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Home My WebLink AboutPC 91-27RESOLUTION NO. 91-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR TENTATIVE PARCEL MAP NO. 22102 AND NEGATIVE DECLARATION, AN APPLICATION FOR A MINOR SUBDIVISION TO CREATE TWO PARCELS LOCATED AT 1575 VALLEY VISTA DRIVE - LOT 13, TRACT 39379 AND RELATED ENVIRONMENTAL REVIEW. A. Recitals 1. Bryan Stirrat and Associates has filed an application for a Tentative Parcel Map No. 22102 (TPM) located at 1575 Valley Vista Drive, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the Sate of California. On said date, pursuant to the requirements 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 adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Because of its recent incorporation, the City of Diamond 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 § 65360. 4. The Planning Commission of the City of Diamond Bar, on December 9, 1991, conducted a duly noticed public hearing on said Application, continued'said public hearing to November 25, 1991 and December 9, 1991. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: _ 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. The Planning Commission hereby recommends that the City Council find the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, and, that further the City Council has reviewed and considered the information contained in the said Mitigate Negative Declaration with respect to the application. 3. The Planning Commission hereby recommends that the City Council find and determine that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur. 4. Based upon substantial evidence presented to this Commission during the above public hearing and oral testimony provided at the hearing, this Commission hereby specifically recommends that the Council finds as follows: (a) The project relates to a site comprised of 4.39 acres with a two (2) story office building, within the CM-BE-U/C zone, on 1575 Valley Vista Drive, City of Diamond Bar, California. (b) Generally, to the North is the CM-BE-U/C zone; to the South is CM-BE-U/C and R-1-10,000 zones; to the East is CM-BE-U/C zone; to the West is CM-BE-U/C zone. (c) The nature, condition, and size of the site has been con- sidered. The site is adequate in size to accommodate the use. (d) The Tentative Parcel Map will not have an adverse impact on adjacent or adjoining residential commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and the Tentative Parcel Map will not adversely affect the health or welfare of persons residing or working in the surrounding area. (e) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject property. Failure of the permittee to cease any development shall be a violation of these conditions. (f) Notification of the public hearing for this project has been made. (g) The granting of this Tentative Parcel Map is based on the reasonable probability that the request considered herein will be consistent with the General Plan on the basis of review of the draft General Plan presently under going evaluation by the City. There is little or no probability of substantial detriment to or interference with the r finally adopted General Plan if this application is granted and the same is ultimately inconsistent with the ._.. Plan because the unique physical circumstances applicable to the subject site, together with the conditions applied hereto, serve to minimize and deleterious impacts which could otherwise arise. Further, this projectfs demonstrated compliance with all applicable requirements of State law and local ordinance in addition to the referenced conditions serves to insure this entitlement is harmonious with and beneficial to the community. (h) This grant allows for the minor subdivision of one (1) parcel, Lot 13 with 4.39 acres into two (2) lots. Lot No. 1 with 3.62 acres and Lot No. 2 with .77 acres. 5. Based upon the substantial evidence and conclusion set forth herein above, and conditions set forth below in this Resolution, presented to the Planning Commission on December 9, 1991, public hearing as set forth above, this Commission recommends the approval and imposition of the conditions that follow: (a) The project shall substantially conform to all plans dated December 9, 1991 as submitted to and approved by the Planning Commission labeled Exhibit "A". (b) The Applicant shall comply with conditions prepared by the Department of Public Works and Engineering labeled Exhibit "B" which is attached to this Resolution. (c) When Lot 2 is developed, the sidewalk bordering on Valley Vista shall be extended. (d) Future development of Lot 2 shall be subject to Development Review process and Condition No. 24 in Exhibit "B" dated December 91 1991. (e) This Resolution recommending approval to the City Council shall supersede all previous resolutions. (f) 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, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. (g) The Planning Commission hereby recommends that the City Council find and determine that, based upon the initial study, findings set forth, and conditions applied to this application, the proposed Tentative Parcel Map N0. 22102 will not have a significant adverse effect on the environment. 6. This Planning Commission hereby recommends that the City Council approve Resolution No. 91-27 and Negative Declaration for Tentative Parcel Map No. 22102. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; (b) Forward this Resolution to the City Clerk for placement on the City Council agenda; and (c) Forthwith transmit a certified copy of this Resolution, by certified mail, to Bryan Stirrat and Associate, at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 9TH,DAY OF DECEMBER, 1991. PLANNING COMMISSION OF THE TY F DIAW&D BAR. BY: Jack Grot Chairman ATTEST amen DeSte`ano, Secretary I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, 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 9th day of December, 1991, by the following vote -to -wit: AYES: [COMMISSIONERS:] GROTHE, HARMONY, MACBRIDE, SCHEY NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] LIN