HomeMy WebLinkAboutRES 2004-35RESOLUTION NO. 2004- 35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR CERTIFYING THE ADDENDUM TO THE ENVIRONMENTAL
IMPACT REPORTS FOR THE DIAMOND BAR MEDICAL PLAZA AND
THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; AND
FINDINGS AND STATEMENTS OF FACT IN SUPPORT THEREOF,
REGARDING DEVELOPMENT OF A 71 -ACRE PARCEL LOCATED
SOUTH OF GRAND AVENUE AND EAST OF GOLDEN SPRINGS
DRIVE, CONSISTING OF 200 MULTI -FAMILY RESIDENTIAL UNITS
AND UP TO 270,000 SQUARE FEET OF COMMERCIAL, RETAIL AND
INSTITUTIONAL USES.
A. RECITALS
Lewis Operating Corp. (the "Applicant") has submitted a request to the
City of Diamond Bar (the "City") to develop the approximately 71 -acre
parcel of property located south of Grand Avenue and east of Golden
Springs Drive (the "Property") with 200 for -sale, multi -family residential
housing units, 50,000 square feet of institutional uses and 220,000 square
feet of commercial -retail uses (the "Diamond Bar Village," or "DBV");
2. The Applicant has specifically requested the City to approve the following:
(a) A certification of an addendum to certain prior Environmental
Impact Reports concerning the Property, as discussed below;
(b) General Plan Amendment No. 2004-01, changing the General Plan
designation of a 14 -acre portion of the Property from Planning Area
3/Specific Plan/Professional Office to Planning Area 3/Specific
Plan/High Density Residential;
(c) Zone Change No. 2004-02, modifying the City's Zoning Map to
notate the Property as within the SP (Specific Plan) zoning district,
with sub -areas of RH (High -Density Residential), OS (Open Space)
and C-3 (Regional Commercial) uses;
(d) Specific Plan No. 2004-01, delineating the Applicant's proposal for
development of Diamond Bar Village on the Property; and
(e) Finalization and execution of Development Agreement No. 2004-01
by the City Manager, concerning terms and conditions of the
development of Diamond Bar Village on the Property;
3. Applicant's case materials, including a complete application for Diamond
Bar Village, are on file with the City's Department of Community and
Development Services, Planning Division;
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4. Pursuant to and in conformance with the California Environmental Quality
Act, Pub. Res. Code § 21000 et seq. ("CEQA") and CEQA Guidelines, 14
Calif. Code Regs. § 15000 et seq., the City prepared an Environmental
Impact Report for Diamond Bar Medical Plaza ("Medical Plaza EIR"),
which was certified by the City Planning Commission on April 12, 1993, by
Planning Commission Resolution No. 93-11 and is designated State
Clearinghouse No. 91121027;
5. Also pursuant to and in conformance with CEQA, the City prepared an
Environmental Impact Report for Diamond Bar Economic Revitalization
Area (the "Revitalization EIR"), which was certified by the City Council on
July 1, 1997, by Resolution No. 97-51 and is designated State
Clearinghouse No. 96111047;
6. Also pursuant to and in conformance with CEQA, the City prepared an
addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar
Village, as DBV is consistent with the type and intensity of land uses
analyzed in such EIRs, there are neither new significant impacts nor a
substantial_ increase in the severity of the impacts identified in such EIRs
and no new mitigation measures are required; and
7. The Planning Commission held a duly -noticed public hearing to consider
Diamond Bar Village on June 22, 2004, and upon its conclusion adopted
Resolution No. 2004-22 recommending City Council approval of the
addendum.
8. The City Council held a duly -noticed public hearing to consider Diamond
Bar Village on June 29, 2004.
B. RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar does hereby approve and certify the Addendum to the Medical Plaza and
Revitalization EIRs for Diamond Bar Village, which addendum is adequate for the
purposes of CEQA based on the following findings:
The City of Diamond Bar certified the Diamond Bar Medical Plaza
Environmental Impact Report by Planning Commission Resolution
No. 93-11 on April 12, 1993, (the "Medical Plaza EIR") and certified the
Diamond Bar Economic Revitalization Plan Environmental Impact Report
by Resolution No. 97-51 on July 1, 1997, (the "Revitalization EIR"), which
EiRs were prepared in compliance with CEQA, and which documents
consider and analyze the environmental impacts of development on the
Property or portions thereof. The Medical Plaza EIR identified significant
and unmitigatable impacts on future traffic on Grand Avenue, Golden
Springs Road, SR -57 and SR -60 and cumulative impacts to air quality.
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The City of Diamond Bar adopted findings and a statement of overriding
considerations in Planning Commission Resolution No. 93-11 on April 12,
1993. In addition, the Revitalization EIR identified significant,
unavoidable, adverse impacts to air quality, and the City of Diamond Bar
adopted findings and a statement of overriding considerations in
Resolution No. 97-51 on July 1, 1997. The Medical Plaza and
Revitalization EIRs considered developments for the Property that were
more intensive than Diamond Bar Village. Based on the Addendum for
DBV, approval and development of DBV would result in environmental
impacts no more significant than those considered in the Medical Plaza
and Revitalization EIRs.
2. Pursuant to Section 21090 of CEQA and Sections 15006, 15162, 15164
and 15168 of the CEQA Guidelines, the Project, as defined in the
Addendurn, is an action considered under the Medical Plaza and
Revitalizat''on EIRs, and there is substantial evidence that there are no
new significant environmental impacts, there is no substantial increase in
the severity of any previously identified impact and there are no new
mitigation measures required so as to warrant a supplemental or
subsequent EIR or negative declaration.
3. The City has independently reviewed and considered the Addendum for
Diamond Bar Village prior to taking action on the proposed project.
4. The information and analysis contained in the Addendum for Diamond Bar
Village reflects the City's independent judgment as to the environmental
consequences of the proposed project.
5. Diamond Bar Village is subject to the Mitigation Monitoring and Reporting
Plan (the "MMRP") identified in the Diamond Bar Village Initial Study,
which MMRP refines certain mitigation measures adopted in the Medical
Plaza and Revitalization EIRs and incorporates them as integral elements
of the DBV project.
6. 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, Department of Community and Development
Services, Planning Division, 21825 Copley Drive, Diamond Bar, CA
91765.
APPROVED AND ADOPTED THIS 29th DAY OF JUNE, 2004.
Bob Zirbes, Mayor
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I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, approved and adopted by the
City Council on the 29th day of ,June , 2004 with the following vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Ferrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
� V
AL: a C. Lowr ,CC- erk
City of Diamond Bar
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