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Home My WebLink AboutORD 03 (2007)ORDINANCE NO. 03 (2007) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO.2006-03 CHANGING THE EXISTING ZONING TO SPECIFIC PLAN FOR PROPERTY 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) A. RECITALS The applicant, South Pointe West, LLC, has filed an application for Zone Change No. 2006-03 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, and identified as 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. Pursuant 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." Per CEQA Guidelines Section 15090, the EIR was reviewed by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution certifying the EIR, adopting a mitigation monitoring plan, and adopting "Findings of Facts and Statement of Overriding Considerations" was approved by the City Council prior to considering this resolution; 4. The applicant has requested approval of Specific Plan No. 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; The applicant has specifically requested the City to approve the following: 1 (a) Zone Change No. 2006-03, revising the City's zoning map to change the land use designation for the project site to Specific Plan and Recreation. 6. 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. On December 8, 2006, notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 7. On November 14 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. 2006-53 recommending the City Council approve Zone Change No. 2006-03; 8. 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; _. 9. The City Council has determined that the proposed Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. 10. 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, Department of 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: The 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 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. 20051 1 1 1 1 8) 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 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. i'. This City Council does hereby find, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860, that Zone Change No. 2006-03 is consistent with the General Plan, as follows: a. The amendment to the Zoning Map is intemally consistent with the General Plan and the adopted goals and policies of the City. The Zoning Map does not presently reflect the General Plan designation for the Property, PA-4/SP (Planning Area-4/Specific Plan). Zone Change No. 2006-03 will place the City's Zoning Map in conformance with the General Plan by designating the Property as SP (Specific Plan) and REC (Recreation) for the future public park. The property is approximate 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) shall have a zoning district designation of SP - Specific Plan and REC - Recreation. 8. The City Council does hereby approve Zone Change No. 2006-03 based on the above findings, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860, subject to the following conditions of approval: a. The zone change shall not take effect until and unless Development Agreement No. 2005-01 is approved and in effect. b. The zone change shall not take effect until and unless the South Pointe West Specific Plan No. 2005-01 is approved and in effect. The City Council shall: (1) Certify the adoption of this Ordinance; (2) Provide notice to South Pointe West, LLC, the applicant, that the time within which judicial review of the decision represented by this Ordinance must be sought is governed by the provisions of the California Code of Civil Procedure Section 1094.6; and (2) Forthwith transmit a certified copy of this Ordinance to the applicant, South Pointe West, LCC, forthwith. 4 cc-zc 1 APPROVED AND ADOPTED THIS 20TH DAY OF MARCH 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Steve ye, Mayor I, Tomimye 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 the 20th day of March, 2007, by the following vote: AYES: Councilmembers: clialiq, Everett, liE--?,`r(E c',, XPT/Taii kj ,, M /T,M e NOES: Councilmembers: iiointy ABSENT: Councilmembers: ABSTAIN: Councilmembers: 1on,I V ATTEST: Tommy6 Cribbins, City Clerk