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HomeMy WebLinkAboutORD 07 (2006)ORDINANCE NO. 07 (2006) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT 2004-01 AND AS AMENDED BY AMENDMENT NO 1 ON JULY 22, 2005, BETWEEN THE CITY AND LEWIS-DIAMOND BAR, LLC FOR THE DIAMOND BAR VILLAGE PROJECT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS FOLLOWS: Section 1. The City of Diamond Bar and Lewis -Diamond Bar, LLC, desire to amend a development agreement approved on June 29, 2004 and as amended by Amendment No. 1 on July 22, 2005, pursuant to Government Code Sections 65864 through 65869.5, and Chapter 22.62 of Title 22 of the Diamond Bar Municipal Code with respect to real property located at the southeast corner of Diamond Bar Boulevard and Grand Avenue in the City of Diamond Bar. The properties subject to the amendment are more particularly described as Assessor's Parcel Numbers: 8293-045-004, 8293-04115-005 - Lewis - Diamond Bar, LLC, 1156 N. Mountain Avenue, Upland, CA 91785 and Assessor's Parcel Numbers 8293-045-006, 8293-045-007, 8293-045- 008 and 8293-045-009 Section 2. The Planning Commission conducted a public hearing to consider proposed Amendment No. 2 to the Development Agreement, as amended, pursuant to Municipal Code Section 22.62.030(a) on September 12, 2006. The Commission adopted Resolution No. 2006- 37, which recommends City Council approval of the amendment. The City Council held a properly noticed public hearing regarding the proposed amendment to the development agreement pursuant to Section 22.62.030(b) on September 19, 2006. Both oral and written evidence was presented both to the Commission and the Council. Section 3. Based upon substantial evidence in the record of the proceeding including, without limitation, the written and oral staff reports, and the record and decision of the Planning Commission, the City Council hereby finds that the proposed amendment to the development agreement is consistent with the General Plan of the City of Diamond Bar and with the Diamond Bar Village Specific Plan. The City Council further finds that the proposed amendment to the development agreement complies with the zoning, subdivision, and other applicable ordinances and regulations. Section 4. The proposed amendment to the development agreement is consistent with the public convenience, general welfare, and good land use practice, making it in the public interest to enter into the amendment to the development agreement with the applicant. The amendment to the agreement provides for the orderly and comprehensive development of a land area in a visible and important location in the City. The amendment to the development agreement ensures that the project can be developed over time in its approved form, and that the applicant will provide substantial public benefits as a part of the development. 2 Section 5. The City Council further finds that: (a) Amendment No. 2 to the development agreement as amended by Amendment No 1, effective July 22, 2005 will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, since the project is in keeping with the character and general development pattern of the existing area; (b) Amendment No. 2 to the development agreement, as amended by Amendment No 1, will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, since the development agreement ensures that public improvements, additional infrastructure and other public benefits will be provided as the project is constructed; or (c) The amendment to the development agreement will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare, since the amended agreement will result in public safety improvements such traffic improvements and ample parking. Further, the project is conditioned to comply with applicable fire, building and life safety codes and regulations. (d) The amendment to the Development Agreement would be in the best interests of the City. The amendment to the Development Agreement No. 2004-01 implements the proposed Diamond Bar Village project and will provide certainty to the City and the Applicant regarding the project development time table, impact fees, applicable ordinances, overall development standards and similar matters. The approved Diamond Bar Village project will transform an underutilized and graded site into a functional and attractive development that will contribute to the City's tax base. Because of this, the amendment to the Agreement is in the best interests of the City and its residents. (e) The amendment to the development Agreement is consistent with the General Plan, Development Agreement No, 2004-01, any applicable Specific Plan and the Development Code. Diamond Bar Village, the subject of Development Agreement No. 2004-01, is consistent with the General Plan and is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Ordinance demonstrate conformance with City requirements. (f) The Amendment to the Development Agreement would promote the public interest and welfare of the City. As stated above, Diamond Bar Village is a mixed-use development that preserves open space and expands the City's tax base. It retains a residential use adjacent to an existing residential area and limits the commercial -retail and institutional use to an area adjacent to a major intersection. The Amendment to Development Agreement No. 2004-01 furthers the implementation of this development plan and thus promotes the public interest and welfare. Section 6. The proposed development agreement amendment complies with the terms, conditions, restrictions and requirements of Section 22.62.040 of the Diamond Bar Municipal Code. The proposed development agreement amendment includes additional terms consistent with Diamond Bar Municipal Code Section 22.62.040(b), such as construction schedules, commercial anchor security requirements, and the contribution of a developer fee to the City. Section 7. In June 2004 the City Council approved an Addendum to the Medical Plaza and Economic Revitalization Area Environmental Impact Reports for the Diamond Bar Village Project. The Addendum considered the potential environmental impacts of the Diamond Bar Village project, the Development Agreement, Zone Change, Specific Plan and related project applications. Amendment No. 2 to the previously approved Development Agreement does not change any contemplated land uses for the properties. The Amendment does not result in any physical changes to the project site or result in any new environmental impacts. The amendment only pertains to financial terms and the schedule of performance; therefore, additional CEQA review is not required pursuant to Section 15719 of the CEQA Guidelines. Section 8. Based upon the foregoing, the City Council hereby approves Amendment No. 2 to Development Agreement No. 2004-01 attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement amendment on behalf of the City. Section 9. The time within which to any legal challenge to the subject development agreement must be brought is governed by Government Code Section 65009. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF OCTOBER 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: Carol Herrera, Mayor 11 I, Tommye Cribbins, 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 19th day of September, 2006 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of October, 2006 by the following vote: AYES: Council Members: Chang, Tanaka, Tye, MPT / Z irbe s NOES: Council Members: None ABSENT: Council Members: iN1/Herrera ABSTAIN: Council Members: None City Jerk, City of Diamond Bar