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HomeMy WebLinkAboutRES 2004-36RESOLUTION NO. 2004 - 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPROVING GENERAL PLAN AMENDMENT NO. 2004-01; AMENDING THE LAND USE ELEMENT PERTAINING TO PLANNING AREA - 3 IN ORDER TO PERMIT HIGH DENSITY RESIDENTIAL USES UPON A VACANT 14 ACRE SITE GENERALLY LOCATED NEAR THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE IDENTIFIED AS A PORTION OF PARCEL 2 OF PARCEL MAP 14819. WHEREAS, the applicant, Lewis -Diamond Bar, LLC, (the "Applicant") acting as the agent for the property owner, Inter Community Health Services, has filed an application for General Plan Amendment No. 2004-01 for property described as Parcel 2 of Parcel Map No. 14819 located on Grand Avenue in Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject General Plan Amendment shall be referred to as the "Application"; and WHEREAS, the Applicant has submitted a request to the City of Diamond Bar (the "City") to develop the 14 -acre portion of property located south of Grand Avenue and east of Golden Springs Drive (the "Property") with 200 for -sale, multi -family residential housing units and an optional 50,000 square foot office building, as components of a proposed 71 -acre "Diamond Bar Village," or "DBV" Specific Plan; and WHEREAS, the Applicant has requested City approval of an addendum to certain prior Environmental Impact Reports concerning the Property, and General Plan Amendment No. 2004-01, changing the General Pian land use designation of the approximately 14.3 acre flat portion of Parcel 2 of Parcel Map No. 14819 from Planning Area 3 / Specific Plan / Professional Office to Planning Area 3 / Specific Plan / High Density Residential permitting a maximum of 200 dwelling units with an option to develop a 50,000 square foot office building upon 2.7 acres of the property; and WHEREAS, 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, and; WHEREAS, 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;and 2004-36 WHEREAS, pursuant to and in conformance with CEQA, the City prepared an addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village property, 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 WHEREAS, pursuant to Section 21090 of CEQA and Sections 15006, 15162, 15164 and 15168 of the CEQA Guidelines, the Project, as defined in the Addendum, is an action considered under the Medical Plaza and Revitalization 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. WHEREAS, on June 16, 2004, public hearing notices for the City Council meeting of June 29, 2004, were mailed to approximately 906 property owners of record within a 700 - foot radius of the project. Furthermore, on June 17, 2004, the property was posted with a display board and public notices were posted in three public places. On June 18, 2004, notification of the public hearing for this Application was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. WHEREAS, on June 22, 2004, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing regarding the proposed Application and adopted its Resolution No. 2004-24, recommending City Council approval of General Plan Amendment No. 2004-01; and WHEREAS, on June 29, 2004, the City Council of the City of Diamond Bar conducted a duly noticed public hearing regarding the proposed Application. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Diamond Bar does hereby find, order and resolve the following: Section 1. This City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. Section 2. The City Council does hereby approve the Addendum and General Plan Amendment No. 2004-01 in conformance with California Government Code Section 65358. The City Council believes that the proposed General Plan amendment represents a logical, appropriate and rational alternate land use designation. Section 3. The existing approximate 14 -acre site located on the south side of Grand Avenue more particularly described as Parcel 2 of Parcel Map No. 14819• is hereby designated with a General Plan Land Use designation of Planning Area 3 - Specific Plan permitting Office Professional and High Density Residential uses. 2 2004-36 Section 4. The amendment to the General Plan is internally consistent with the adopted goals and policies of the City. General Plan Amendment No. 2004-01 will permit residential, in an area adjacent to existing residential developments. The General Plan Amendment promotes appropriate mixing of land uses, allows construction of a mixed-use development that includes office, residential, open -space preservation and is adjacent to a proposed commercial -retail use that adds to the City's tax base. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. Section 5. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Article 6, Sections 15162 and 15072, the City has determined that approval of the addendum reflects the independent judgment of the City of Diamond Bar. Section 6. 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/or 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 wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained it Section 753.5 (d) of Title 14 of the California Code of Regulations. Section 7. The City Council does hereby incorporate Conditions of Approval, attached as Exhibit A, and incorporated herein by reference, which shall be conditions to those matters specified in this Resolution. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Amend the General Plan to reflect the new land use classification. PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF ,TUNE 2004. Bob Zirbes, Mayor 2004-36 I, Linda C. Lowry, City Clerk, 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 29th day of June 2004, by the following vote: AYES: COUNCILMEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None ABSTAIN: COUNCIL MEMBERS:None / i da C. Lowry, City C" City of Diamond Bar 4 2004--36 Exhibit A CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. Total new non-residential gross leaseable square footage on the "lower parcels," as defined and delineated in the "Diamond Bar Village Specific Plan" (Lewis Investment Company, LLC, May 25, 2004) shall not exceed 207,781 square feet unless a subsequent traffic study, addressing the traffic -related impacts associated with any such increase, is submitted to and deemed acceptable by the City or unless such increase can be determined by the City to not result in any substantial increase in project -related traffic. Condition of Project Approval No. 2. All exterior paints utilized for the project's initial construction shall conform to the following specification: All primers and topcoats shall contain 200 grams or less of VOC per liter of coating, less water, less exempt compounds, and less any colorant added to tint bases. Alternatively, the Applicant shall demonstrate that the project's selected finishes and exterior wall features would result in a comparable reduction in -basin VOC emissions, such as might be attained through the use of pre -manufactured and pre -painted materials. Condition of Project Approval No. 3. When operating within 100 feet of any church, educational facility, residential use, or other sensitive receptor, the Applicant shall limit allowable engine idling time to not more than five minutes for diesel -powered trucks and mobile heavy equipment. This condition is applicable to both construction and operational activities occurring on the project site. Condition of Project Approval No. 4. The Applicant shall include as part of the real estate disclosure documentation, as required by the California Department of Real Estate for purchasers of those residential units to be constructed on the project site, the disclosure that commercial activities are proposed on the adjacent property and that the operational characteristics of those activities may include trucking, delivery, and maintenance operations by diesel -fueled vehicles. Condition of Project Approval No. S. If required by the City Engineer, a detailed hydrologic and hydraulic study shall be prepared by a licensed civil engineer and submitted for the City's review and approval prior to the issuance of any grading permits in order to ensure the safe and effective discharge of storm waters from the project site into areawide storm drain conduits. Condition of Project Approval No. 6. Based on the current site plan and as determined by the City, unless effective sound mitigation can be demonstrated once the project is operational or other controls imposed on delivery and related activities associated with the proposed home improvement center, the number of delivery and related activities that occur within exterior area and in proximity to the loading dock between the hours of 10:00 PM and 7:00 AM shall not exceed three tractor trailers and two small truck deliveries. With respect to those operations, trucks and tractor trailers are not assumed to be comparable equipment such that one vehicle type could substitute for the other. The facility operator shall maintain an on-site delivery manifest documenting delivery and operations between those hours and, upon request, shall make that manifest available for inspection by City inspectors. Condition of Project Approval No. 7. Prior to the issuance of building permits, the Director shall review the project development plans with the Los Angeles County Sheriff's Department (LACSD) to determine whether the LACSD has any recommendations regarding the project's design, development, and/or operations. The Director shall work with the Applicant to incorporate such recommendations, if any, into the final project design. Condition of Project Approval No. 8. The proposed project shall provide, in an amount and within a time period to be determined by the City, a "fair -share" contribution toward the cost of areawide street improvements to offset potential project -related and cumulative transportation impacts. Those "fair -share" contributions shall be based on the projected costs associated with areawide roadway improvement needs, as defined by the City Engineer. Condition of Project Approval No. 9. As determined by the City Engineer, the Applicant shall provide supplemental traffic information related to the assessment of areawide traffic conditions for review and approval by the City Engineer. The City will incorporate any information deemed pertinent by the City Engineer into the formulation of the Applicant's "fair -share" contribution toward areawide traffic improvements. Condition of Project Approval No. 10. At the City's discretion, the Applicant's "fair -share" contributions shall be provided to offset specific impacts at specific locations and/or may be utilized by the City to provide regional or other City-wide traffic and transportation benefits that may not be directly applicable to or located in close proximity to the project site. It is recognized that given the present traffic conditions in the City, innovative, alternative, bypass, and other transportation solutions may be the best method for addressing future transportation needs. Condition of Project Approval No. 11. The final site plan shall include and accommodate those traffic measures, improvements, and any other pertinent factors or facilities, as may be determined by the City Engineer. Condition of Project Approval No. 12. Prior to the approval of the final subdivision map, the Applicant shall submit and the City shall review and when deemed acceptable approve a shared parking study. The study shall present a quantification of on-site parking needs, quantify the number of on-site parking spaces required under existing City regulations, discuss and evaluate opportunities for shared parking between on-site land uses, and examine the need and timing for the development of the proposed parking structure, if determined by the study to be required to accommodate on-site land uses. The number, type, and location of on-site parking shall be determined by the City based, in whole or in part, by the findings of that shared parking study. Condition of Project Approval No. 13. General Plan Amendment No. 2004-01, Zone Change No. 2004-02 and Specific Plan No. 2004-01 shall take effect only if Development Agreement No. 2004-01 takes effect. F1