HomeMy WebLinkAboutPC 99-02PLANNING COMMISSION
RESOLUTION NO. 99-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ADOPT AN AMENDMENT TO THE GENERAL
PLAN (GPA NO. 98-1)
A. RECITALS.
1. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angles County Code as
the ordinances of the City of Diamond Bar. Title 21 of
the Los Angeles County Code contains the Subdivision Code
of the County of Los Angeles applicable to development
applications within the City of Diamond Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. The General Plan establishes goals,
objectives and strategies to implement the community's
vision for its future.
3. The City of Diamond Bar has determined that the existing
Land Use Element, Objective 1.5, Strategy 1.5.3 relating
to Open Space contained within the City of Diamond Bar
General Plan required modification to meet the City's
goals and objectives in terms of the type of development
envisioned by the General Plan.
4. The Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing``with regard to
the General Plan Amendment No. 98-1. The public hearing
was opened on January 12, 1999 and concluded on January
26, 1999.
i
5. The Planning Commission considered, individually and
collectively, the General Plan Amendment No. 98-1, Land
Use Element, Objective 1.5, Strategy 1.5.3.
6. The Planning Commission, after due consideration of
public testimony, staff analysis and the Commission's
W_ 1
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deliberations has determined that the General Plan
Amendment No. 98-1 attached hereto as Exhibit "A" and
incorporatedyimplement0'''
b reference into this Resolution s'
the goals of the City. The Planning Commission has duly Iiti
considered these issues so as to meet the City's needs in
terms of the type of development envisioned by the
General Plan.
7. The 1995 General Plan remains properly integrated and
internally consistent as required by California
Government Code Section 65300.5.
8. Pursuant to Government Code Section 65090 and 65353,
notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on January 1, 1999 in a
one eighth page legal advertisement.
9. 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: in',
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 adopt the General Plan Amendment No. 98-1 for the
City of Diamond Bar attached hereto as Exhibit "A" and
incorporated herein by reference.
3. The Planning Commission hereby determines that there is
no substantial evidence that the General Plan Amendment
No. 98-1 will have a significant effect on the
environment and therefore is categorically exempt
pursuant to the requirements of the California
Environmental Quality Act of 1970, as amended, and the
guidelines promulgated thereunder-, pursuant to Section
15317 of Article 19 of Chapter 3 of Division 13 of Title
14 of the.California Code of Regulations.
4. The Planning Commission hereby specifically finds and
determines that, having_ considered the record as a whole'
2 _..
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_ including the findings set forth below, there is no evidence
before this Planning Commission that the General Plan
Amendment No. 98-1 proposed herein will have the potential of
an adverse effect on wildlife resources or the habitat upon
which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of
adverse effects contained in Section 753.5 (d) of Title 14 of
the California Code of Regulations.
5. The Planning Commission finds and determines that the General
Plan Amendment No. 98-1 is consistent and compatible with and -
implements the goals, objectives and strategies of the City of
Diamond Bar General Plan.
The Secretary of the Planning Commission shall:
(a) Certify as to the adoption of this Resolution; and
(b) Transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
t
APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY, 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: l/ Cc.�
oe M anus, Chairman
I, James DeStefano, ecretary of the Planning Commission of the City of
Diamond Bar, doh eby certify that the foregoing Resolution was duly
introduced, passe , and adopted, at a regular meeting of the Planning
Commission held on the 26th day of January, 1999, by the following vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye,
C/McManus
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
f
ABSTAINED: COMMISSIONERS:
I
ATTEST: 6_�
Jame DeStefano,off Secretary
t C:\WP60\LINDAKAY\PLANCOMM\RESO\GPAMEND.126
3
City of Diamond Bar
GPA 98-1���''�"
ExMrr KA"
The Diamond Bar General Plan, Land Use Element, Objective 1.5, Strategy 1.5.3 is
amended to read as follows:
"Land designated as Open Space by deed (dedication, condition, covenant,
and/or restriction), by open space easement (CGC Section 51070 et seq.) or
by map restriction (explicit or previous subdivision) must comply with an
established review and decision making process prior to the recision,
termination, abandonment and/or removal of an open space dedication
easement and/or restriction.
Any decision to, rescind, terminate, abandon, remove or modify a deed
must be supported by findings that the decision is of significant benefit to
the City.
(a) Vacant land which deed is burdened by an open space dedication,
" condition, covenant and or restriction shall be required to be
subject to the abandonment process substantially similar to that
which is set forth in CGC Section 51090 et seq.
(b) Vacant land which is burdened by an open space easement pursuant
to CGC Section 51070 et seq. shall be required to be subject to the
abandonment process set forth in CGC Section 51090 et seq.
(c) Vacant land which is burdened by an explicit open space
designation delineated upon a map which was the result of a
previous subdivision approval shall be required to be subjected to at
least one public hearing before the City Council prior to any action
to remove said restriction.
A decision to rescind, terminate, abandon, remove or modify an open
space deed, map restriction or OS land use designation -must be preceded
by both a finding by the City Council that the decision " confers a
significant benefit on the City and a favorable vote of the electorate at a
regular or special election."
4 0
PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPT AN AMENDMENT TO THE GENERAL PLAN (GPA
A. RECITALS.
1. On April 18, 1989, the City of Diamond Bar was established as a duly organized
municipal corporation of the State of California. Thereafter, the City Council of the
City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the
Los Angles County Code as the ordinances of the City of Diamond Bar. Title 21
of the Los Angeles County Code contains the Subdivision Code of the County of
Los Angeles applicable to development applications within the City of Diamond
Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General
Plan establishes goals, objectives and strategies to implement the community's
vision for its future.
3. The City of Diamond Bar has determined that the existing Land Use Element,
Objective 1.5, Strategy 1.5.3 relating to Open Space contained within the City of
Diamond Bar General Plan required modification to meet the City's goals and
objectives in terms of the type of development envisioned by the General Plan.
4. The Planning Commission of the City o' f Diamond Bar conducted a duly noticed
public hearingNwith regard to the General Plan Amendment No. 98-1. The "Public
hearing was opened on January 12, 1999 and concluded -on January 26, 1999.
5. The Planning Commission considered, individually and collectively, the General Plan
Amendment No. 98-i, Land Use Element, Objective 1.5, Strategy 1.5.3.
6. The Planning Commission, after due consideration of public testimony, staff analysis
deliberations has determined that the General Plan Amendment No. 98-1
attached hereto as Exhibit "All and incorporated by reference into this Resolution
implements the goals of the City. The Planning Commission has duly considered
these issues so as to meet the City's needs in terms of the type of development
envisioned by the General Plan.
The 1995 General Plan remains properly integrated and internally consistent as
required by California Government Code Section 65300.5.
8. Pursuant to Government Code Section 65090 and 65353, notification of the public
hearing for this project was published in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers on January 1, 1999 in a one eighth page -
legal advertisement.
9. All legal prerequisites to the adoption of this resolution have occurred.
MI109A411[9111
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
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 adopt the
General Plan Amendment No. 98-1 for the City of Diamond Bar attached hereto
as Exhibit "A" and incorporated herein by reference.
3. The Planning Commission hereby determines that there isno substantial evidence that
the General Plan Amendment No. 98-1 will have a significant effect on the
environment and therefore is categorically exempt pursuant to the requirements of
the California Environmental Quality Act of 1970, as amended, and the guidelines
promulgated thereunder, pursuant to Section 15317 of Article 19 of Chapter 3 of
Division 13 of Title 14 of the -,California Code of Regulations.
4. The Planning Commission hereby specifically finds and determines that, having considered the
record as a whole' --I
including the findings set forth below, there is no evidence before this Planning
Commission that the General Plan Amendment No. 98-1 proposed herein will have the
potential of an adverse effect on wildlife resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California
Code of Regulations.
5. The Planning Commission finds and determines that the General Plan Amendment No. 98-1 is
consistent and compatible with andimplements the goals, objectives and strategies of the
City of Diamond Bar General Plan.
The Secretary of the Planning Commission shall:
(a) Certify as to the adoption of this Resolution; and
(b) Transmit a certified copy of this Resolution to the City Council of the City of Diamond
APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY, 1999, BY THE PLANNING
BY: Ao e 4-1 —an u.,
I, James DeStefano,/,tecretary of the Planning Commission of the City of Diamond Bar, do he#eby
certify that the foregoing Resolution was duly introduced, passecF, and adopted, at a regular meeting of
the Planning Commission held on the 26th day of January, 1999, by the following vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, C/McManus
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ATTEST: PDeoSt ff Secre
3
City of Diamond
EXHIBIT "A"
The Diamond Bar General Plan, Land Use Element, Objective 1.5,
"Land designated as Open Space by deed (dedication, condition,
covenant and/or restriction), by open space easement (CGC,
Section 51070 et seq.) or by map restriction (explicit or previous
subdivision) must comply with an established review and decision
maldng process prior to the recision,
Any decision to rescind, terminate, abandon, remove or modify a
deed must be supported by findings that the decision is of
significant benefit to the City.
(a) Vacant land which deed is burdened by an open space
dedication, condition, covenant and or restriction shall be
required to be subject to the abandonment process
substantially similar to that which is set forth in CGC Section
51090 et seq.
(b) vacant land which is burdened by an open space easement
(c) Vacant land which is burdened by an explicit open space
designation delineated upon a map which was the result of a
previous subdivision approval shall be required to be
subjected to at least one public hearing before the City
A decision to rescind, terminate, abandon, remove or modify an
open space deed, map restriction or OS land use designation -must
be preceded by both a finding by the City Council that the decision
confers a significant benefit on the City And a favorable vote of the