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Home My WebLink AboutORD 06 (2007)ORDINANCE NO. 06 (2007) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING PRE -ZONING NO. 2007-01 AND NEGATIVE DECLARATION NO. 2007-02 — A REQUEST TO ANNEX 106.7 ACRES OF LAND INTO THE CITY AND ESTABLISH A PRE -ZONING FOR 25.6 ACRES OF LOW MEDIUM DENSITY RESIDENTIAL DISTRICT (RLM), 9.8 ACRES OF OFFICE PROFESSIONAL DISTRICT (OP) AND 71.3 ACRES OF OPEN SPACE: DISTRICT (OS) CONSISTENT WITH THE EXISTING USES FOR THE CRESTLINE/DIAMOND CANYON AREA, LOCATED AT SOUTH SIDE OF BREA CANYON CUTOFF AND WEST OF SR 57 (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 City of Diamond Bar desires to annex approximately 106.7 acres of territory within its Sphere of Influence located south of Brea Canyon Cutoff Road and west of Highway CA -57, and identified as all Assessor Parcel Numbers beginning with 8269-011-, 8269- 090-, 8269-091-, 8269-097-, and 8269-098-. 2. The proposal for annexation is considered a Project under the California Environmental Quality Act (CEQA), and pursuant to Section 15063 et seq., an Initial Study was performed and the Project was found to have no significant environmental effects. Pursuant to CEQA Guidelines Section 15070 et seq., on May 2, 2007, a notice of intent to adopt a Negative Declaration was circulated with the review period ending on June '19, 2007; 3. Public hearing notices for the City Council meeting of June 19, 2007 were mailed to approximately 245 property owners within a 1,000 foot radius of or within the Project boundaries. Notification of the public hearing for this action was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; 4. On May 22, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the application, and approved Resolution No. 2007-27 recommending the City Council approve Pre -zoning No. 2007-01; 5. The City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the application, and approved the first reading of Ordinance No. XX (2007) for Pre -zoning No. 2007-01 on June 19, 2007, followed by approval of the :second reading on July 17, 2007; 6. The City Council has determined that the proposed Pre -zoning represents a consistent, Logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan; 7. 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, it is found, determined and resolved by the City Council of the City of Diamond Bar 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 does hereby find, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860 is consistent with the General Plan, as follows: (a) The amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City. (b) That portion of the Zoning Map covering the project area is proposed to contain 25.6 acres of Low -Medium Density Residential, 9.8 acres of Office Professional, and 71.3 acres of Open Space. These zoning descriptions are consistent with the land use/zoning designation matrix of the City's Zoning Ordinance compared to the existing land uses. 3. Based on the above findings and conclusions set forth, this City Council does hereby approve Pre -zoning No. 2007-01 and Negative Declaration No. 2007-02 as requires 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. 4. The Zoning Map shall be amended to incorporate the 106.7 -acre area south of Brea Canyon Cutoff Road and west of Highway CA -57 with 25.6 acres of Low -Medium Density Residential District, 9.8 acres of Office Professional District and 71.2 acres of Open Space District and as shown in Exhibit "A" attached hereto and incorporated by reference herein. 5. Pre -zoning shall not take effect unless General Plan Amendment 2007-01 is approved and in effect. 6. The Pre -zoning shall not take effect unless Los Angeles County LAFCO has approved the reorganization of territory under the Cortese -Knox -Hertzberg Local Government Reorganization Act. The City Clerk shall: (1) Certify the adoption of this Ordinance; and 1 1 1 (2) Reflect the changes in Pre -zoning No. 2007-01 to the City's Zoning Map. APPROVED AND ADOPTED THIS 17TH DAY OF JULY 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. eve Tye, or I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, California 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 June and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2007 by the following vote: AYES: Councilmembers:x.r:Z7EE3' `®ac?ieZc F°/raucz a; / w: NOES: Councilmembers: A. ABSENT: Councilmembersa ABSTAIN: Councilmembers:. (111'�_ Tomm Cribbins, City Clerk City of Diamond Bar LOSANOILES C DUN7V I r—j Frcpcsc:l Ci, 80Lrlc,"y VC -3111 EXHIBIT "A" PRE -ZONING NO. 2007-01 ORDINANCE NO. 'W mP4, g ril "M , "'lio �� -S-1 WW - CM OTT Zrmia; Dj5-hilrl _cu:i.l#edium Densi".,y Resin rtal P-c-fc-ssional f0Fi Clar ;OS) Figure 5 Proposed City of Diamond Bar Zoning Map