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Home My WebLink AboutORD 05(2012) UORDINANCE NO. 05 (2012) U AN URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 2005-01 BETWEEN THE CITY OF DIAMOND BAR AND JCCL-SOUTH POINTE WEST LLC FOR THE SOUTH POINTE WEST SPECIFIC PLAN AND DECLARING THE URGENCY THEREOF A. RECITALS 1. The City of Diamond Bar and JCCL-South Pointe West LLC, desire to amend a development agreement approved on April 6, 2007, pursuant to Government Code Sections 65864 through 65869.5, and Chapter 22.62 of Title 22 of the Diamond Bar Municipal Code with respect to real property South of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd ("South Pointe West"), further identified as Assessor's Parcel Numbers 8765-001-001, 8765-002-002, 8765-005-003, 9765-005-007, and portions of 8765-005-905, 9763-026-907 and 8763-026-901 2. The Project Site is currently comprised of one parcel totaling 34.5 -acre site located in the southwesterly portion of Diamond Bar. In 2007, the City approved the South Pointe West Specific Plan and related tentative tract map that authorizes the development of 99 single-family dwellings, and requires the developer to construct and dedicate to the City a 4.68 -acre neighborhood park. 3. On March 13, 2012, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the amendment based on the findings in DBMC Sections 22.62.030(e). 4. On March 23, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley DailyBulletin newspapers. Public hearing notices were mailed to property owners within a 1000 -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. 5. On April 3, 2012, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 6. 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, Diamond Bar, CA 91765. B. NOW, THEREFORE, the City Council does hereby ordain as follows: 1. 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. This On December 19, 2006 the Diamond Bar City Council approved Resolution 2006-78 certifying Environmental Impact Report (EIR) No. 2005-01 (SCH 2005111118). No changes in the South Pointe West project are proposed ad there is no new information or change in circumstances that would call for a re-examination of the original CEQA determination. Therefore, according to Section 15162 of the California Environmental Quality Act guidelines, the time amendments requested by the applicant would not necessitate new or separate environmental review. 3. In accordance with Development Code Section 22.62.030(e) (Findings), the City Council makes the following findings of fact regarding the Development Agreement 2012-01: a. Amendment No. 1 to Development Agreement No. 2005-01 is in the best interest of the City. b. Amendment No. 1 to Development Agreement No. 2005-01 implements the proposed South Pointe West project and will provide certainty to the City and the Applicant that the project continues forward with the development. Because of this, the Agreement is in the, best interest of the City and its residents. c. Amendment No. 1 to Development Agreement No, 2005-01 is consistent with the General Plan, any applicable Specific Plan and the Development Code. The subject of Amendment No. 1 to Development Agreement No. 2005-01 is consistent with the General Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Ordinance demonstrate conformance with City requirements. d. Amendment No. 1 to Development Agreement No. 2005-01 would promote the public interest and welfare of the City. Development Agreement No. 2005-01 implements this development plan and thus promotes the public interest and welfare. e. Amendment No. 1 to Development Agreement No. 2005-01, 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. f. The Agreement has a five-year term that is set to expire on April 9, 2012., Both Owner and City wish to extend the terms of the agreement for another five years to provide the additional time necessary to complete the project. In order to ensure the development of the South Pointe West Specific Plan takes place, this Urgency Ordinance is adopted to extend the development agreement immediately so that it does not expire. This Urgency Ordinance is adopted pursuant to California Government Code Section 36937 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. 4. This Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA°) as prescribed under Section 15061(b)(3) of the CEQA guidelines (no„potential for causing a significant effect on the environment) therefore, no further environmental review is required. 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: JCCL-South Pointe West, LLC 1156 N. Mountain Ave. Upland, CA 91785. APPROVED AND ADOPTED THIS 3R° DAY OF APRIL. 2012, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Li 1n6 ang, Mayor N, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 3rd day of April 2012, by the following vote: AYES: Council Member. Everett, Herrera, Tye, MPT/Tanaka, M/ Chang NOES: Council Member: None ABSTAIN: Council Member: None ABSENT: Council Member: None r ATTEST: Tom ye CribbinS, City Clerk City of Diamond Bar EXHIBIT "A" FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF DIAMOND BAR AND JCCL-SOUTH POINTE WEST LIMITED LIABILITY COMPANY RECITALS A. JCCL-South Pointe West, LLC ("Developer") is the owner of that certain real property in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as South Pointe West Specific Plan more fully described on Exhibit A of the Development Agreement described in Recital D below (the "Property"). B. The City of Diamond Bar ("City"), is authorized to enter into development agreements with persons having legal or equitable development interests in real property located in the City pursuant to Government Code Sections 65864, et seq. C. The City has adopted rules and regulations for consideration of development agreements including any amendments of such agreements pursuant to Government Code Section 65565 and Chapter 22.62 of the Diamond Bar Municipal Code. D. The Developer and City entered into a Development Agreement dated April 6, 2007 (the "Agreement") pursuant to proceedings undertaken in accordance with Chapter 22.62 of the Diamond Bar Municipal Code for the development of the Property as more fully described on Exhibit A of the Agreement (the "Project"). E. Owner has requested pursuant to Section 2.5 of the Agreement that the City modify the Agreement to extend certain deadlines contained in Section 2.3 thereof, and to delete Section 4.4.1.2 which would obligate the Developer to place monies into an escrow account, and proceedings to amend the Agreement have accordingly been undertaken in accordance with Chapter 22.62 of the Diamond Bar Municipal Code. F. The City finds that entering into this First Amendment to Development Agreement ("First Amendment") will continue to serve the public interest, will implement the policies, objectives and standards of and is consistent with the General Plan. AGREEMENT NOW THEREFORE, in consideration of the above recitals, the mutual covenants and conditions contained in the Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: Section 2.3 is deleted and the following inserted in place thereof: 2.3 Term. The term of this Agreement commenced on the Effective Date which was April 19, 2007, and shall continue for a period of ten (10) years until April 19, 2017." 2. Section 4.4.1.2 and references thereto are deleted in its entirety. 3, This Amendment may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 4. Except as amended above, the Agreement shall remain in full force and effect. DEVELOPER JCCL-SOUTH POINTE WEST, LLC, a Delaware limited liability company By: LEWIS OPERATING CORP., a California corporation - Its Sole Manager By: Name: Its: Authorized Aaent 2 CITY CITY OF DIAMOND BAR By: Name: Title: EXHIBIT A-1 Legal Description of the Property LOTS 46, 47 48 AND A PORTION OF 49 OF TRACT NO. 32576, AS PER MAP RECORDED IN BOOK 927, PAGES 28 TO 31, INCLUSIVE, OF MAPS, AND THAT PORTION OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, ALLIN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 3