one (1) acre estate residential development and there is a proposed residential development project, which together, warrant the modification of the zone classification. (g) That a need for the proposed zone change classification exists within the area in order that a consistent pattern of land use and land use classification will occur in the area of the project. (h) The location of the proposed zoning does not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, and will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site, and will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare, and is in conformity with good zoning practice.. (i) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Notification of the property owners within a 500 foot radius was completed by mail. Section 6. The City Council finds that the proposed zone change is consistent 3 with the findings contained within Section 22.16. 150 of the County Code. Section 7. The Official Zoning Map of the City of Diamond Bar is hereby amended to reclassify that certain real property, hereinabove described, from the A-2-2 (Heavy Agriculture) Zone to the R-1-40,000 (Single Family Residence) Zone, all as set forth in the Zoning map attached hereto as Exhibit A and by this reference incorporated herein. Section -L • The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 6 day of nPC , 1994. I, Lynda Burgess. City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15 thday of Nov . and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 6 th day of_jj0.,, 1994, by the following vote: AYES: [COUNCIL MEMBERS:] Miller, Ansari, Papen, MPT/Harmony and M/Werner NOES: [COUNCIL. MEMBERS:] None ABSENT: [COUNCIL MEMBERS:] None ABSTAINED: [COUNCIL M(EMBERS:] None D ATTEST: City Clerk of the - _ - City of Diamond Bar- 4 ay 4 C E M 0 1 4 1 "' aetf rts.sw 11f H•fl-1f satu.w A2-2 yic'" rY MAP ru VESTING TENTATIVE TRACT MAP NO. 51169 AP#8713-24-3 WAIR,r-low EXHIBIT "A" ZONE CHANGE 92-2 November, 15 1994