HomeMy WebLinkAboutORD 04 (2007)ORDINANCE NO. 04 (2007)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING THE SOUTH
POINTE WEST SPECIFIC PLAN, SPECIFIC PLAN NO. 2005-010 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
1. The applicant, South Pointe West, LLC, has filed an application for
Specific Plan No. 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, 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 Development Code Section 22.60.040 and Government Code
Section 65451 as part of the application for Specific Plan 2005-01, the
applicant has submitted the South Pointe West Specific Plan that contains
a land use plan that divides the property into four sub -planning areas
(Open Space, Low -Medium Density Residential, Park, and Circulation),
proposed infrastructure improvements, implementation measures, a
discussion of the plan's relationship to the General Plan, and land use
development standards and guidelines for future development of the
specific plan site with a 99 -unit residential condominium project with an
approximately 4.7 -acre neighborhood park.
3. The application is being reviewed by the City Council concurrently with
General Plan Amendment No. 2005-01, Zone Change No. 2006-03,
Development Agreement No. 2005-01, Conditional Use Permit
No. 2005-01, Development Review No. 2005-27, Tree Permit No. 2005-
06, Vesting Tentative Tract Map No. 63623, and Environmental Impact
Report No. 2005-01.
4. 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 approval of Specific Plan No. 2006-01;
5. Pursuant to CEQA Guidelines Sections 15092 and 15093, the City Council
approved a resolution certifying the EIR, adopting a mitigation monitoring
plan, and adopting "Findings of Facts and Statement of Overriding
Considerations';
6. The applicant has specifically requested the City to approve the following:
(a) Specific Plan No. 2005-01, approving the South Pointe West
Specific Plan for the project site.
7. 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 Vallev Daily Bulletin newspapers.
8. 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. 2006-55 recommending the City Council approve Specific
Plan No. 2006-03;
9. 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 the application. On
February 20, 2007, held a public hearing on a second reading of Specific
Plan No. 2005-01.
10. The City Council has determined that the proposed Specific Plan
represents a consistent, logical, appropriate and rational land use
designation and implementing tool that furthers the goals and objectives of
the City General Plan.
11. 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:
The City Council hereby specifically finds that all of the facts set forth in
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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. 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
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.
;i. 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.
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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. The City Council hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below,
and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is
no evidence before this City Council that the project proposed herein will
have the potential of an adverse effect on wild life resources or the habitat
upon which the wildlife depends. Based upon substantial evidence, this
City Council hereby rebuts the presumption of adverse effects contained
in Section 753.5 (d) of Title 14 of the California Code of Regulations.
8. Based on the findings and conclusions set forth herein, the City Council
hereby finds as follows:
(a) The project is to develop vacant land 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) with 99 single-family condominiums and a public park.
(b) The current General Plan land use designations for the site include
PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -
Density Residential). General Plan Amendment 2005-01 being
consider concurrently with this applicant proposes to remove a map
restriction limiting the numbers of residences on the site and to
change the land use designation for the entire Specific Plan area to
PA-4/SP and the neighborhood park site to Park. With approval of
the General Plan Amendment, the Application will be consistent
with the General Plan land use designation.
(c) The project site is within the R-1-15000 (Single Family Residence -
Minimum Lot Size 15,000 Square Feet) and RPD -10000
(Residential Planned Development with 10,000 -square -foot lot size)
Zones. Zone Change No. 2006-03 is being reviewed concurrently
with the Application that requests that the City Council approve the
zone change from the current zoning to Specific Plan for General
Plan compliance.
(d) Generally to the project site is surrounded by existing single-family
homes on the north, south and west. The South Pointe Middle
School is located just to the northeast of the project site. Vacant
land is borders the site on the east.
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(e) The application involves a request for the following: adoption of the
South Pointe West Specific Plan for development of the site with 99
residential condominiums and an approximately 4.68 -acre
neighborhood park.
Specific Plan: Pursuant to Subdivision Code Section 22.060 of the City's
Development Code and 65451, the City Council finds as follows the
follows:
(f) The South Pointe West Specific Plan document submitted by the
applicant contains plans showing the distribution, location and
extent of the uses of land, including open space.
(g) The South Pointe West Specific Plan includes the proposed
distribution, location and extent and intensity of major components
of public and private transportation, sewage, water, drainage, solid
waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the plan and needed to support
the land uses described in the plan.
(h) The South Pointe West Specific Plan includes standards and
criteria for development to proceed, and standards for the
conservation, development, and utilization of natural resources.
(i) The South Pointe West Specific Plan includes a program of
implementation measures including regulations, programs, public
works projects, and financing measures necessary to carry out the
project.
Q) The South Pointe West Specific Plan includes a statement attesting
to the consistency of the specific plan with the City's General Plan.
`.i. Based on the findings and conclusions set forth above, the City Council
approves Specific Plan No. 2005-01 with the following conditions:
a. GENERAL
(1) This approval for South Pointe West Specific Plan shall be
null and void and of no affect unless the EIR (SCH No.
2005111118) is certified, the Mitigation Monitoring Program,
Findings of Facts and Statement of Overriding
Considerations are adopted, and General Plan Amendment
No. 2005-01, Zone Change No. 2006-03, Conditional Use
Permit No. 2005-01, Development Review No. 2005-27,
Tree Permit No. 2005-06, and Development Agreement
No. 2005-01, are approved. This approval is valid for three
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years. Two extensions of time, one year each may be
approved pursuant to Development Code Section 22.66.
(2) The approval for South Pointe west Specific Plan shall not
take effect until and unless Development Agreement No.
2005-01 is approved and in effect.
(3) In addition to the conditions in this Ordinance, the project
shall comply with all conditions of approval in City Council
Resolution No. 2007-xx for Vesting Tentative Tract No.
063623 and City Council Resolution No. 2007-xx for CUP
No. 2005-01, DR No. 2005-27 and TP No. 2005-06.
(4) The project shall comply with the Mitigation Monitoring
Program for EIR 2005-01, SCH No. 2005111118. A copy is
attached hereto and referenced herein.
b. SPECIFIC PLAN
(5) Within 60 days from the date of the City Council approval of
the South Pointe West Specific Plan, the applicant shall
submit to the Planning Division for review and approval a
revised South Pointe'West Specific Plan documents with the --
following changes:
a. The Open Space — Sub -Planning Areas 4A, 413, and
4C section of the plan shall specify the uses permitted
with these areas as open space and recreational and
prohibit development with any residential, institutional,
religious places of worship, schools or colleges uses.
b. Under Section C — Development Standards, the
minimum depth development standard shall pertain to
the condominium footprint and the front yard setback.
C. Under Section C — Development Standards, the
standard pertaining to side yard interior setback shall
be deleted.
d. Under Section C — Development Standards, the street
side yard setback shall be clarified as to whether it is
measured to the inside or outside edge of the
sidewalk.
(6) Within 60 days from the City Council approval date of the
South Pointe West Specific Plan, the applicant shall submit a
detailed design of the park showing all the elements and
amenities for Community Development Director's and
Community Services Director's review and approval.
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(7) The South Pointe West Specific Plan shall be revised to be
consistent with all setbacks contained in the project site plan.
The City Council shall:
(1) Certify to 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
(3) Forthwith transmit a certified copy of this Ordinance to the
applicant, South Pointe West, LLC, forthwith.
,APPROVED AND ADOPTED THIS 20TH DAY OF
COUNCIL OF THE CITY DIAMOND BAR.
BY:
S ye, Maybr
MARCH 2007, BY THE CITY
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 approved at a regular
meeting of the City Council of the City of Diamond Bar on 20th day of March 2007, by
the following vote:
AYES: Councilmembers:
NOES: Councilmembers: z\sFuok!
ABSENT: Councilmembers: zxur�o-
ABSTAI Councilmembers:r;��
ATTEST: � i."' Cil, i, L"
Tomm e Cribbins, City Clerk
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