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HomeMy WebLinkAboutPC 2011-26A REQUEST TO ADOPT RESOLUTION 2011-2.6, FINDING THE SALE AND DISPOSAL OF SURPLUS CITY PROPERTY LOCATED AT THE SOUTHEASTERLY CORNEROF DIAMOND BAR BOULEVARD AND BREA CANYON ROAD (APN 8714-015-001) TO BE IN CONFORMANCE WITH THE CITY'S GENERAL PLAN PURSUANT TO GOVERNMENT CODE SECTION 65402 A. RECITALS (i) WHEREAS, on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California; and (ii) WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements; and (iii) WHEREAS, the disposal of approximately 0.98 acres of land located at the southeasterly corner of Diamond Bar Boulevard and Brea Canyon Road (APN 8714-015-001) is proposed by the City of Diamond Bar; and (iv) WHEREAS, Section 65402 of the Government Code of the State of California required that no real property shall be disposed of until the location, purpose and extent has been reported upon by the planning agency of the city in which the land is located as to conformity with the General Plan; and (v) WHEREAS, the subject property is generally described herein as: ® Approximately 0.98 gross acre parcel; ® Assessor Parcel Number 8714-015-001; ® General Plan Land Use Designation — Commercial (C); ® Zoning Designation — Neighborhood Commercial (C-1); (vi) WHEREAS, on December 13, 2011, at a regularly scheduled meeting, the Planning Commission, considered the matter of the proposed disposal of said real property, and concluded said review prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE 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. The Planning Commission hereby finds that the sale and disposal of the property is in conformance with the adopted General Plan of the City of Diamond Bar as follows: (a) Circulation Element - Goal 3, Objective 3.1, Strategy 3.1.3 states: Improve intersections in the City which have peak hour traffic service levels worse than "D". Where feasible, these improvements should be made within the existing right-of-way". Upon disposal, the property will be encumbered with a provision requiring the purchaser/developer to incorporate the traffic enhancements at the intersection of Diamond Bar Boulevard and Brea Canyon Road required to improve service levels. The Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar for use in its deliberations regarding the possible disposal. APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER, 2011, BY THE PLANNINV COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jack ah, Chairman 1, Greg Gubman, Planning Commission Secretary, 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 13th day of December, 2011, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT- Commissioners ABSTAIN: Commissioners ATTEST: Greg Gubman, -Se'cretary Nelson, Torng, VC/Lee, Chair/Shah None W None Page 2