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Home My WebLink AboutPC 94-17RESOLUTION NO. 94-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-2 AND APPROVAL OF ZONE CHANGE 92-2, A REQUEST FOR A RECLASSIFICATION OF A PORTION OF REAL PROPERTY CURRENTLY DESIGNATED AS ZONE A-2-2 (HEAVY AGRICULTURE) TO R-1-40,000 (SINGLE FAMILY RESIDENCE) ZONE, FOR A PROJECT LOCATED IN NORTHERN TONNTER CANYON, WITHIN SEA NO. 15, SOUTHERLY AND EASTERLY OF BLAZE TRAIL DRIVE, IN DIAMOND BAR, CALI- FORNIA, ALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Hunsaker and Associates, acting as agent for the applicant, Unionwide, Inc., 2130 Rockridge Court, Fullerton, California, has heretofore filed an appli- cation for certification of a Environmental Impact Report No. 92-2 (SCH NO. 92121069) and Zone Change No. 92-2, as described in the title of this Resolution, hereinafter referred to as "the 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 by adopting its Ordinance No. 14, thereby adopted 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 Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (iv) 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. - occurred. {v) All legal prerequisites to the adoption of this Resolution have 1 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the Pill 111 City of Diamond Bar as follows:`"' 1. This Planning Commission hereby specifically fords that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. - 2. The City Planning Commission hereby finds that the project has been required to prepare an- Environmental Impact Report in compliance with the California Environ- mental Quality Act of 1974, as amended, and the Guidelines promulgated thereunder, and further, this, Planning Commission has reviewed and considered the information in reference to the application. 3. The Planning Commission hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no unmitigated significant adverse environmental effects will result. 4. Based on the substantial evidence presented to this Commission during the above referenced public hearing on June 13, 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(a), this Commission hereby specifically finds as follows: - (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 with the zoning standards, the 1992 General Plan, and EIR No. 92-2. (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 disced for compliance with the County of Los Angeles Fire Code for areas located in Fixe 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. 2 (f) Notification of the public hearing for this project has been made in K 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. (g) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring ex- isting and future developments, and will not create significant traffic or pedestrians hazards; (h) The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors because the design and layout of the project provides a safe and aesthetically pleasing environment. (i) There is little or no probability that the subdivision of said real property, as proposed in the application will be a substantial detriment to, and interfere with, the implementation of the draft General Plan for the area surrounding the project of the site; . and 0) The application, as proposed will and conditioned herein, complies with all other applicable requirements of state and local ordinances. r (k) That the pattern of land use and development in the area of the project has consistently transitioned into one (1) acre estate residential development and the there is a proposed residential development project, which,together, warrant the modification of the zone classification; (1) 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; (m) The proposed site has_ adequate traffic access and said site is adequately served by other public or private service facilities which it requires, and is an appropriate location for the requested classification; (n) The location of the proposed land use 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 con- stitute a menace to the public health, safety or general welfare and is in conformity with good zoning practice; (o) The subject site lies within the 1992 General Plan Rural Residential (RR) land use designation and the proposed classification is consistent with the that classification. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of the application subject to the restrictions and conditions listed below. Planning Department Requirements (1) This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed at the office of Planning Division of the Community Development Department the Affidavit of Acceptance and accepts all the conditions of this permit; (2) That all requirements of the Zoning Ordinance and of the underlying zoning of the subject property must be complied with, unless set forth in the permit or shown on the approved plan; (3) This grant shall be null, void and of no effect if the Council of the City of Diamond Bar fails to approve Vesting Tentative Tract Map No. 51169. 6. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to Hunsaker and Associates and Unionwide, Inc. at the addresses set forth on the application. APPROVED AND ADOPTED THIS THE 25TH DAY OF JULY, 1994 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: / avid Me er, Chairman 4 VU Vi 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 25th day of July, 1494, by the following vote -to -wit: AYES: [COMMISSIONERS:] Flamenbaum, Schad, Fong, Plunk, Meyer NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ATTEST James DeStefanc Secretary 9