HomeMy WebLinkAboutORD 11 (1990)ORDINANCE NO. 11 (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING THAT DOCUMENT
ENTITLED "DEVELOPMENT AGREEMENT NO. 1 (1990)
CONCERNING PROPERTY LOCATED AT THE NORTHEAST
CORNER OF BREA CANYON ROAD AND THE ROUTE 60
(POMONA) FREEWAY, DIAMOND BAR, CALIFORNIA" AND
AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON
BEHALF OF THE CITY OF DIAMOND BAR.
A. Recitals.
(i) California Government Code Section 65864 provides,
in pertinent part, as follows:
"The Legislature finds and declares that:
"(a) The lack of certainty in the approval
of development projects can result in a waste of
resources, escalate the cost of housing and other
developments to the consumer, and discourage
investment in and commitment to comprehensive planning
which would make maximum efficient utilization of
resources at the least economic cost to the public.
(b) Assurance to the applicant for a development
project that upon approval of the project, the applicant
may proceed with the project in accordance with existing
policies, rules and regulations, and subject to
conditions of approval, will strengthen the public
planning process, encourage private participation in
comprehensive planning, and reduce the economic costs of
development. . . .11
(ii) California Government Code Section 65865 provides,
in pertinent part, as follows:
"Any city . . . ,, may enter into a development
agreement with any person having a legal or equitable
interest in real property for the development of such
property as provided in this article. .11
(iii) California Government Code Section 65865.2
provides as follows:
"A development agreement shall specify the duration
of the agreement, the permitted uses of the property,
the density or intensity of use, the maximum height and
size of proposed buildings, and provision for
reservation or dedication of land for public purposes.
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The development agreement may include conditions, terms,
restrictions and requirements for subsequent
discretionary actions, provided that such, conditions,
terms, restrictions and requirements for subsequent
discretionary actions shall not prevent development of
the land for the uses and to the density or intensity of
development set forth in the agreement. . . ."
(iv) Attached to this Ordinance, marked Exhibit "A" and
incorporated herein by reference, is a proposed Development
Agreement No. 1 (1990), concerning that approximately 7.5 acre
parcel located on the northeast corner of Brea Canyon Road and
the Route 60 (Pomona) Freeway, in the City of Diamond Bar, and as
legally described within the attached Exhibit "A." Hereinafter
in this Ordinance, that agreement attached hereto as Exhibit "A"
is referred to as "the Development Agreement."
(v) This City Council has heretofore adopted an
ordinance amending the zone designation for the subject property
from Light Industrial designation to Restricted Commercial. The
proposed developer of the property and the City desire to provide
through the attached Development Agreement specific development
options and controls on the site which will provide for maximum
efficient utilization of the site in accordance with sound
planning principles, all in accordance with the above -referenced
provisions of law.
(vi) On August 13, 1990, the Planning Commission of
the City of Diamond Bar held a duly noticed public hearing
concerning the proposed Development Agreement and has recommended
to this Council the adoption of the Development Agreement.
(vii) This Council has heretofore conducted a duly
noticed public hearing concerning the potential adoption of the
Development Agreement and said public hearing was concluded prior
to the adoption of this Ordinance.
(viii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of
Diamond Bar does ordain as follows:
1. In all respects as set forth in the Recitals, Part
A, of this Ordinance.
2. (a) The City Council of the City of Diamond Bar
hereby finds that Negative Declaration No. 90-02, adopted with
respect to the project on September 4, 1990, was prepared in
compliance with the California Environmental Quality Act of 1970,
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as amended, and the Guidelines promulgated thereunder and that
this Council has reviewed and considered the information
contained in said Negative Declaration with respect to the
project identified'in this Ordinance.
(b) The City Council hereby specifically finds
and determines that, based upon the findings set forth below, and
changes and alterations which have been incorporated into and
conditioned upon the proposed project, no significant adverse
environmental effects will occur.
(c) The City Council finds that facts supporting
the above-specified findings are contained in the Negative
Declaration, the staff report and exhibits, and the information
provided to this City Council during the public hearing conducted
with respect to the project and the Negative Declaration.
Mitigation measures will be made a condition of approval of said
project and are intended to mitigate and/or avoid environmental
effects identified in the Negative Declaration.
3. This Council specifically finds that:
(a) The location, design and proposed uses set
forth in the Development Agreement are compatible with the
character of existing development in the vicinity;
(b) The Development Agreement will produce within
the project an environment of stable and desirable character, and
will not tend to cause traffic congestion on surrounding streets;
(c) The proposed development will be well
integrated into its setting;
(d) Provision has been designed in the proposed
development for both private and public open spaces at least
equivalent to that required by the Zone; and
(e) (1) There is a reasonable probability that
the land use proposed for approval hereby will be consistent with
the general plan proposal being considered;
(2) There is little or no probability of
substantial detriment to or interference with the future adopted
general plan if the proposed use is ultimately inconsistent with
the proposed general plan; and
(3) The proposed use complies with all other
applicable requirements of state law and local ordinances.
4. It is expressly found that the public necessity,
general welfare and good zoning practice require the approval of
the Development Agreement.
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5. This Council hereby approves the Development
Agreement attached hereto as Exhibit "A."
6. This Council hereby authorizes and directs the
Mayor and City Clerk to execute the Development Agreement on
behalf of the City of Diamond Bar forthwith upon adoption of this
Ordinance.
7. The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be posted in three (3)
public places as specified by Resolution No. 89-6.
ADOPTED AND APPROVED this 18th day of September, 1990.
"Mayor
I, LYNDA BURGESS, City Clerk of thed City of
Diamond Bar, do hereby certify that the forwi3oing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 4th day of September, 1990, and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the 18th day of September, 1990, by
the following vote:
AYES: COUNCIL MEMBERS: Papen, Kim and Horcher
NOES: COUNCIL MEMBERS: Mayor Werner
ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Forbing
ABSTAINED: COUNCIL MEMBERS: None
ATTES
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City of Di4iaond- ar
SU0121DA1 B=%DD 6.12 4
