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Home My WebLink AboutORD 02 (2007)ORDINANCE NO. 02 (2007) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT AGREEMENT NO. 2005-01 AUTHORIZING DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763- (126-907, AND 8763-026-901) WITH A 99 -UNIT SINGLE-FAMILY RESIDENTIAL CONDOMINIUM PROJECT. A. RECITALS 1. The applicant, South Pointe West, LLC, filed an application for Development Agreement 2005-01 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). 2. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project, which found that the proposed project may have remaining significant impacts that require adoption of "Findings of Facts and Statement of Overriding Considerations". 3. On December 19, 2006, the Diamond Bar City Council conducted a duly noticed public hearing on the EIR for the South Pointe West Project and approved Resolution No. 2006-78 certifying Environmental Impact Report (EIR) No. 2005-01 (SCH No. 20051 1 1 1 1 8) as complete and adequate. 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site. 5. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. CC -DA 6. On November 14, 2006, and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application, and approved Resolution No. 2006-54 recommending that the City Council approve the Developemtn Agreement No. 2005-01. 7. On December 19, 2006, and continued to January 16, February 6, February 20, and March 6, 2007, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on Zone Change No. 2006- 03; 8. The City Council has determined that the proposed Development Agreement represents a consistent, logical, appropriate and rational land use designation and an implementing tool that furthers the goals and objectives of the City General Plan. 9. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. B ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. 2. The City Council finds that the initial study prepared for the project identified above in this Resolution concluded that an Environmental Impact Report (EIR) No. 2005-01, (SCH No. 2005111118) be prepared. An EIR has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. On December 19, 2006, the City Council reviewed the EIR and adopted Resolution No. 2006-78 certifying the EIR as complete and adequate after conducting and concluding a duly noticed public hearing. On December 20, 2006, the City filed a Notice of Determination with the Los Angeles County Clerk's office pursuant to Section 15094 of the CEQA Guidelines. 3. Following the certification of the EIR, in response to comments received during the public hearings of January 16, February 6 and February 20, - 2007, the Council caused the Applicant to prepare a Traffic Impact Analysis Addendum (Traffic Addendum). The Traffic Addendum included additional traffic counts on selected street segments and intersections with CC -DA South Pointe Middle School in session, studied the results of different limitations on vehicular use (exit only, entry only and emergency only) of the secondary gate at Morning Sun Avenue and Shepherd Hills Road, and considered the pedestrian safety issues with respect to the residential streets in the unincorporated area of Los Angeles County located near to the project's secondary Morning Sun Avenue gate. 4. At the continued public hearing March 6, 2007, the Council reviewed the Traffic Addendum report dated February 22, 2007. The Council finds that the traffic volume expected to be generated by the Project is within the City adopted Traffic Impact Analysis Guidelines and that after construction of the Project the streets will continue to operate at an acceptable Level of Service. Furthermore, the Council finds that the Traffic Addendum concludes that there is no impact to pedestrian safety as a result of the traffic generated by the proposed project. The City's independent consultant has reviewed the Traffic Addendum and determined that it is complete and accurate. 5. The Council finds that certified EIR (which includes the previous Traffic Impact Analysis dated June 23, 2006) together with the Traffic Addendum dated February 22, 2007 are a complete and accurate assessment of traffic impacts from the Project. Further, the Council finds that the additional data analyzed in the Traffic Addendum did not result in the introduction of any new significant impact that has not been previously disclosed in the FEIR. The Council determines that according to CEQA Guidelines Section 15162 none of the criteria exists requiring a supplemental or subsequent EIR. 6. The Council has reviewed the Addendum to the Certified EIR and determined that the Addendum complies with Section 15164 of the CEQA Guidelines. 7. Based on the findings and conclusions set forth herein, the City Council hereby finds the approval of Development Agreement No. 2005-01, with finalization and execution by the City Manager, for South Point West based on the following findings, as required by 22.62.030(e) of the Municipal Code is in conformance with California Government Code Section 65864 et seq.: a. The Development Agreement would be in the best interest of the City. Development Agreement No. 2005-01 implements the proposed South Point West project and provides significant benefits of $1.5 million and other impact fees to the City. The proposed South Point West project will also transform a vacant site into a functional and attractive development that will provide additional housing within the City. Consequently, the Agreement is in the best interest of the City and its residents. CC -DA b. The Development Agreement is consistent with the General Plan, any applicable Specific Plan and the Development Code. South Point West, the subject of Development Agreement 2005-01, is consistent with the General Plan (as amended), is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. C. The Development Agreement would promote the public interest and welfare of the City. As stated above, South Pointe West is a 99 -unit residential and neighborhood park development that preserves open space and provides additional housing and recreational opportunities within the community. It retains a substantial portion of the site as open space and limits development to the least environmentally sensitive areas of the site. Development Agreement No. 2005-01 implements this development plan and thus promotes the public interest and welfare. d. The proposed Development Agreement, prepared in accordance with Government Code Section 65864 et seq., and Chapter 22.62 of the Development Code establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. 8. The City Council does hereby approve South Pointe West Development Agreement No. 2005-01 attached hereto and incorporated herein by reference. The City Council shall: (1) Certify to the adoption of this Ordinance; and (2) Provide notice to South Pointe West, LLC, the applicant, that the time limit within which judicial review of the decision represented by this Ordinance must be sought is governed by the provision of the California Code of Civil Procedures Section 1094.6; and (3) Forthwith transmit a certified copy of this Ordinance by certified mail to, South Pointe West, LLC, 2632 W. 237th Street, Suite 201, Torrance, CA 90505. APPROVED AND ADOPTED THIS 20TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 4 CC -DA BY: 1 r li Steve Tye, ayor 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 6th day of March 2007 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on 20th day of March, 2007, by the following vote: AYES: Councilmembers: Ching, �.ve,�� i c.'.3: rerz,., KPT/Tz c:zku, NOES: Councilmembers: qc,_ ABSENT: Councilmembers: iioi,e ABSTAI Councilmembers: ATTEST: Tomm e Cribbins, City Clerk 11 1 CC -DA