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Home My WebLink AboutPC 2017-27-AU PLANNING COMMISSION RESOLUTION NO. 2017-27-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE QUITCLAIM OF ALL OF THE CITY OF DIAMOND BAR'S INTERESTS IN THE PORTION OF HAWKWOOD ROAD—APPROXIMATELY 6,591 SQUARE FEET IN AREA LOCATED BEYOND THE END OF THE CUL-DE-SAC—IS IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65402(A). RECITALS (i) WHEREAS, on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California; (ii) WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements; (iii) WHEREAS, a portion of Hawkwood Road has been dedicated to the City of Diamond Bar, for public street and highway purposes dedicated by statement of the face of Tract Map No. 47850. The portion of Hawkwood Road is approximately 6,591 square feet in area, located beyond the cul-de- sac as shown in the attached Exhibit B; (iv) WHEREAS, the quitclaim deed of the portion of Hawkwood Road is proposed because there is no present and prospective public use of this portion of the street since it does not provide public access or use other than serve the properties within the gated community of the Diamond Bar Country Estates Association; (v) WHEREAS, the City will convey the portion of Hawkwood Road that is beyond the cul-de-sac to the Diamond Bar Country Estates Association (DBCEA). The portion of the street will be the responsibility of the DBCEA for the maintenance of the gate and said portion of the road; (vi) WHEREAS, Section 65402(a) of the Government Code of the State of California required that no street shall be vacated or abandoned until the location, purpose and extent has been submitted to and reported upon by the planning agency of the City as to conformity with adopted General Plan or part thereof; and (vii) WHEREAS, on November 28, 2017, at Planning Commission, considered the the portion of Hawkwood Road, and adoption of this Resolution. a regularly scheduled meeting, the matter of the proposed quitclaim of concluded said review prior to the B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the quitclaim deed is in conformance with the adopted General Plan of the City of Diamond Bar as follows: (a) Circulation Element - Goal 3, Objective 3.1 states: Improve the safety and efficiency of existing transportation facilities. It has been determined that there is no present and prospective public use of the portion of Hawkwood Road since it does not provide public access or use other than serve the properties within the gate community of the DBCEA. However the City will reserve a 26 -foot wide easement from the grant deed to provide an emergency vehicular access over the portion of Hawkwood Road in order to provide adequate emergency access into the DBCEA neighborhood in exchange of the City's existing interest in the portion of Hawkwood Road. (b) Public Services and Facilities Element - Goal 2 states: Consistent with the Vision Statement, achieve a fiscally solvent, financially stable community. (c) The proposed quitclaim deed will relieve the City from the burden of maintenance responsibilities of the gate and said portion of Hawkwood Road, which will be a benefit to the public. The Planning Commission hereby finds that the quitclaim deed is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) because "the activity is covered by the general rule that CEQA applies only to projects, which have the potentially for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in questions, may have a significant effect on the environment, the activity is no subject to CEQA." 4. Based on the findings and conclusions set forth above, this Resolution shall serve as the Planning Commission's finding regarding the General Plan conformity of the proposed quitclaim deed of the portion of Hawkwood Road as required by California Government Code Section 65402(a). The Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar for use in its deliberations regarding the quitclaim of the portion of Hawkwood Road. 2 PC Resolution No, 2017-27-A APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER, 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 4-- �rL,,' Raymond Wolfe, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of November, 2017, by the following vote: AYES: Commissioners: Mrl$8, Farago, Mahlke, VC/Mok, Chair/Wolfe NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Nl Greg Gubman, Secretary 3 General Plan Conformity-Hawkwood E ACQUISITION PARCEL EXHIBIT "A" ALL THAT PORTION OF THE RIGHT OF WAY OF HAWKWOOD ROAD DEDICATED BY STATEMENT ON TRACT MAP NO, 47850 IN THE CITY OF DIAMOND BAR RECORDED IN BOOK 1225 PAGE 89 THROUGH 99 INCLUSIVE OF MAPS IN THE OFFICE OF THE RECORDER IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. EXCEPTING THE WESTERLY TWENTY FIVE (25) FEET THEREFROM, CONTAINING 6,591 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. eRACF� A J BRALEY, P.L.S. 8446 * No. 8446 SHEET l OF 2 _ adobe 3 U nl t ,Ff N R 1 0 � O Om } N wwo ow I W\' o roN I yl\ NU O co m O�Q N NZ WW 0w=N oo•os o 5.£OS z a> o N I J N 3„£t, -MN �V 3< o�Wa � OUB s� Zlau Q] taJ Q W w00 4 0 w < LLI II U No N 0 O dy N do co m � J O No Attachment 2 CALIFORNIA GOVERNMENT CODE SECTION 65402 Conformity with the General Plan 65402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. a