HomeMy WebLinkAboutRES 2006-781
C
CITY COUNCIL
RESOLUTION NO. 2006-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 2005-01 (SCH NO.
2005111118), ADOPTING THE MITIGATION MONITORING PROGRAM,
FINDINGS OF FACTS AND STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE SOUTH POINTE WEST SPECIFIC PLAN AND VESTING TENTATIVE
TRACT MAP NO. 63623, 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 (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
certification of Environmental Impact Report (EIR) No. 2005-01
(SCH No. 2005111118) and Mitigation Monitoring Program for the South Pointe
West Specific Plan and Vesting Tentative Tract Map No. 63623, as described in
the title of this Resolution. Hereinafter in this Resolution, the subject
Environmental Impact Report and Mitigation Monitoring Program shall be referred
to as the "Application."
2. 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. Notification of the public hearing for this
project was properly advertised in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers.
3. 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. 2006-52
recommending to City Council to certify the EIR as complete and adequate and to
adopt the Findings of Fact and Statement of Overriding Considerations.
4. On December 19, 2006, the City Council of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City
of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the project identified above in this
Resolution required an Environmental Impact Report (EIR) No. 2005-01. EIR
(SCH No. 2005111118) has been prepared according to the requirements of the
California Environmental Quality Act (CEQA) and guidelines promulgated
hereunder. The 45 -day public review period for the EIR began August 25, 2006
and ended October 9, 2006. Furthermore, the City Council has reviewed the EIR
and related documents in reference to the Application.
3. The City Council hereby specifically finds and determines that, having
considered the record as a whole, including 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, there is no evidence before this
City Council that the project 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 City Council hereby rebuts the presumption of
adverse effects contained in Section 753.5(d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, the City Council
hereby finds and determines that changes and alterations have been required in or
incorporated into and conditioned upon the project specified in the application,
which mitigate or avoid significant adverse environmental impacts identified in
Environmental Impact Report (SCH No. 2005111118) except as to those effects
which are identified and made the subject of a Statement of Overriding
Considerations which this City Council finds are clearly outweighed by the
economic, social and other benefits or the proposed project, as more fully set forth
in the Statement of Overriding Considerations.
5. The City Council hereby certifies the EIR complete and adequate; and
adopts the Findings of Facts, Statement of Overriding Considerations, and
Mitigation Report and Monitoring Program attached herein as Exhibit "A" and
hereby incorporated by reference.
The City Council shall:
(a) Certify to the adoption of this Resolution;
2006-,7£3
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(b) Provide notice to South Pointe West, LLC, JCC Homes , the applicant, that
the time within which judicial review of the decision represented by this Resolution
must be sought is governed by the provisions of California Code of Civil
Procedures Section 1094.6; and
(c) Transmit a certified copy of this Resolution, by certified mail, to: South
Pointe West, LLC, JCC Homes, 2632 W. 237th Street, Suite 201, Torrance, CA
90505.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2006, BY THE
CITY COUNC F THE CITY OF DIAMOND BAR.
iY:
_ l
Steve Tye, Mayo
I, Tommye Cribbins, Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the City Council of the City of
Diamond Bar, at a regular meeting of the City Council held on the 19th day of December
2006, by the following vote:
AYES: Councilmembers: Chang, Herrera, Zirbes, MPT/Tanaka,
M/ Tye
NOES: Councilmembers: None
ABSENT: Councilmembers: None.
ABSTAIN: Councilmembers: None
ATTEST:
Tommye Cribbins, City Clerk
2006-78