HomeMy WebLinkAboutPC 93-19RESOLUTION NO. PC 93-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION
OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND
APPROVAL OF THE SOUTH POINTE- DEVELOPMENT AGREEMENT FOR
R/N/P DEVELOPMENT, INC., INCLUDING THE SOUTH POINTE MASTER
PLAN, HILLSIDE MANAGEMENT CONDITIONAL- USE PERMIT AND OAK
TREE PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH
POINTE MASTER PLAN AND VESTING TENTATIVE TRACT MAP NO. 51407,
LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER
ROAD, IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals
(i) JVNIP Development, Inc., 4439 Rhodelia Drive, Claremont, Ca 91711;
(the "Applicant" hereinafter), -has heretofore filed an application- for
approval of a Development Agreement including the South Pointe Master
Plan, Hillside Management Ordinance Conditional Use Permit for land
form modifications and Oak -Tree Removal Permit involving the removal
of 449 coast live oaks with replacement both on and off the project site as
described in the title of this Resolution. Hereinafter- in this Resolution,
the subject Development Agreement shall be referred to as the
"Application".
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of.California. Thereafter,
the City Council of the City of Diamond Bar adopted, by ordinance; the
Los Angeles County Code as the ordinances of the City of Diamond Bar.
Titles 21, and 22 of the Los -Angeles County Code, as amended, contain
the Development Code of the County of Los Angeles now currently
applicable to development applications,, including the subject Application,
within the City of Diamond Bar.
(iii) As a component of the South Pointe Master Plan the application has been ,
processed in accordance with Ordinance_ No. 4 (1992) of the City of
Diamond Bar.
(iv) The California Government Code authorizes cities to enter into binding
development agreements with -persons having legal or equitable interests
in real property for the development of such property.
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(v) As established in the January 25, 1993, Staff Report the South Pointe
Master Plan including this Tentative Tract, is consistent with the Hillside
Management Ordinance. Staff Report Section III F, Compliance with Hillside Ordinance, provides an application analysis illustrating conformity
with the specific guidelines and/or standards contained within the Hillside
Ordinance. The Conditional Use Permit for the Hillside Ordinance is
granted pursuant to this Development Agreement.
(vi) As identified as a mitigation measure in the EIR, (Biological Resources)
prior to initiation of grading activities, the project applicant(s) shall obtain
an Oak Tree Permit in accordance with Part 16, Chapter 22.56 of Title 22
of the Los Angeles County Code. This Oak Tree Permits is granted
pursuant to this Development Agreement.
(vii) On October 26, 1992, January 25, February 8, February 22, February 25,
March 22, April 12, April 26, April 29 and May 10, 1993, the Planning
Commission of the City of Diamond Bar conducted a duly noticed public
hearing on the subject matter of the Application.
(viii) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
`k F NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds and based thereon, recommends
that the City Council so certify, that Environmental Impact Report No.
92-1 (SCH92081040) has been prepared for this project in compliance
with the California Environmental Quality Act of 1970, as amended, and
the Guidelines promulgated thereunder and further that said Environmental
Impact Report No. 92-1(SCH92081040) reflects the independent judgment
of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines and
recommends that the City Council so find and determine, based on the
findings set forth below, that changes and alterations have been required
in or incorporated into and conditioned upon the project specified in the
application, which mitigate or avoid significant adverse environmental
impacts identified in said Environmental Impact Report No. SCH
- 92081040 except as to those effects which are identified and made the
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subject of a Statement of Overriding Considerations which this Planning
Commission finds are clearly outweighed by the economic, social and
other benefits of the proposed project, as more fully set forth in the
Statement of Overriding Considerations.
4. The Planning Commission hereby recommends that the City Council adopt
the findings, facts in Support of Findings, and the Statement of Overriding
Considerations attached hereto as Exhibit "A" and hereby incorporated by
reference.
5. The applicant shall make payment of any and all fees which the
Department of Fish and Game may require to be paid prior to the issuance
of any building permit or further entitlement.
6. The Hillside Management Ordinance Conditional Use Permit is required
by Section 18 of the City of Diamond Bar Hillside Management
Ordinance.
7. Based on substantial evidence presented to this Commission during the
above -referenced public hearing, including written and oral staff reports,
public testimony and the record of the Application, this Planning
Commission hereby specifically finds as follows:
(a) The Application applies to a parcel located within the South Pointe
Master Plan area generally described as being situated west of the
Orange (SR -57) Freeway and Brea Canyon Road, east of the
corporate boundaries of the City (Tract 27141) and Morning Sun
Avenue, north of Pathfinder Road and the adjacent existing
residential area (Tract 32576) and south of existing residential and
vacant land located southerly of Colima Road.
(b) Surrounding properties' General Plan and land use designations
are:
East: 57 Freeway/Brea Canyon Road;
South: RL OS/Single Family Res., Open Space;
West: RLM/Single Family Res.;
North: RLM/Single Family Res.
(c) The Application is for a Development Agreement with a Master
Plan (Exhibit "C"), Hillside Management Ordinance Permit and
Oak Tree Removal Permit and is compatible with the objectives,
policies and programs specified because the parcels and land uses
proposed by the agreement are consistent with enclave
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designations, statistical analysis and development standards
contained within the South Pointe Master Plan. The Application
is for one of three Oak Tree Removal Permits within the South
Pointe Master Plan area involving the removal of 449 Coast Live
Oak Trees 3 inches or more in diameter at a height of five foot,
and replacement of removed trees at a 2:1 ratio or 898 oak trees
both on and off the South Pointe Master Plan site.
(d) The site is physically suitable for the type of development
proposed and has access to public highways and streets. Further,
the property shall be served by sanitary sewers, provided with
water supply and distribution facilities with sufficient capacity to
meet anticipated domestic and fire protection needs and shall have
geologic hazards and flood hazards mitigated in accordance with
the requirements of the Department of Public Works of the County
of Los Angeles.
(e) The design of the project and of the proposed improvements will
not cause substantial environmental damage or substantial and
avoidable injury to fish or wildlife or to their habitat, and while
the proposed development will have a significant adverse effect on
m biological resources, a Statement of Overriding Considerations has
been adopted on those unavoidable impacts.
(f) The permitted improvements will not cause serious public health
problems, since sewage disposal, storm drainage, public services
and geological and soils factors are addressed in the Vesting
Tentative Tract conditions of approval filed concurrently with this
project.
(g) The City of Diamond Bar has adopted rules and procedures and
requirements for consideration of development agreements.
(h) The property owner(s) have requested the City of Diamond Bar to
consider entering into a development agreement and proceedings
have been taken into accordance with the rules and regulations.
(i) The South Pointe Master Plan area is proposed to be developed as
a planned community containing 202 single family homes, 290,000
square feet of commercial office use, a school, open space and
park land and public roadways. Vesting Tentative Tract No.
51407 involves the development of 90 single family residential
dwelling units, 1 park/open space parcel and 3 commercial parcels.
The agreement also provides for the provision of necessary
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infrastructure and public services to the development and for the
payment of fees to mitigate the impacts of the development upon
the City and its residents.
(j) The land uses contained within the South Pointe Master Plan,
residential, office/commercial and park and open space are
permitted in the zone and comply with all applicable provisions of
the City of Diamond Bar Municipal Code. In addition, the land
uses, subdivision design and subsequent grading are compatible
with the surrounding built environment and are consistent with the
goals and policies of the Hillside Management Ordinance as
discussed in the January 25, 1993, staff report Section III F.
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(k) The proposed development and grading plan will not impair the
integrity and character of the zone in which they are to be located
because the development proposal includes similar standards to
those existing in adjacent neighborhoods and includes an excess
of park and open space lands.
(1) Adoption of the requested development agreement would further
the legislative purposes of the State enabling act by encouraging
the provision of new housing.
(m) The agreement will also achieve a secondary benefit by providing
receipt of additional revenue (sales tax, land transfer to City) to
the City of Diamond Bar thereby meeting Draft General Plan goals
relative to developing a fiscally solvent financially stable
community and providing excess park land thereby providing
infrastructure which supports development and planned growth.
(n) The development agreement is consistent with the terms and
conditions of Vesting Tentative Tract No. 51407.
(o) The agreement makes provision for periodic review of its
implementation and includes the contents required by Government
Code Section 65865.2 relative to duration of the agreement, the
density and intensity of use and the maximum height and size of
proposed buildings and provisions for the dedication of land for
public purposes.
(p) That the proposed development agreement is consistent with the
public convenience, general welfare and good land -use practice,
making it in the public interest to enter into the development
agreement with the applicant; and,
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(q) The proposed development agreement will not:
1. Adversely affect the health, peace, comfort or welfare of
persons residing or working in the surrounding area; or,
2. Be materially detrimental to the use, enjoyment or
valuation of property of other persons located in the
vicinity of the site; or,
3. Jeopardize, endanger or otherwise constitute a menace to
the public health, safety or general welfare.
8. Based upon substantial evidence presented to this Planning Commission
during the above -referenced public hearing and upon the specific findings
of fact set forth above, pursuant to the provisions of California
Government Code 65360, the Planning Commission hereby fmds and
determines as follows:
(a) The action proposed has been processed in accordance with
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
(b) The Application as proposed complies with all other applicable
requirements of State law and the City of Diamond Bar zoning and
subdivision ordinances.
9. Based on the findings and conclusions set forth herein, the Planning
Commission recommends that the City Council hereby approve the
Application subject to the conditions which are set forth in Exhibit B
hereto and are incorporated by reference.
10. The Planning Commission Secretary is hereby directed (a) to certify to the
adoption of this Resolution and, (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return receipt requested, to the
applicant: R/N/P Development, Inc., 4439 Rhodelia Drive, Claremont,
CA 91711.
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Approved and adopted this the 24th day of May, 1993 by the Planning Commission `of
the City of diamond
_
BY:
Bruce Flamenbaum, Chairman
I, James De'Stefano, Secretary to the City of Diamond Bar Planning Commission do
hereby certify that the foregoing Resolution was passed, adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond Bar held on the
24th of May, 1993, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Meyer,
Plunk, Li
NOES: COMMISSIONERS: Grothe
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ATTEST: ///��� ///���
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Ja es D6te€ano; Secretary
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