HomeMy WebLinkAboutORD 01(2012)ORDINANCE NO. 01(2012)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE
CHANGE NO. 2007-04 CHANGING THE EXISTING ZONING TO SPECIFIC
PLAN (SP) FOR PROPERTY COMPRISED OF APPROXIMATELY 30.36
ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON
ROAD AND DIAMOND BAR BOULEV ARD, DIAMOND BAR, CALIFORNIA
(ASSESSORS PARCEL NUMBER 8714-002-900, 8714-002-901, 8714-002-902,
8714-002-903 and 8714-015-001).
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property ownerflead agency/co-applicant, City of Diamond
Bar, executed a Memorandum of Understanding whereby the parties
agreed to collaborate in a specific plan process in order to consider the
possible rezoning of the site consisting of approximately 30.36 acres, and
comprised of multiple parcels located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard, City of Diamond Bar, County
of Los Angeles, California, collectively identified as Site D, so that both
parties may each advance their respective objectives for the disposition
and/or use of their respective property interests.
2. In accordance with the provisions of the California Environmental Quality
Act (CEQA) and its implementing guidelines (CEQA Guidelines), an
Environmental lmpact Report (EIR) was prepared for the resulting Site D
specific plan project. The EIR included an analysis of both the proposed
project, subsequently identified as the March 2010 Site D Specific Plan,
and a number of alternatives thereto. The EIR concluded that, as
mitigated, the implementation of the proposed project would continue to
produce a number of significant environmental effects that could not be
reduced to a less -than -significant level.
3. As specified in the EIR, Alternative 6, identified as the January 2012 Site
D Specific Plan, was determined to be the environmentally -superior
feasible alternative since its implementation would allow for the attainment
of the project's stated objectives and would avoid or substantially lessen
the significant environmental impacts attributable to the proposed project.
4. CEQA contains a "substantive mandate" requiring public agencies to
refrain from approving projects with significant environmental effects if
there arefeasible alternatives or mitigation measures" that can
substantially lessen or avoid those effects. CEQA Guidelines define the
term "feasible" as capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic,
environmental, legal, social, and technological factors. In accordance
therewith, the City Council determined that, since the January 2012 Site D
Specific Plan would result in the avoidance or substantial reduction of
those significant environmental impacts attributable to the March 2010
Site D Specific Plan, is environmentally superior thereto, and is feasible,
the City Council identified Alternative 6 as the preferred project.
5. The City Council certified that the EIR was completed in compliance with
CEQA, that the EIR was presented to and reviewed by the Council, that
the Council considered the information contained therein, and that the EIR
reflected the Council's independent judgment and analysis. In accordance
with CEQA and the CEQA Guidelines, a resolution recommending
certification of the EIR, adoption of a mitigation reporting and monitoring
program, and adoption of findings of fact was approved by the City
Council prior to considering this resolution.
6. The January 2012 Site D Specific Plan, identified as Specific Plan No.
2007-01 (Site D Specific Plan), that is being reviewed concurrently with
this application, includes a land use plan that establishes planning areas
(Residential and Public Park/Open Space) and includes standards and
guidelines for future development of the specific plan site.
7. In recognition that no specific plan may be adopted or amended unless
the proposed plan or amendment unless it is consistent with the agency's
general plan, as specified herein, a consistency assessment has
conducted by the City Council and the Council concluded that Specific
Plan No. 2007-01 (Site D Specific Plan) is generally consistent with the
City of Diamond Bar General Plan.
8. The following approval is requested to the City Council:
(a) Approve Zone Change No. 2007-04 changing the zoning districts
from Low Density Residential (RL), Low/Medium Density Residential
(RLM), and Neighborhood Commercial (C-1) to Specific Plan (SP).
(b) Adopt Specific Plan No. 2007-01, imposing site-specific design and
development standards governing the approximately 30.36 acre
addressed therein.
9. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
February 10, 2012. Public hearing notices were mailed to property
owners within a 1,000 -foot radius of the project site and public notices
were posted at the City's designated community posting sites. In addition
to the published and mailed notices, the project site was posted with a
display board and the notice was posted at three other locations within the
project vicinity.
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10. On April 13, April 27, and May 11, 2010, the Planning Commission of the
City of Diamond Bar conducted and concluded a duly noticed public
hearing on the application and approved Resolution No. 2010-13
recommending the City Council approve Zone Change No. 2007-04. Prior
to recommending that the City Council approve the March 2010 Site D
Specific Plan ---with the addition of a neighborhood park—and correlated
zone change, the Planning Commission considered several alternative
land use plans set forth in the EIR, including all -residential, and mixed-use
alternatives.
11. On June 15, 2010, the City Council of the City of Diamond Bar conducted
a duly noticed public hearing, solicited testimony from all interested
individuals, and continued the matter to July 20, October 19, November
16, December 7 and on December 21, 2010 closed the public hearing.
12. On February 21, 2012, the City Council of the City of Diamond Bar opened
the public hearing, conducted a duly noticed public hearing on the project
and on the EIR, and fully considered the comments submitted during that
hearing, including the Council's own deliberations. On March 6, 2012, the
City Council completed the second reading of this Ordinance.
13, 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 of Diamond Bar General Plan.
14. The documents and 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, 21810 Copley Drive, Second Floor, Diamond Bar, CA 91765.
B. 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. 2007-02 (SCH No. 2008021014) be prepared.
An EIR has been prepared according to the requirements of the California
Environmental Quality Act (CEQA) and CEQA Guidelines promulgated
thereunder. On February 21, 2012, the City Council reviewed the EIR and
adopted Resolution No. 2012-07 certifying the EIR as complete and
adequate after conducting and concluding a duly noticed public hearing.
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3. 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 the Zone Change No. 2007-04 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. The Zoning Map does not presently reflect the General Plan
designation for the property. Zone Change No. 2007-04 will place
the City's Zoning Map in conformance with the General Plan by
designating the Property as SP (Specific Plan), with sub -areas
corresponding to those in the Site D Specific Plan. The existing
approximate 30.36 acres located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard (Assessors Parcel
Numbers 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-
903, and 8714-015-001) shall have a zoning designation of SP —
Specific Plan.
4. The City Council does hereby approve Zone Change No. 2007-04 based
on the above findings, as required by Municipal Code Section 22.70.050
and in conformance with California Government Code Sections 65853 and
65860.
5. The Community Development Director shall modify the Official Zoning
Map in accordance with this ordinance to indicate thereon that the real
property legally described in Exhibits A-1 through A-4 as attached herein
is within the Site D Specific Plan.
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:
Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut,
CA 91789.
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APPROVED AND ADOPTED THIS 6t" DAY OF MARCH 2012, BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR.
By:
Ling- or
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 21st day of February and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 6t1' day of
March, 2012, by the following vote:
AYES: Councilmembers: Everett, Herrera, Tye, MPT/Tanaka
NOES: Councilmembers: M/ Chang
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tommye bribbins, City Clerk
fs"Nozi 11111
LEGAL DESCRIPTION OF SCHOOL PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCELI:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, DESCRIBED AS FOLLOWSo
13EGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 (BREA CANYON
CHANNEL) OF TRACT 27577, AS PER MAP RECORDED IN BOOK 702,PAGES 22 TO 25
INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, DISTANT THEREON NORTI-I 3641, 1811
EAST 245.38 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 3(f4l'1911 FAST
745.38 FEET; THENCE SOUTH 508'42" EAST 235.80 FEET; THENCE SOUTH 71"00'13" EAST
580.00 FEET; THENCE SOUTH 340'00" EAST120.00 FEET; THENCE NORTH 56'00'00" EAST
340.00 FEET; THENCE NORTH 4)0'00" EAST 980.00 FEET; THENCE NORTH 28'07'43"WEST
570-00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF DIAMOND BAR BOULEVARD,
AS SHOWN ON MAP OF TRACT 25991, AS PER MAP RECORDED IN BOOK 702 PAGES 16 TO
21 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; SAID POINT BEING ON.A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2050.00 FEET, A. RADIAL LINE
TO SAID POINT BEARS SOUTH 28'07'43" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVE, ALONG THE SOUTHEASTERLY LINE OF SAID DIAMOND BAR BOULEVARD;
THROUGH A CENTRAL ANGLE OF 4i 1'33." AN ARC DISTANCE OF 150.00 FEET; THENCE
TANGENT TO SAID LAST MENTIONED CURVE, ALONG THE SOUTHEASTERLY LINE OF
SAID DIAMOND BAR BOULEVARD SOUTH 66b3'50" WEST 875.89 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, ALONG TI -TE
SOUTHEASTERLY LINE OF SAID DIAMOND BAR BOULEVARD, THROUGH A CENTRAL
ANGLE OF 2(f5O'10" AN ARC DISTANCE, OF 381.83 FEET TO THE NORTHEAST CORNER OF
SAID LOT 76; THENCE SOUTH 3(Y41'18" WEST, ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 76,500.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION OF SAID SECTION 29 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT 27577, AS
PER MAP RECORDED IN BOOK 702 PAGES 22 TO 25 INCLUSIVE OF MAPS, RECORDS OF
SAID COUNTY, DISTANT THEREON NORTH 3041'18" EAST 259.67 FEET FROM THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 3641'18" EAST AND A DISTANCE OF 74538 FEET; THENCE CONTINUING ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 76, NORTH 304118" FAST 485.71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577, SAID SOUTHERLY LINE BEING A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 4�1'50"AN ARC DISTANCE OF 79,97 FEET; THENCE Soum 3641'18ti
WEST 527.99 FEET TO A LME THAT BEARS SOUTH 63N'06" EAST FROM THE POINT OF
BEGINNING; THENCE, NORTH 6n6'06" WEST 64,82 FEET TO THE POINT OF BEGINNING,
ALSO EXCEPT THEREFROM SAID LAND ALL OIL, GAS AND OTHER HYDROCARBONS
AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF
SAID LAND FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF SUCH SUBSTANCES,
PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND ALL OTHER SURFACE
FACILITIES SHALL BE LOCATED ON LAND OTHER TRAN DESCRIBED HEREIN, AND
SHALL NOT PENETRATE ANY PART OF PORTION OF THE ABOVE DESCRIBED REAL
PROPERTY WITHIN 500 FEET OF THE SURFACE THEREOF, AND ALL OF THE RIGHTS SO
TO RE -MOVE SUCH SUBSTANCES ARE HEREBY SPECIFICALLY RESERVED, INCLUDING
THE RIGHT TO DRILL FOR,, PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN
CONNECTION WITH SUCH OPERATIONS, AS EXCEPTED AND RESERVED BY
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION WHICH ACQUIRED TITLE
AS CAPITAL COMPANY, A CORPORATION, IN DEED RECORDED AUGUST 12, 1964 AS
INSTRUMENT NO. 1401.
PARCEL 2,
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDfNO
BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT 27577, AS
PER MAP RECORDED IN BOOK 702, PAGES 22 TO 25, INCLUSIVE OF MAPS, RECORDS OF
SAID COUNTY, DISTANT THEREON NORTH 304FIV EAST 259.67 FEET FROM THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 3 41'18" EAST AND A DISTANCE OF 745.38 FEET; THENCE CONTINUING ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 76, NORTH 3(APIV EAST, 495,71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577, SAID SOUTHERLY LINE) BEING A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH CENTRAL
ANGLE OF 441,50,, AN AR.0 DISTANCE OF 79,97 FEET; TFIENCk SOUTH 3(f41'18" WEST
527.99 FEET TO A LINE THAT BEARS SOUTH 63"26'06" EAST FROM THE POINT OF
BEGI`NNING- THENCE NORTH 63N'06" WEST 64.82 FEET TO THE POINT OF BEGINNING,
2
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NTOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR THEREUNDER, TOGETHER
WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE AND MINE
THEREFROM SUCH OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AND TO
STORE, THE SAME UPON THE SURFACE OF SAID LAND; TOGETHER WITH THE RIGHT TO
STORE UPON THE SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS
AND Iv rNERALS WHICH MAY BE PRODUCED FROM OTHER LANDS, WITH THE RIGHT OF
ENTRY THEREON FOR SAID PURPOSES, AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON AND THEREFROM, ALL
PIPE LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES WHICH MAY BE NECESSARY AND REQUISITE TO CARRY ON
OPERATIONS ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINtAIN,
OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE, FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR
CONVENIENT THERE -TO, AS EXCEPTED AND RESERVED IN THE DEED FROM
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29,
1968 AS INSTRUMENT NO, 2456, IN BOOK D3955 PAGE 185, OFFICIAL RECORDS AND RE-
RECORDED JUNE 19, 1969 AS INSTRUMENT NO, 1776 IN BOOK D4407 PAGE 591,1 OFFICIAL
RECORDS.
SAID INTEREST WAS CONVEYED TO TRANSAMERICA MINERALS COMPANY,, A
CALIFORNIA CORPORATION, BY DEED RECORDED JUNE 20, 1985 AS INSTRUMENT NO.
85-74005.
AN INSTRUMENT PURPORTEDLY QUITCLAIMING, RELEASING AND SURRENDERING
ONLY THE SURFACE RIGHTS TO A DEPTH OF 500 FEET AND PROVIDING FOR REMOVAL
OF ALL GAS, MrNFRALS AND HYDROCARBONS BELOW S -A-11) DEPTH AS CONVEYED TO
TRANSAMERICA DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION BY DEED
RECORDED JANUARY 5, 19&7 AS INSTRUMENT NO, 87-10522.
3
ENJUBTf A-2
TYINPOF SCHOOL PROPERTY
PARCEL 2
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PARCEL 1
28,01 ACRES
EXH1131T A-3
LEGAL DESCRIPTION OF CITY PROPERTY
THE LEGAL DESCRIPTION OF THE PROPERTY IS.
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RATE 9 WEST, SAN BERNARDINO
(MERIDIAN COUNTY OF LOS ANGELES, STATE. OF CALIFORNIA, AS PER RECORD OF
SURVEY, FILED IN BOOR 76 PACES 51 THROUGH 56 INCLUSIVE OF RECORD OF SURVEY, IN
THE OFFICE OF THE i,=NTY RECORDED. OF SAID COUNTY.
BEING DESCRIBED AS FOLLOWS:
THAT ,AREA SHOWN AS "NOT A PART OF THIS SUBDIVISION ON THE MAP OF TRACT NO.
27577, AS PER. MAP RECORDED IN BOOK 702 PAGES 22 THROUGH 25 INCLUSIVE OF MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SAID AREA BEING BOUNDED ON THE NORTHWEST BY SOUTHEASTERLY LINE OF BREA
CANYON ROAD, AS SHOWN ON MAP OF SAID TRACT 27577; BOUNDED ON THE NORTH BY
THE SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
NO. 27577; BOUNDED ON THE SOUTHEAST BY THE NORTHWESTERLY LINE OF LOT 76, AS
SHOWN ON MAP OF SAID TRACT NO. 27577, BOUNCED ON THE SOUTHWEST BY THE
NORTHEASTERLY LINE OF LOT 39, THE NORTHERLY TERMINUS OF CASTLE ROCK ROAD,
AND THE NORTHERLY LINE OF TEN (10) FOOT WALK, ALL BEING SHOWN ON MAP OF SAID
TRACT NO. 27577.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, ANIS OTHER HYDROCARBON SUBSTANCES
LYING BELOW THE SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE. ENTRY, AS
PROVIDED IN DEEDS OF RECORD.
EXHIBIT A-4
" OF CITY PROPERTY
NVA