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Home My WebLink AboutORD 01 (2007)1 0 1 CITY COUNCIL ORDINANCE NO. 01 (2007) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2006-02, PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 2006-01 AND MITIGATED NEGATIVE DECLARATION NO. 2006-03 (SCH # 2006071129) AND MITIGATION REPORT AND MONITORING PROGRAM WHICH CHANGES THE EXISTING ZONING FROM R-1-10,000 TO LOW DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RL -PD) FOR PROPERTY LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8714-028- 1003). )RECITALS 2 The property owner/applicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for Zone Change No. 2006-02 for a property identified as APN No. 8714-028-003 located at the southern terminus of Crooked Creek Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." On January 30, 2007, public hearing notices were mailed to approximately 209 property owners of record within a 1,000 -foot radius of the project site. In accordance with Public Resource Code, Section 21092.5, on January 30, 2007, agencies that responded to the project's Mitigated Negative Declaration were notified in writing of the February 20, 2007, City Council public hearing. On January 30, 2007, public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On February 1, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On February 20, conducted a duly on the Application. the City Council of the City of Diamond Bar public hearing and concluded the public hearing B. ORDINANCE 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 Ordinance are true and correct. 2. The City Council hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). MND No. 2006-03 (SCH # 2006071129) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 30 day public review period for the MND began July 28, 2006, and ended August 28, 2006. Furthermore, the city Councii has reviewed the MND and related documents in reference to the Application. 3. Based on substantial evidence presented to the City Council during the above referenced meeting on February 20, 2007, including the written and oral staff report, together with public testimony, the City Council hereby finds as follows: Zone Change (a) The project relates to vacant land located at the southern terminus of Crooked Creek Drive, east of the SR -57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary. It is an irregular shaped hillside parcel of approximately 12.9 acres, sloping down to the south and west and sloping up to the east. (b) Generally the following zones and uses surround the project site: to the north and east is the R-1-9,000 zone and residences; to the west is the R-1-7,500 zone and residences, flood control channel and SR -57; and to the south is the A-2-1 zone and vacant land. (c) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) which was a Los Angeles County nomenclature adopted when the City was incorporated. (d) The Application request is for approval to change the existing zoning designation of R-1-10,000 to Low Density Residential (RL - PD) which is a City nomenclature. 2 City council Ordinance No. XX (2007) (e) In accordance to the General Plan, the maximum gross density for the RL land use designation is 3.0 dwelling units per acre or less. The Commission has determined that the Low Density Residential (RL) zone implements the Strategies of the General Plan. (f) The property will be able to adhere to the development standards for the RL zoning district as prescribed in the City's Development Code. (g) The Planned Development Overlay District is needed to reduce the square footage of each lot in order to preserve the open space identified as Lot "C". As such, the project has been reduced to 16 dwelling unit on 12.9 gross acres or a density of 0.81 dwelling units per acre. (h) The Planned Development Overlay District is consistent with the General Plan goals and policies in that clustering is used in order to preserve open space and natural resources. (i) With the Planned Development Overlay District, the future detached single-family residences will still be able to comply with all required Development Code and Municipal Code standards. 4. Based upon the findings and conclusions set forth in paragraph 1, 2, and 3 above, the City Council approves the zone change from Single Family Residence -Minimum Lot Size 10,000 square feet (R-1-10,000) to Low Density Residential (RL). The City Council shall: (a) Certify to the adoption of this Ordinance; and (b) Forthwith transmit a certified copy of this Ordinance by certified mail: to Daniel Singh, Jewel Ridge, LLC, 10365 W. Jefferson Blvd., Culver City, CA 90232 APPROVED AND ADOPTED THIS fits, DAY OF Marc ;h 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: eve Tye, Ma or 3 City council Ordinance No. XX (2007) 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 20th day of February and was finally passed, at a regular meeting of the City Council of the City of Diamond Bar, held on the stn day of March 2007, by the following vote: AYES: Council Members: Everett, Herrera, KPT/Tanaka, M/Tye NOES: Council Members: Chung ABSENT: Council Members: None ABSTAIN: Council Members: none To mye Cribbins, City Clerk 4 City council Ordinance No. XX (2007) A .h It► ., r