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HomeMy WebLinkAboutPC 99-01PLANNING COMMISSION RESOLUTION NO. 99-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAR TREE PERMIT NO. 92-9 FOR A PROPERTY LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Armut Patel of Sasak Corporation, has filed an application for a one year extension of time for -Tentative Parcel Map,No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9. The project site is located east of Morning Sun Avenue and north of Pathfinder Road, Los Angeles County, Diamond Bar, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time shall be referred to as the "Application". p~ 2. On May 17, 1995, the City Council adopted Resolution Nos. 95-21 and 95-22 approving the applicant's project. 3. The City Council approval was based on the applicant obtaining a permanent transfer of property from the Walnut Valley Unified School District to the applicant. The permanent transfer of property (approximately 3 acres) would allow the applicant access to the project site from Morning Sun Avenue and allow the applicant to expand the lot and pad size of Lots 5, 6, 7, and 8 in order to comply with the required lot size and pad size. 4. The approved project would subdivide approximately 6.7 acres (owned by the applicant) and approximately 3 acres (currently owned by the Walnut Valley School District) into a 21 unit, single-family, residential development, along with the removal and replacement of oak and walnut trees and native vegetation according -to the approved Mitigation Monitoring Program. 5. The project site has a General Plan land use designation of Low Density Residential (RL Maximum 3 Dwelling Units Per Acre). It is zoned Residential Planned Development - Minimum Lot Size 10,000 Square Feet -6 Units Per Acre (RPD -10,000-6U). 6. Generally, the following zones and use surround the project site: to the north is the Single Family 1 Residence -Minimum Lot Size 15,000 Square Feet (R-1- 15,000) Zone; and to the east is the Residential Planned Development -Minimum Lot Size 10,000 Square feet -6 Units Per Acre (RPD -10,000-6U) and the Walnut Valley School District property;°.to the south is the RPD -10,000-6U) Mjgry Zone; and to the west is the Single Family Residence- til;, rllll Minimum Lot Size -8,500 Square Feet (R-1-8,000) Zone. 7. The City Council project approval expired August 6, 1998. The applicant submitted a written request for a one year extension of time, prior to the expiration of the map, as required by the Subdivision Map Act and Title 21 of the Los Angeles County Code (the City Subdivision Ordinance). 8. On November 24, 1998, the Planning Commission conducted a duly noticed public hearing on the Application. At that time and pursuant to the applicant's request, the public hearing was continued to December 8, 1998. On December 8, 1998 and pursuant to the applicant's request, the public hearing was continued to January 12, 1999. 9. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 2, 1998. One hundred and thirty-seven property owners within a 500 foot radius of the project site were notified by mail on October 29, 1998.' B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council 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. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) Due to the Tract Map's design, 3 acres of property owned by the Walnut Valley Unified School District is required for the Map's development as presented. Access to the project site through the Walnut Valley Unified School District property is essential. Without a permanent transfer of property from the School District to the applicant, the project site has no means of access. Additionally, in order to comply with the required lot and pad size, the permanent transfer of land, adjacent to the rear of Lots 5, 6, 7, and 8, from the School District to the applicant is also essential. Without the transfer of .property, the Map can not record. (b) The applicant within this extension period, shallw diligently pursue compliance with conditions of K: approval. The following conditions of approval required for final map approval/or map recordation shall be met: K Resolution No. 95-21: B. 2. through 5.; C. 2. and 10; E. 4., 11. through"13., and 18.; E. 1. through 3., 6. through 8., 11., 12., 1., 17., 20., 21., 28., -- 30.; 32., 37., 39., 46., 48., 49., 51. through 54. and 57. - Resolution No. 95-22: B. 2. through 5.; C. 2. and 10; E. 4., 11. through 13., and 18.; E. 1. through 3., 6. through 8., 11., 12., 1., 17., 20., 21., 28., 30.; 32., 37., 39., 46., 48., 49., 51. through 54. and 57. (c) On May 17, 1995 a landslide occurred on the project site which provided a reasonable basis for consideration of a time extension request. (d) Given the above referenced circumstances, further extension of time for the subject map is warranted. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve the requested Extension of Time Applica- tion. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Amrut Patel, Sasak Corporation, 858 W. 9th Street, Upland, CA 91785. APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY, 1999, BY THE PLANNINGQCOMMISS ON OF THE CITY OF DIAMOND BAR. Joe Mc Manus, Chairman I, Jas DeStefano, Planning Commission Secretary, hereby certify that the firegoing 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 12th day of January, 1999, by the following vote: AYES: McManus, Ruzicka, Kuo NOES: Tye ABSENT: None ABSTAIN: Nelson ATTEST: Jam DeStefa , Secretary 3 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT NO. 92-9 FOR A PROPERTY LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF PATHFINDER ROAD,r DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Armut Patel of Sasak Corporation, has filed an application for a one year extension of time for -Tentative Parcel Map,No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9. The project site is located east of Morning Sun Avenue and north of Pathfinder Road, Los Angeles County, Diamond Bar, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time shall be referred to as the "Application". 2. On May 17, 1995, the City Council adopted Resolution Nos. 95-21 and 95-22 approving the applicant's project. 3. The City Council approval was based on the applicant obtaining a permanent transfer of property from the Walnut Valley Unified School District to the applicant. The permanent transfer of property (approximately 3 acres) would allow the applicant access to the project site from Morning Sun Avenue and allow the applicant to expand the lot and pad size of Lots 5, 6, 7, and 8 in order to comply with the required lot size and pad size. 4. The approved project would subdivide approximately 6.7 acres (owned by the applicant) and approximately 3 acres (currently owned by the Walnut Valley School District) into a 21 unit, single-family, residential development, along with the removal and replacement of oak and walnut trees and native vegetation according -to the approved Mitigation Monitoring Program. 5. The project site has a General Plan land use designation of Low Density Residential (RL Maximum 3 Dwelling Units Per Acre). It is zoned Residential Planned DevelopmentMinimum Lot Size 10,000 Square Feet -6 Units Per Acre (RPD -10,000-6U). 6. Generally, the following zones and use surround the project site: to the north is the Single Family Residence -minimum Lot Size 15,000 Square Feet (R-115,000) Zone; and to the east is the Residential Planned Development -Minimum Lot Size 10,000 Square feet -6 Units Per Acre (P.PD-10,000-6U) and the Walnut Valley School District property -,,to the south is the RPD -10,000-6U) Zone; and to the west is the Single Family ResidenceMinimum Lot Size -8,500 Square Feet (R-1-8,000) Zone. 7. The City Council project approval expired August 6, 1998. The applicant submitted a written request for a one year extension of time, - prior to the expiration of the map, as required by the Subdivision Map Act and Title 21 of the LosAngeles County Code (the City Subdivision ordinance). 8. On November 24, 1998, the Planning Commission conducted a duly noticed public hearing on the Application. At that time and pursuant to the applicant's request, the public hearing was continued to December 8, 1998. On December 8, 1998 and pursuant to the applicant's request, the public hearing was continued to January 12, 1999. 9. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 2, 1998. One hundred and thirty-seven property owners within a 500 foot radius of the B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council 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. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) Due to the Tract Map's design, 3 acres of property owned by the Walnut Valley Unified School District is required for the Map's development as presented. Access to the project site through the Walnut Valley Unified School District property is essential. Without a permanent transfer of property from the School District to the applicant, the project site has no means of access. Additionally, in order to comply with the required lot and pad size, the permanent transfer of land, adjacent to the rear of Lots'5, 6, 7, and 8, from the School District to the applicant is also essential. Without the transfer of.property, the Map can not record. (b) The applicant within this extension period, shall diligently pursue compliance with conditions of approval. The following conditions of approval required for final map approval/or map recordation shall be met: Resolution No. 95-21:-B. 2. through 5.; C. 2. and 10; E. 4., 11. through",'13., and 18.; E. 1. through 3., 6. through 8., 11., 12., 1., 17., 20., 21., 28., 30.; 32., 37., 39., 46., 48., 49., 51. through 54. and 57. Resolution No. 95-22: B. 2. through 5.; C. 2. and 10; E. 4., 11. through 13., and 18.; E. 1. through 3., 6. through S., 11., 12., 1., 17., 20., 21., 28., 30.; 32., 31., 39., 46., 48., 49., 51. through 54. and 57. (c) On May 17, 1995 a landslide occurred on the project site which provided a reasonable basis for consideration of a time extension request. (d) Given the above referenced circumstances, further extension of time for the subject map is warranted. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve the requested Extension of Time Application. The Planning Commission shall: PLANYIWG—C (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Amrut Patel, Sasak Corporation, 858 W. 9th Street, Upland, CA 91785. APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY, 1999, BY THE COMMISSION OF THE CITY OF DIAMOND BAR. BY: C., Joe Mc Manus, Chairman I, Jai&s Destefano, Planning Commission Secretary, 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 12th day of January, 1999, by the following vote: AYES: McManus, Ruzicka, Kuo NOES: Tye ABSENT: None ABSTAIN: Nelson ATTEST: N45—S Jam—DeStefa Secretary 3