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HomeMy WebLinkAboutRES 94-49RESOLUTION NO. 94-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF HEMSIDE MANAGEMENT ORDINANCE CONDITIONAL USE PERMIT NO. 91-5 FOR LAND FORM MODIFICATIONS AND OAK TREE REMOVAL PERMIT NO. 91-2, INVOLVING THE REMOVAL OF 276 COAST LIVE OAKS WITH REPLACEMENT BOTH ON AND OFF THE PROJECT SITE ASSOCIATED WITH THE DEVELOPMENT OF VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAEING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807; (the "Applicant" hereinafter), has heretofore filed an application for approval Hillside Management Ordinance Conditional Use Permit for land form modifications and Oak Tree Removal Permit involving the removal of 276 coast live oaks with replacement both on and off the project site as described in the title of this Resolution. Hereinafter in this Resolution, the subject project shall be referred to as the "Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted, by ordinance, the Los Angeles County Code as the ordinances of the City of Diamond Bar. Titles 21 and 22 of the Los Angeles County Code, as amended, contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (iv) The City Council of the City of Diamond Bar conducted duly noticed public hearings on the Project and its environmental documentation on -- September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 9, 1994, May 31, 1994; June 1, 1994, June 3, 1994, June 6, 1994 and concluded the public hearings on June 13, 1994 on the subject matter of the Application. (v) As established in the January 25, 1993, Staff Report the South Pointe Master Plan including this Tentative Tract, is consistent with the Hillside Management Ordinance. Staff Report Section III F, Compliance with the Hillside Ordinance, provides an application analysis illustrating conformity with the specific guidelines and/or standards contained within the Hillside Ordinance. The Conditional Use Permit for the Hillside Ordinance is granted pursuant to this action. (vi) As identified as a mitigation measure in the EIR, (Biological Resources) prior to initiation of grading activities, the project applicant(s) shall implement the conditions of approval for an Oak Tree Permit in accordance with Part 16, Chapter 22.56 of Title 22 of the Los Angeles County Code. This Oak Tree Permit is granted pursuant to this action. (vii) On October 26, 1992, January 25, February 8, February 22, February 25, April 12, April 26 and May 10, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (viii) All legal prerequisites to the adoption of this Resolution have occurred. 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 Final EIR was presented to the City Council, and that the City Council reviewed and considered the information contained therein prior to deciding upon any aspect of the Project, and based thereon, so certifies that Environmental Impact Report No. SCH 92081040 has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and farther that said Environmental Impact Report No. SCH 92081040 reflects the independent judgment of the City of Diamond Bar. Additionally, the City Council certifies the Final EIR as complete and adequate in that it fully addresses all 2 --- environmental effects of the Project and fully complies with the requirements of CEQA and Guidelines. 3. The City Council hereby specifically finds and determines, based on the findings set forth below, 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 said Final EIR No. SCH 92081040 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 of the proposed project, as more fully set forth in the Statement of Overriding Considerations. 4. The City Council hereby adopts the Findings of Facts and Statement of Overriding Considerations and Mitigation Reporting and Monitoring Program attached hereto as Exhibits "A" and "B" and hereby incorporated by reference. 5. The applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. The Hillside Management Ordinance Conditional Use Permit is required by Section 18 of the City of Diamond Bar Hillside Management Ordinance. 7. Based on substantial evidence presented to this Council during the above - referenced public hearing, including written and oral staff reports, public testimony and the record of the Application, this Council hereby specifically finds as follows: (a) The Application applies to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract 32576) and south of existing residential and vacant land located southerly of Golden Springs Drive. (b) Surrounding properties' General Plan and land use designations are: East: 57 Freeway/Brea Canyon Road; 3 South: OS/Open Space; West: RIJSingle Family Res.; S/Middle School North: RLM/Single Family Res. (c) The Application is for a Hillside Management Ordinance Conditional Use Permit and Oak Tree Removal Permit and is compatible with the objectives, policies and programs specified because the parcels and land uses proposed by the project are consistent with statistical analysis and development standards contained within the South Pointe Master Plan. The Application is for one of three Oak Tree Removal Permits within the South Pointe Master Plan area involving the removal of 276 Coast Live Oak Trees over 3 inches or more in diameter at a height of five foot, preservation of 57 Coast Live Oak Trees on the project site and replacement of removed trees at a 2:1 ratio or 552 oak trees both on and off the South Pointe Master Plan site. (d) The site is physically suitable for the type of development proposed and has access to public highways and streets. Further, the property shall be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) The design of the project and of the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on biological resources oak tree mitigation measures have been included as project conditions to reduce the impact of oak tree loss and a Statement of Overriding Considerations has been adopted on those unavoidable impacts. (f) The permitted improvements will not cause serious public health problems, since sewage disposal, storm drainage, public services and geological and soils factors are addressed in the Tentative Tract conditions of approval filed concurrently with this project. (g) Vesting Tentative Tract No. 32400 involves the development of 91 single family residential dwelling units. The project also provides for the provision of necessary infrastructure and public services to 4 — the development and for the payment of fees to mitigate the impacts of the development upon the City and its residents. (h) The land uses contained within the project are residential and open space, as permitted in the zone and comply with all applicable provisions of the City of Diamond Bar Municipal Code. In addition, the land uses, subdivision design and subsequent grading are compatible with the surrounding built environment and are consistent with the goals and policies of the Hillside Management Ordinance as discussed in the January 25, 1993, staff report Section III F. (i) The proposed development and grading plan will not impair the integrity and character of the zone in which they are to be located because the development proposal includes similar standards to those existing in adjacent neighborhoods. (j) The City of Diamond Bar ("City") accepted and subsequently processed an application for numerous land use entitlements upon an approximately 171 acre property within the City, comprised of multiple real property ownership interests, including Arciero and Sons, Inc., R/N/P Development, Inc., the Walnut Valley Unified f School District ("District") and the City, collectively identified as the South Pointe Master Plan ("Project"). (k) The City determined that the Project and those discretionary actions identified therein or required thereunder constituted a "project" pursuant to the California Environmental Quality Act, as amended ("CEQA") and the Guidelines for the Implementadion of the California Environmental Quality Act ("Guidelines"). (1) The City, based upon the preliminary findings contained in an Initial Shady prepared by the City, determined that the Project could result in significant environmental impacts, commenced preparation of an environmental impact report ("EIR") and prepared and disseminated a Notice of Preparation ("NOP"). (m) On November 30, 1992, pursuant to the noticing obligations delineated in Guidelines, the City prepared and disseminated both a Notice of Completion ("NOC") and the Draft Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 ("Draft EIR"), commencing a 45 -day review period which concluded on January 14, 1993. 5 (n) The City published legal notice regarding the availability of the Draft FIR and solicited public comments thereupon in the San Gabriel Valley Tribune and Inland Valley Bulletin on December 3, 1992. (o) On January 7, 1993, the City's Parks and Recreation Commission held a noticed public meeting to discuss the Project and the Draft EIR. On January 14, 1993, the City's Traffic and Transportation Commission conducted a noticed public meeting to discuss the Project and the Draft EIR. (p) Noticed public meetings were conducted by the City of Diamond Bar Planning Commission on December 14, 1992; January 25, 1993; February 8, 1993; May 10, 1993; May 17, 1993; May 23, 1993 and May 24, 1994. (c) On May 24, 1993, the City of Diamond Bar Planning Commission adopted a resolution recommending to the City of Diamond Bar City Council approval of the Project and certification of the Draft EIR. (r) The City of Diamond Bar City Council conducted noticed public hearings on the Project and its environmental documentation on September 14, 1993; September 28, 1993; October 3, 1993; November 16, 1993; May 2, 1994; May 31, 1994 and June 3, 1994. On June 3, 1994, the City of Diamond Bar City Council certified the Draft EIR ("Final EIR"), but elected to take no action upon the Project. (s) On June 4, 1994, the City prepared a Notice of Determination ("NOD") documenting its actions certifying the Final EIR and posted the NOD at the office of the County Clerk and forwarded a copy of the NOD to the State Clearinghouse, in the form and manner prescribed under CEQA and Guidelines. (t) The Final EIR consists of the following documents: (1) Annotated Draft EIR (November 1992, annotated May 1994); (2) Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (February 18, 1993); (3) Technical Appendix -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (May 18, 1993); (4) Volume II -Response to Comments on the Draft Environmental Impact Report for the South Pointe Master Plan (November 1993); (5) Volume III -Response to Comments on the Draft Environmental "' Impact Report for the South Pointe Master Plan (May 1994); (6) City of Diamond Bar Planning Commission staff reports, minutes and public testimony; and (7) City of Diamond Bar Council staff reports, minutes and public testimony. (u) Following certification of the Final EIR, the City Council conducted additional public hearings and meetings to consider each of the discretionary actions identified therein. On July 5, 1994, the City Council directed staff to prepare findings of fact, a statement of overriding considerations, a mitigation reporting and monitoring program and a revised NOD, in furtherance of those disclosure obligations contained in CEQA and Guidelines, authorizing the City Council to take subsequent actions upon all or a portion of the Project, including the alternatives identified in the Final EIR. 8. Based upon substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions of California Government Code 65360 and 65361 (a), the Council hereby finds and determines as follows: (a) The proposed project is in conformity with the City's Draft and proposed General Plan. The project has been processed in accordance with provisions of Ordinance 4 (1992) of the City of Diamond Bar. The project is in conformance with the 1992 General Plan in which the project is vested. (b) Mae Application as proposed complies with all other applicable requirements of State law and the City of Diamond Bar zoning and subdivision ordinances. 9. Based on the findings and conclusions set forth herein, the City Council hereby approves the Application subject to the conditions which are set forth in Exhibit "C" hereto and are incorporated by reference. 10. The City Clerk is hereby directed to : (a) certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the applicant: Arciero and Sons, Inc., 950 North Tustin, Anaheim, CA 92807. h Approved and adopted this the 18th day of October, 1994 by the City Council of the City of Diamond Bar. 0 N BY I, Lynda Burgess, City 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 18th day of October, 1994, by the following vote -to -wit: AYES: [COUNCIL MEMBERS:] Ansari, Papen, M/Wemer NOES: [COUNCIL MEMBERS:] Harmony ABSTAIN: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] Miller ATTEST:— City4aeof the City of _ Diamond Bar C:V-E7TERSUUWL1MVW24W.RB.9 8