HomeMy WebLinkAboutPC 94-10PC RESOLUTION NO. 94-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING CITY COUNCIL
DENIAL OF PARCEL MAP NO. 24031, A REQUEST TO MERGE
TWO EXISTING PARCELS, TO REMOVE ACCESS AND
BUILDING RIGHTS RESTRICTIONS, AND OPEN SPACE
EASEMENTS .ON A 68 ACRE SITE, LOCATED SOUTH OF
GRAND AVENUE, EAST OF SHOTGUN LANE AND WEST OF
THE SAN BERNARDINO � COUNTY LINE, IN THE CITY OF
DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
(i) J.C. Dabney and Associates, acting as Agent for R -n -P
Development, Inc., 4439 Rhodelia Ave., Claremont, CA. 91711 has filed an
application for Parcel Map No. 24031, for property located as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Parcel Map application is
referred to as "application".
(ii) 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 the California Government Code Section 57376, Title
21 and 22, 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 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 application, within the City of Diamond
Bar.
(iii) The City of Diamond Bar lacks an operative General Plana
Accordingly, action was taken on the subject application, as to consistency to the future
adopted General Plan, pursuant to the terms and provisions of an Office of Planning
and Research Extension granted pursuant to California Government Code Section
65361.
(iv) On May 23, 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.
occurred.
(v) All legal prerequisites to the adoption of this Resolution have
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B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning
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Commission of the City of Diamond Bar 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. Based upon substantial evidence presented to the Planning
Commission during the above public hearing and oral testimony
provided at the hearing, the Planning Commission hereby
specifically finds as follows: ,
(a) The project relates to a site comprised of approximately
68 acres and is current absent of development and serves
as a natural drainage area. The site is located within the
RPD -20,000-2U Zone, in the City of Diamond Bar,
California;
(b) The subject site is surrounded by residential development
to the north, south and west, and vacant undeveloped land
to the east;
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(c) The subject site is bounded by Grand Avenue, a major
roadway and by Summitridge Drive, and Rimford Lane;
(d) The site is currently known as Lot 1 of Tract No. 31479
and Lot 61 of Tract 42557. Both lots contain building
restrictions and lot 61 additionally contains prescriptions
for access to Grand Avenue. These restrictions have the
impact of creating open space easements over the lots;
(e) The nature, condition, and size of the site has been
considered. The site is adequate in size to accommodate
the use although the geotechnical and flood hazards may
not lend themselves to development of the site;
(f) The project may have an adverse impact on adjacent or
adjoining uses. It may be materially detrimental to the
use, enjoyment, or valuation of property of other persons
located in the vicinity and may adversely affect the health
or welfare of persons residing in the surrounding area;
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(g) That the map is not consistent with applicable goals of the
contemplated General Plan;
(h) That the design of the subdivision and the proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or
wildlife or their habitat;
(i) Based on substantial evidence presented to the Planning
Commission during the above referenced public hearing
and upon the specific findings presented herein, the
Planning Commission concludes that it cannot find
conformity with Government Code Section 51093 and
65874 regarding the abandonment of the open space
easements.
3. Based upon the findings and conclusions set forth in paragraphs 1
and 2 above, this Commission hereby recommends that the City
Council deny the application for Parcel Map No. 24031 and the
abandonment of the existing open space easements and building
rights restrictions.
The Planning Secretary Shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, to J.C. Dabney and Associates and R -n -P
Development, Inc. at the address as set forth on the
application.
APPROVED AND ADOPTED THIS THE 23RD DAY OF MAY,
1994; BY THE PLANNING COMMISSION OF THE CITY OF
DIAMOND;David
BY:
Meyer, Chairman
ki
AYES: -[COMMISSIONERS:] Flamenbaum, Fong, Plunk
and Meyer
NOES: [COMMISSIONERS:]
ABSTAIN: [COMMISSIONERS:] Schad
ABSENT: [COMMISSIONERS:]
Attest:
James DeStefano, 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, at a regular meeting of the Planning
Commission held on the 23RD day of May, 1994, by the following vote -to -wit:
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