The URL can be used to link to this page

Home My WebLink AboutRES 2007-17CITY COUNCIL RESOLUTION NO. 2007 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING GENERAL PLAN AMENDMENT NO. 2005-01 FOR PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765- 005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765- 005-905, 8763-026-907, AND 8763-026-901) A. RECITALS 1 _ The applicant, South Pointe West, LLC, has filed an application for General Plan Amendment No. 2005-01 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road, and identified as Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765- 005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project, which found that the proposed project may have remaining significant impacts that require adoption of "Findings of Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR has been reviewed prior to considering approval of General Plan Amendment 05-01; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council has adopted a resolution certifying the EIR, adopting a mitigation monitoring plan, "Findings of Facts and Statement of Overriding Considerations" for the project; 4. The applicant has requested approval of Zone Change No. 2006-03, Specific Plan No. 2005-01 (South Pointe West Specific Plan), Development Agreement No. 2005-01, Conditional Use Permit No. 2005-05, Development Review No. 2005-27, Vesting Tentative Tract Map No. 63623, and Tree Permit No. 2005-06 that are being reviewed concurrently with this application; 5.. The applicant has specifically requested the City approve the following: 2007-17 (a) General Plan Amendment No. 2005-01 to: 1) remove a deed restriction to allow for the construction of 99 residential units and 2) revise the General Plan land use map to change the land use designation for area of the site not already designated as such to Planning Area 4/Specific Plan; 6. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. On December 8, 2006, notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 7. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the application, and approved Resolution No. 2006-53 recommending the City Council approve GPA No. 2006-01; 8. On December 19, 2006, and continued to January 16, February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the application; 9. The City Council has determined that the proposed General Plan Amendment represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. 10. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. B RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. 2. The City Council finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California 2 CC -GPA 200%'-1% Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6,, This Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. The City Council hereby finds, as required by Municipal Code le CC -GPA 2007--17 Section 22.70.050, as follows: 1. The amendment to the General Plan is internally consistent with the adopted goals and policies of the City and is in the public interest. General Plan Amendment No. 2005-01 will permit residential, rather than open space, in an area adjacent to an existing residential development. The General Plan Amendment promotes preservation of environmental resources within proposed developments with clustering of the project to preserve open space. The General Plan also promotes the development of Larkstone Park on the property. The proposed General Plan Amendment is consistent with both of these goals in that it will allow clustering of the residential portions of the specific plan to areas of the site with the flattest slopes and retention of approximately 50% of the site with open space. The proposed amendment also includes designation of a portion of the site as park. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. 8. The City Council does hereby approve General Plan Amendment No. 2005-01 removing a deed restriction limiting the number of residences that can be built on the approximate 34.5 -acre site located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessor's Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763- 026-901), and revising the General Plan land use map to change the land use designation for area of the site not already designated as such to Planning Area 4/Specific Plan and Park for the future public park, subject to the following conditions of approval: (a) The General Plan amendment GPA No. 2005-01 shall not take effect until and unless Development Agreement No. 2005-01 is approved and in effect. (b) The General Plan amendment GPA No. 2005-01 shall not take effect until and unless Environmental Impact Report No. 2005-01 has been certified, and the Findings of Facts and Statement of Overriding Considerations have been adopted for the project. (c) General Plan amendment No. 2005-01 shall take effect 30 days from the date of approval of this Resolution. The City Council shall: (1) Certify to the adoption of this Resolution; 4 CC -GPA 2007-17 1 1 (2) Provide notice to the applicant, South Pointe West, LLC, that the time within which judicial review of the decision represented by this Ordinance must be sought is governed by the provisions of the California Code of Civil Procedure Section 1094.6; and (3) Forthwith transmit a certified copy of this Resolution to the applicant, South Pointe West, LLC, forthwith. APPROVED AND ADOPTED THIS 6TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Ste ye, Mayo I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6t' day of March 2007, by the following vote: AYES: Councilmembers: Chang, K/Tye NOES: Councilmembers: Vane ABSENT: Councilmembers: None ABSTAIN: Council members: None ATTEST: ti Tomm e Cribbins, City Clerk 5 Everett, Herrera, MPT/Tanaka, CC -GPA 2007-17