HomeMy WebLinkAboutPC 91-17RESOLUTION NO. 91-17
I A RESOLUTION OF THE PLANNING COMMISSION OF
J THE CITY OF DIAMOND BAR APPROVING TENTATIVE
PARCEL MAP NO. 23039 TO ALLOW THE MERGER OF
TWO LOTS (20 & 21 OF TRACT 39679) INTO ONE
PARCEL AT 21700 E. COPLEY DRIVE AND
CATEGORICAL EXEMPTION,AND MAKING FINDINGS IN
SUPPORT THEREOF
A. Recitals.
1. Zelman Development Company has filed an application for
a Tentative Parcel Map (TPM) for property located at
21700 E. Copley Drive, Diamond Bar, CA, as described in
the title of this resolution. Hereinafter in this
Resolution, the subject Tentative Parcel Map applica-
tion is referred to as "the Application".
2. On April 18, 1989, the City of Diamond Bar was estab-
lished as a duly organized municipal corporation of the
State of California. On said date, pursuant to the re-
quirements of the California Government Code Section
57376, Title 21 and 22, the City Council of the City of
Diamond Bar adopted its Ordinance No. 1, thereby adopt-
ing the Los Angeles County Code as the ordinances of
the City of Diamond Bar. Title 21 and 22 of the Los
Angeles County Code contains the Development Code of
the County of Los Angeles'now currently applicable to
development applications, including the subject Appli-
cation, within the City of Diamond Bar.
3. Because of its recent incorporation, the City of Dia-
mond Bar lacks an operative General Plan. Accordingly,
action was taken on the subject Application, as to
consistency to the General Plan, pursuant to the terms
and provisions of California Government Code Section
65360.
4. The Planning Commission of the City of Diamond Bar, on
September 23, 1991, conducted a duly noticed public
hearing on said Application, and concluded said public
hearing on that date.
5. All legal prerequisites to the adoption of this Resolu-
tion have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
f
1. This 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. Based on substantial evidence presented to this
Commission during the above -referenced September 23,
1991, public hearing, and oral testimony provided at
the hearing, this Commission 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 zoned C-M-BE-
U/C; and southwest of the subject site is the
Orange Freeway.
C. Because of the recent incorporation, the City of
operative General Plan.
and o
Diamond Bar lacks p
Action was taken on the subject application as to
consistency to the proposed General Plan pursuant
to the terms and provisions of Government Code,
Section 65360.
d. The Tentative Parcel Map will not have an adverse
impact on adjacent or adjoining residential and
commercial uses. It will not be materially detri-
mental to the use, enjoyment, or valuation of
property of other persons located in the vicinity.
e. The Tentative Parcel Map will not adversely affect
the health or welfare of persons residing or work-
ing in the surrounding area.
f. The nature, condition, and size of the site has
been considered. The site is adequate to accommo-
date the use.
g. The project will not have an effect on the
environment and is categorically exempt.
h. Notification of the public hearing for this pro-
ject has been made.
3. Based upon the substantial evidence and conclusion set
forth herein above, and conditions set forth below in
this Resolution, presented to the Commission on June
10, 1991, public hearing as set forth above, this Com-
mission hereby finds and concludes as follows:
a. This project shall be developed in substantial
conformance with Tentative Parcel Map No. 23029
which have been submitted for this case, labeled
Exhibit "A" dates September 23, 1991.
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 in consistent with the requirements, policies,
or ordinances of the City are not approved.
d. The Applicant shall label driveways as "Fire Lane"
and delineate 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,
relocate utility easements to the satisfaction of
the local utility company.
f. It is hereby declared that and made a condition of
this Tentative Parcel Map that if any condition
hereof is violated, or if any law, statue, 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 in-
volved (if other than the permittee) have filed,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant.
h. Based upon the initial study and conditions
applied to this application, the proposed
nr, Tentative Parcel Map will not have a significant
adverse effect on the environment.
M11 11 _._.-_
w -
I
1,. A., —I�melA i61W1„im yt' -s._ -=_--. e,.., ��..d.,_ _., - --_-•-•....i�..«�u.�wui,m+sawrm�mnxmMrv».emiron., __ _ — _ _
i. The Planning Commission hereby finds that the
environmental review has been prepared with
respect to the application and is in compliance
with the California Environmental Quality Act of
1970 as amended and guidelines promulgated
thereunder. Further, this Commission has reviewed
and considered the information contained therein
and determined that the application is
categorically exempted.
j. 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.
4. Based upon the findings and conditions set forth herein
above, this Commission, in conformance with the terms
and provisions of California Government Code Section
65360, hereby approves the application this TPM No.
23039 and the Categorical Exemption.
5. The Planning Commission Secretary is hereby directed
(a.) to certify to the adoption of this Resolution and,
(b.) forthwith transmit a certified copy of this Reso-
lution, by certified mail, return receipt request-
ed, to Zelman Development Company, 1661 Hanover
Road, City of Industry, CA 91784.
6. This Commission hereby provides notice to Zelman
Development Company that the time within which judicial
review of the decision represented by this Resolution
must be sought is governed by the provisions to the
California Code of Civil Procedures Section 1094.6.
ADOPTED AND APPROVED this 23rd day of September , 1991.
W
ack Grothe, Chairman
_ -_ __ i - - - - _. _— - - -__-. _� — ...i,.�aWhL4wV .e _. ._.....�-:-ems he�.�.•--.-» ..-.-.i,.., _._._..., .,_�-��o-.ewu,. • .
I
I, James DeStefano, Secretary to the City of Diamond Bar Planning
Commission do hereby certify that the forgoing Resolution was
-' passed, adopted and approved at a regular meeting of the Planning
Commission of the City of Diamond Bar held on the 23rd day of
September 1991, by the following vote:
AYES: COMMISSIONERS: Ch/Grothe, VC/MacBride, Lin,
Schey
I
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: Harmony
ABSTAINED: COMMISSIONERS:
I ATTEST:
Secr ary to the Planning Commission