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Home My WebLink About06/06/1994Cit / e0w COIJIJICl/ AGENDA Monday, June 6, 1994 6:00 P.M. Adjourned Regular Meeting South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. 111.1�111,1II 1�.1G � Please refrain from smoking, eating or drinking The City of Diamond Bar uses re cled paper in the Council Chambers. �'� and encourages you to do the same. MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 p.m. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to Consent Calendar items or matters of interest to the public, which are not on this evening's agenda. 2. Public comments on scheduled matters will be heard in conjunction with the respective agendized subject. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appy iates your cooperation. Gar We ner, Mayor Clair W. Harmony Phyllis E. Papen Mayor Pro Tem Council o Eileen R. Ansari ry G. Mill Councilwoman Councilman ;db 1. 2. 3. Next Resolution No. 94-25 Next Ordinance No. 03(1994) CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Council Members Ansari, Papen, Miller, Mayor Pro Tem Harmony and Mayor Werner PUBLIC BEARING: 2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8; AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT MAP 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN - This Public Hearing is to consider a request for approval of a mixed-use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site contains approximately 171 acres and is located north of Pathfinder Rd., west of Brea Canyon Rd., east of Morning Sun Dr. and south of Rapid View Dr. The project proposes to develop 30 acres of commercial retail/office space of 290,000 sq. ft.; approximately 200 single-family detached residential dwelling units, a 28 - acre neighborhood park and the construction of a middle school. The Planning Commission conducted a public meeting to review project alternatives on May 23, 1994. Recommended Action: It is recommended that the City Council take appropriate action. Requested by: Mayor Werner ANNOUNCEMENTS: 4. ADJOURNMENT: MEMORANDUM TO: HON. MAYOR AND MEMBERS OF THE CITY COUNCIL CITY OF DIAMOND BAR FROM: INTERIM CITY -ATTORNEY T, DATE: JUNE 6, 1994 RE: POSSIBLE PERMANENT LAND USE RESTRICTIONS You have asked me to provide you with various alternatives for land use restrictions in the event that you work out a dedication of land for conservation or open space easement purposes, from a developer or developers, in the South Pointe Master Plan area. Without attaching any importance to order of presentation, and without considering any of the following to be recommendations, I have briefly reviewed the following possibilities: Park Dedication A city council may, by ordinance, require the dedication of land for park or recreational purposes, as a condition to the approval of a tentative map or parcel map . ' However, that offer can then be either accepted or rejected at the time of the certification of the final map.' Assuming that a park has been dedicated, a later council can sell that land, after first giving an opportunity to the County, or the State to acquire the land for park purposes,:' or, the subdivider can come back and request that it be allowed to pay a fee, in return for the land,' or, may reconvey the property to the developer or sell it to the public', and that land can be re -subdivided". CEQA Mitigation As a requirement of approval of the tentative map, the City may require the open space easements in mitigation of "substantial environmental damage", and, "Wildlife and their habitat".' Again, a subsequent council could remove those conditions. The Council may ' Government Code 566477. ' Government Code 566477.1. Government Code 554222. 4 Government Code 566477.5(b). Government Code 566477.5(c), (d). Government Code 566499.20J. Government Code 566474(e). M.�rn.r tvut. lust - I. ."I ISI- I.c, rtttn II •tat I.tua<1 II... If—I t•i.-ti"11- ./un.� 6, If0f1.7 Put the Question of Park or Open Space Easements on the Ballot by Initiative," in which event, if carried by a popular vote of the electorate, a subsequent city council could not modify the restrictions. Conservation Easements A conservation easement may be deeded to a "qualified non-profit organization"," which includes the City.'' While, "no local government entity may condition the issuance of an entitlement for use on the applicant's granting of a conservation easement", it would appear that the developer could offer a conservation easement as part of its development proposal. A conservation easement is permanent, is an interest in real property, and is perpetual in duration." The easement, like any other easement, could be subsequently relinquished. Open Space Areas The city can spend money for, or may accept by gift or grant, the fee or any lesser interest as an open space easement, in order to preserve natural or scenic resources.' �` The property can be reconveyed to the original owner with covenants for its use in perpetuity. Permanent Deed Restrictions This city may require, "restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment, the natural or scenic character of such open -space land."" The land owner may subsequently petition for abandonment of the open space easements, which the city council can do upon making certain findings. A conservation easement or open space restriction could be conveyed to a qualified non-profit private corporation. Conservation Districts Natural Community Conservation Plan The State Fish and Game Department may enter into agreements with the City, and/or the developer, for the purpose of "implementing a " Article II, Section 8(a). Election Code 54017. Civil Code $815. " Civil Code 5815.3. " Civil Code 5815.2. " Government Code §6909, et seq. Government Code §51075. .1>�n<` (', 1!15)•1 natural community conservation plan and to provide comprehensive management and conservation of multiple wildlife species Habitat Maintenance District The city may, "establish an assessment district . . . for the improvement or maintenance of natural habitat . . . with the consent of the owner of the land. This form of assessment can be combined with any of the other foregoing programs. Habitat Maintenance Assessment District A Habitat Maintenance Assessment District may be formed"', which may issue bonds up to 30 years. However, the city council sits as a legislative body of that district. Non -Profit Corporation A non-profit corporation can be set up to hold title to and administer the open space. The members of the non-profit corporation are appointed from time to time by the city council. " Irrevocable Offer of Dedication The City could accept an irrevocable offer of dedication of property, which could be accepted at any time. However, this right could be abandoned through termination of abandonment proceedings. Acquisition by Gift The City may accept property by gift, subject to its terms . 1 F' This includes recreational purposes. "' The city council can sell public property."' A four-fifths vote is required if a protest is made." Grant Deed to the City A grant deed to the City, with a covenant that the property may not be sold without a vote of the people, this appears to be a unique concept and I have not been able to arrive at a solution as to whether or this can be enforced. IS Fish and Game §2805. Government Code 550060, et seq. " Corporation Code 55140, et seq. Government Code §§37354, 37355. Government Code §37361. Government Code 537421. " Government Code §37425. MfTITI(. rfTel(iU eiT — {T(/(i esi tllP P( V'" ARI"11I I.eTTlcl lles <, It (•est ric•tions .TV, T," Retention by Developer or Homeowner's Association with Covenants in Favor of the Lots to be Developed This would probably be the simplest, the cleanest, and the most likely to be enforced. The canyon area would remain as permanent open space, and easements for permanent open space would run in favor of the other lots to be developed, with a right of reverter to the developer. The result would be that the homeowners would have the right to enforce the restrictions, and the knowledge that if they failed to properly the restrictions, the property would revert to the developer. Also, should the homeowners develop an element of greed, they would not benefit by eliminating the restrictions, because, then again, the benefit of waiver would go back to the developer. The open space could be further burdened by deed restrictions in favor of the City, to eliminate the possibility of the developer and the homeowners getting together. An additional conservation easement given to a non-profit corporation would provide for further restrictions. M- n....•.. n. 1.. ta. — I -,..a"11>1.- I.-rtv—I,,•..1 I... nrl I lei.• It. -I "I c•11c 11- r•.a�F- a <,r •1