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HomeMy WebLinkAboutORD 02 (2004)ORDINANCE NO. 02 (2004) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2004-02 FROM COMMERCIAL MANUFACTURING PLANNED DEVELOPMENT (CM — PD - BE), REGIONAL COMMERCIAL (C-3) AND HIGH DENSITY RESIDENTIAL (R-4) TO SPECIFIC PLAN (SP) FOR PROPERTIES COMPRISED OF APPROXIMATELY 70 -ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE AND IDENTIFIED AS ASSESSORS PARCEL NUMBERS - 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009 A. RECITALS. 1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan established land use designations, goals, objectives and strategies to implement the community's vision for its future. 2. The applicant, Lewis Diamond Bar, LLC (Lewis), acting as the agent for the property owners, Inter Community Health Services and Hidden Manna Corporation, has filed an application for Zone Change No. 2004-02, regarding development of a site comprised of approximately 70 -acres generally located at the southeast corner of Grand Avenue and Golden Springs Drive and identified as Assessors Parcel Numbers - 8293-045- 004, 8293-045-005, 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009. Hereinafter in this Resolution, the subject application shall be referred to as the "Application," and the proposed development as the "project." 3. On June 18, 2004, Notification of the public hearing for this application was provided in the San Gabriel Valley Tribune and Inland Valley Dail Bulletin newspapers. On June 16, 2004, public hearing notices were mailed to approximately 906 property owners of record within a 700 -foot radius of the project. Furthermore, on June 17, 2004, the project site was posted with a required display board and public notices were posted in three public places. 4. On June 22, 2004, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and adopted Resolution No. 2004-22 recommending City Council approval of the application. 5. On June 29, 2004, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 6. Following due consideration of public testimony, staff analysis and the Planning Commission recommendation, the City Council finds that Zone Change No. 2004-02 set forth herein is consistent with the General Plan. 7. The City Council of the City of Diamond Bar does hereby approve Zone Change No. 2004-02 based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Sections 65853 and 65860: 8. The City Council hereby finds that the amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City and that the Zoning Map does not presently reflect the General Plan designation for the Property, PA-3/SP (Planning Area- 3/Specific Plan. Zone Change No. 2004-02 will place the City's Zoning Map in conformance with the General Plan by designating the Property as SP (Specific Plan), with subareas corresponding to those in the Diamond Bar Village Specific Plan. The existing approximate 70 -acre site located generally near the southeast corner of Grand Avenue and Golden Springs Drive, more particularly described as (APN 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009) shall have a zoning district designation of SP - Specific Plan. 9. The Zone Change application is in compliance with the provisions of the California Environmental Quality Act (CEQA). pursuant to Sections 15162 and 15168 the California Code of Regulations. Therefore, further environmental review is not required because pursuant to Section 15162, no new effects will occur and no new mitigation measures would be required and the proposed Zone Change is found to be within the scope of the General Plan Program EIR and the Addendum for Diamond Bar Village, which is an addendum to the Medical Plaza and Revitalization EIRs, considered the potential environmental impacts and meets all requirements for compliance with CEQA. according to the California Environmental Quality Act (CEQA) of 1970 and guidelines 10. 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 the Ordinance. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 2 The zoning designation for the following properties identified as APN 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293- 045-008 and 8293-045-009 is hereby designated SP - Specific Plan and shall allow land uses as listed within the Diamond Bar Village Specific Plan. 2. The City Clerk is directed to amend the Zoning Map to reflect the referenced properties' new zone designation. PASSED, APPROVED AND ADOPTED THIS 6 t -h DAY OFin-Ly 2004, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: rirbes, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 29tday of Juu, 2004 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 6 th day of July , 2004 by the following vote: AYES: Council Members: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ity Clerk. City of Di .cnd Bar Sar 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. 5. If-rtquired 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.