HomeMy WebLinkAboutRES 95-42RESOLUTION NO. 9542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADOPTING THE 1995 GENERAL PLAN FOR
THE CITY OF DIAMOND BAR
A. Recitals.
(i) The City of Diamond Bar previously initiated proceedings to adopt a
general plan (" 1992 General Plan") pursuant to Title 7, Division 1 of the California
Government Code Sections 65360 and 65361.
(ii) In 1990 a General Plan Advisory Committee was formed to provide the
community with an opportunity to participate in the creation of the City of Diamond
Bar's 1992 General Plan and to make recommendations with respect to the specific
components of the 1992 General Plan. Numerous study sessions and duly noticed
public hearings were held by the Planning Commission and the City Council of the
City of Diamond Bar from July 1991 through July 1992.
(iii) Pursuant to the California Environmental Quality Act of 1970, as
amended, and the Guidelines promulgated thereunder ("CEQA"), a Draft and Final
Environmental Impact Report was prepared and considered to address the
environmental effects of the 1992 General Plan, the mitigation measures related to
each significant environmental effect of the 1992 General Plan, the project alternatives
and a Mitigation Monitoring Plan.
(iv) On July 30, 1991, copies of the draft 1992 General Plan were mailed
to affected agencies pursuant to Government Code Section 65352.
(v) On July 14, 1992 the City Council adopted Resolution No. 92-44
adopting the 1992 General Plan and adopted Resolution 92-43 certifying the Final
Environmental Impact Report for the 1992 General Plan.
(vi) On or about August 10, 1992, a referendum petition, seeking the repeal
of Resolution No. 92-44 was submitted to the City Clerk of the City of Diamond Bar.
The city Clerk certified the sufficiency of the signatures on the referendum petition
pursuant to a court order and presented such certification to the City Council.
(vii) On March 16, 1993 the City Council adopted Resolution No. 93-15
repealing Resolution No. 92-44, the resolution which adopted the 1992 General Plan.
(viii) In March of 1993 the City Council directed the retention of a
consultant team to develop a new general plan (" 1993 General Plan"). Opportunities
for public participation were provided throughout the program of creating the 1993
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General Plan. Five community workshops were held with City residents to identify
key planning issues and to discuss potential general plan policy options. the results of
those workshops were summarized and forwarded to the City Council for its
consideration.
(ix) On May 19, 1993, the City Council began the public hearing process to
adopt a general plan. The City Council held duly noticed public hearings on May 19,
1993, May 26, 1993, June 2, 1993, June 9, 1993, and June 16, 1993, whereby public
testimony was received with respect to all elements of the draft 1993 General Plan.
(x) Because substantial modifications to the draft 1993 General Plan were
being considered, the City Council, pursuant to Government Code Section 65356,
referred the review of the draft 1993 General Plan to the Diamond Bar Planning
Commission for its recommendations. On June 23, 1993 the Planning Commission
held a study session to consider the draft 1993 General Plan. On June 28, 1993 the
Planning Commission conducted a duly noticed public hearing to consider and receive
public testimony on the draft 1993 General Plan. The Planning Commission
considered all the evidence presented and submitted a written recommendation to the
City Council to adopt the draft 1993 General Plan, with various modifications.
(xi) On June 29, July 6, July 13, July 20 and July 27, 1993 the City
Council conducted additional duly noticed public hearings. In the course of these
public hearings, the City Council received and deliberated upon written and oral
testimony.
(xii) On July 27, 1993 the City Council adopted Resolution No. 93-57 and
93-58 certifying the adequacy of the Addendum to the General Plan Environmental
Impact Report and adopting the 1993 General Plan.
(xiii) On August 24, 1993 a referendum petition seeking the repeal of
Resolution No. 93-58 was submitted to the City Clerk of the City of Diamond Bar.
The City Clerk certified the sufficiency of the signatures on the referendum petition
pursuant to a court order and presented such certification to the City Council.
(xiv) On December 14, 1993 the City Council adopted Resolution No. 93-80
repealing Resolution No. 93-58, the resolution which adopted the 1993 General Plan.
(xv) In January of 1994 a new General Plan Advisory Committee (GPAC)
was formed to develop a new General Plan (" 1995 General Plan"). The GPAC held
fifteen noticed public meetings between January 11, 1994 and June 30, 1994 in order
to develop the 1995 General Plan. The results of the GPAC efforts and its
recommendations were forwarded to the Planning Commission for its review and
recommendation to the City Council.
(xvi) The Planning Commission conducted thirteen public hearings between
July 11, 1994 and October 17, 1994 to review the GPAC recommended General Plan.
The Planning Commission considered the GPAC recommendations, received public --
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testimony and initiated additional changes through the course of their review. On
October 17, 1994 the Planning Commission forwarded its recommendations to the
City Council.
(xvii) On November 22, 1994 the City Council began the public hearing
process to adopt the 1995 General Plan. The City Council held duly noticed public
hearings on November 22, 1994, November 29, 1994, January 9, 1995, January 16,
1995, January 24, 1995, January 31, 1995, February 6, 1995, February 13, 1995,
February 16, 1995, February 23, 1995, February 28, 1995, and March 6, 1995
whereby public testimony was received with respect to all elements of the draft 1995
General Plan. The City Council considered the GPAC and Planning Commission
recommendations, received public testimony and initiated changes through the course
of its review.
(xviii) On April 4, 1995 the City Council,, pursuant to Government Code
Section 65356, referred the 1995 General Plan to the Planning Commission for its
recommendations. On April 10, 1995 the Planning Commission conducted a noticed
public meeting, received public testimony, considered and commented upon City
Council modifications to the 1995 General Plan. The Planning Commission submitted
a written report and recommendation to the City Council to adopt the 1995 General
Plan, with modifications.
(xix) On May 9, 1995 the City Council conducted an additional duly noticed
public hearing. In the course of this public hearing the City Council received and
deliberated upon written and oral testimony. The City Council received additional
public testimony on May 23, 1995, June 20, 1995, July 11, 1995 and July 25, 1995.
(xx) The Final Environmental Impact Report previously prepared for the
1992 General Plan adequately addresses all of the significant environmental impacts
associated with the 1995 General Plan. Therefore, an Addendum was prepared and
considered in accordance with CEQA. The City Council considered the information
contained in the Final Environmental Impact Report and the Addendum thereto
("Final EIR") prior to approval of the 1995 General Plan.
(xxi) The City Council considered, individually and collectively, the six
elements comprising the 1995 General Plan, the related appendices and the Final EIR.
The 1995 General Plan incorporates the seven mandatory elements established in
Government Code Section 65302 into six components, specifically:
a. The Land Use Element;
b. The Housing Element;
C. The Resource Management Element (Open Space and
Conservation Elements);
d. The Public Health and Safety Element (Noise and Safety
Elements);
e. The Circulation Element; and
L The Public Services and Facilities Element
(xxii) In its review of the 1995 General Plan and the Final EIR, the
City Council fully considered the impacts upon landforms and topography, earth
resources and seismicity, drainage and flood control, biological resources, crime and
prevention services, fire hazards and protective services, health and emergency
services, hazardous materials, recreation and open space, land use, air quality, noise,'
cultural resources, socioeconomics (housing), energy systems, circulation/
transportation, educational services, water, wastewater, and solid waste associated
with the further development of the City in accordance with the goals, policies and
programs as more fully detailed in the 1995 General Plan.
(xxiii) The 1995 General Plan and all of its constituent parts are
properly integrated, internally consistent and compatible.
(xxiv) The City Council has considered all the information presented to
it, and found and determined that the public convenience, welfare and good planning
practice require the adoption and implementation of the goals, policies and programs
contained in the 1995 General Plan.
(xxv) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined and resolved by
the City Council of the City of Diamond Bar, as follows:
1. The City Council of the City of Diamond Bar hereby specifically finds
that all of the facts set forth in the Recitals, Part A, of this Resolution are true and
correct and are hereby incorporated into the body of this Resolution by reference.
2. Documentation has been prepared in compliance with CEQA and this
City Council has reviewed and considered the information contained in the
environmental documentation, including the Final Environmental Impact Report, the
Addendum and the Mitigation Monitoring Plan with respect to the 1995 General Plan,
and has determined that such documentation is complete and adequate.
3. The City Council hereby determines that:
(a) The six components of the 1995 Diamond Bar General Plan,
including all appendices, completely address the mandatory elements, and the
mandatory legal contents required therein, pursuant to California Government Code
Section 65302 and all other applicable statutes. The 1995 General Plan, attached
hereto_ as Exhibit A, is incorporated herein by this reference as though set forth in
full.
(b) The 1995 General Plan is informational, readable, and available
to the public pursuant to California Government Code Section 65357. _
(c) The six components of the 1995 General Plan, including
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appendices, are internally consistent as required by California Government Code
Section 65300.5.
(d) The 1995 General Plan is consistent with State of California
policies, rules, regulations and guidelines.
(e) The 1995 General Plan covers all territory within the corporate
boundaries of the City of Diamond Bar and further, incorporates all lands outside the
corporate boundaries of the City of Diamond Bar which the City Council has judged
to bear a reasonable relationship to Diamond Bar's planning activities pursuant to
California Government Code Section 65300.
(f) The 1995 General Plan is long term in perspective pursuant to
California Government Code Section 65300.
(g) The 1995 General Plan reasonably addresses all relevant local
issues and concerns currently identified.
4. The City Council of the City of Diamond Bar hereby finds that
adoption of the 1995 General Plan will generate social, economic and other benefits
which clearly outweigh the unavoidable adverse environmental impacts, as specified
in the Statement of overriding Considerations set forth in Exhibit A of Resolution No.
95-2Q.
5. The City Council of the City of Diamond Bar hereby finds that the
1995 General Plan for the City of Diamond Bar was prepared in accordance with
California State Planning and Zoning Law, particularly Title 7, Chapter 3 of the
California Government Code and the General Plan Guidelines promulgated by the
Governor's Office of Planning and Research.
6 . The City Council hereby approves and adopts the 1995 General Plan,
attached hereto and incorporated herein by this reference as Exhibit A, as the General
Plan of the City of Diamond Bar.
7. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this 25th of July, 1995.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, adopted and approved at a regular
meeting of the City Council of the City of Diamond Bar held on the 25th day of
�1 1995, by the following vote:
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AYES:
NOES:
F41 1.1.10
COUNCIL MEMBERS: Ansari, MPT/ Werner,
M/Papen
COUNCIL MEMBERS: Harmony
COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST
'Lyridd Burgess, City Cl rk
City of Diamond Bar
M