Loading...
HomeMy WebLinkAboutPC 2004-23A. PLANNING COMMISSION RESOLUTION NO. 2004-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CERTIFICATION OF THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORTS FOR THE DIAMOND BAR MEDICAL PLAZA AND THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; AND FINDINGS AND STATEMENTS OF FACT IN SUPPORT THEREOF, REGARDING DEVELOPMENT OF A 71 -ACRE PARCEL LOCATED SOUTH OF GRAND AVENUE AND EAST OF GOLDEN SPRINGS DRIVE, CONSISTING OF 200 MULTI -FAMILY RESIDENTIAL UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL, RETAIL AND INSTITUTIONAL USES. RECITALS Lewis Operating Corp. (the "Applicant") has submitted a request to the City of Diamond Bar (the "City") to develop the approximately 71 -acre parcel of property located south of Grand Avenue and east of Golden Springs Drive (the "Property') with 200 for -sale, multi -family residential housing units, 50,000 square feet of institutional uses and 220,000 square feet of commercial -retail uses (the "Diamond Bar Village," or "DBV"); 2. The Applicant has specifically requested the City to approve the following: (a) A certification of an addendum to certain prior Environmental Impacl Reports concerning the Property, as discussed below; (b) General Plan Amendment No. 2004-01, changing the General Plan designation of a 14 -acre portion of the Property from Planning Area 3/Specific Plan/Professional Office to Planning Area 3/Specific Plan/High Density Residential; (c) Zone Change No. 2004-02, modifying the City's Zoning Map to notate the Property as within the SP (Specific Plan) zoning district, with sub -areas of RH (High -Density Residential), OS (Open Space) and C-3 (Regional Commercial) uses; (d) Specific Plan No. 2004-01, delineating the Applicant's proposal for development of Diamond Bar Village on the Property; and (e) Finalization and execution of Development Agreement No. 2004-01 by the City Manager, concerning terms and conditions of the development of Diamond Bar Village on the Property; 3. Applicant's case materials, including a complete application for Diamond Bar Village, are on file with the City's Department of Community and Development Services, Planning Division; 4. Pursuant to and in conformance with the California Environmental Quality Act, Pub. Res. Code § 21000 et seq. ("CEQA") and CEQA Guidelines, 14 Calif. Code Regs. § 15000 et seq., the City prepared an Environmental Impact Report for Diamond Bar Medical Plaza ("Medical Plaza EIR"), which was certified by the City Planning Commission on April 12, 1993 by Planning Commission Resolution No. -_ 93-11 and is designated State Clearinghouse No. 91121027; 5. Also pursuant to and in conformance with CEQA, the City prepared an Environmental Impact Report for Diamond Bar Economic Revitalization Area (the "Revitalization EIR"), which was certified by the City Council on July 1, 1997 by Resolution No. 97-51 and is designated State Clearinghouse No. 96111047; 6. Also pursuant to and in conformance with CEQA, the City prepared an addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village, as DBV is consistent with the type and intensity of land uses analyzed in such EIRs, there are neither new significant impacts nor a substantial increase in the severity of the impacts identified in such EIRs and no new mitigation measures are required; and 7. The Planning Commission held a duly -noticed public hearing to consider Diamond Bar Village on June 22, 2004. B. RESOLUTION NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Diamond Bar does hereby recommend to the City Council certification of the Addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village, which addendum is adequate for the purposes of CEQA based on the following findings: 1. The City of Diamond Bar certified the Diamond Bar Medical Plaza Environmental Impact Report by Planning Commission Resolution No. 93-11 on April 12, 1993 (the "Medical Plaza EIR") and certified the Diamond Bar Economic Revitalization Plan Environmental Impact Report by Resolution No. 97-51 on July 1, 1997 (the "Revitalization EIR"), which EIRs were prepared in compliance with CEQA, and which documents consider and analyze the environmental impacts of development on the Property or portions thereof. The Medical Plaza EIR identified significant and unmitigatable impacts on future traffic on Grand Avenue, Golden Springs - Road, SR -57 and SR -60 and cumulative impacts to air quality. The City of Diamond Bar adopted findings and a statement of overriding considerations in Planning Commission Resolution No. 93-11 on April 12, 1993. In addition, the Revitalization EIR identified significant, unavoidable, adverse impacts to air quality, and the City of Diamond Bar adopted findings and a statement of overriding considerations in Resolution No. 97-51 on July 1, 1997. The Medical Plaza and Revitalization EIRs considered developments for the Property that were more intensive than Diamond Bar Village. Based on the Addendum for DBV, approval and development of DBV would result in environmental impacts no more significant than those considered in the Medical Plaza and Revitalization EIRs. 2. Pursuant to Section 21090 of CEQA and Sections 15006, 15162, 15164 and -- 15168 of the CEQA Guidelines, the Project, as defined in the Addendum, is an action considered under the Medical Plaza and Revitalization EIRs, and there is substantial evidence that there are no new significant environmental impacts, there N is no substantial increase in the severity of any previously identified impact and there are no new mitigation measures required so as to warrant a supplemental or subsequent EIR or negative declaration. 3. The City has independently reviewed and considered the Addendum for Diamond Bar Village prior to taking action on the proposed project. 4. The information and analysis contained in the Addendum for Diamond Bar Village reflects the City's independent judgment as to the environmental consequences of the proposed project. 5. Diamond Bar Village is subject to the Mitigation Monitoring and Reporting Plan (the "MMRP") identified in the Diamond Bar Village Initial Study, which MMRP refines certain mitigation measures adopted in the Medical Plaza and Revitalization EIRs and incorporates them as integral elements of the DBV project. 6. 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, Department of Community and Development Services, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 22nd DAY COMMISSION OF THE CITY OF DIAMOND BAR. BY: Dan Nolan, Chairman OF JUNE, 2004, BY THE PLANNING I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed and adopted by the Planning Commission on the 22nd day of June, 2004 with the following vote: AYES: Commissioners NOES: None. ABSENT: None. ABSTAIN: None. McManus, VC/Tanaka, Low, Tye, C/Nolan ATTEST: James DeS efano, Secretary 3 PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CERTIFICATION OF THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORTS FOR THE DIAMOND BAR MEDICAL PLAZA AND THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; AND FINDINGS AND STATEMENTS OF FACT IN SUPPORT THEREOF, REGARDING DEVELOPMENT OF A 71 -ACRE PARCEL LOCATED SOUTH OF GRAND AVENUE AND EAST OF GOLDEN SPRINGS DRIVE, CONSISTING OF 200 MULTI -FAMILY RESIDENTIAL UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL, RETAIL AND A. RECITALS Lewis Operating Corp. (the "Applicant") has submitted a request to the City of Diamond Bar (the "City") to develop the approximately 71 -acre parcel of property located south of Grand Avenue and east of Golden Springs Drive (the "Property") with 200 for -sale, multi -family residential housing units, 50,000 square feet of institutional uses and 220,000 square feet of commercial -retail uses (the "Diamond Bar Village," or "DBV"); 2. The Applicant has specifically requested the City to approve the following: (a) A certification of an addendum to certain prior Environmental Impact Reports concerning the Property, as discussed below; (b) General Plan Amendment No. 2004-01, changing the General Plan designation of a 14 -acre portion of the Property from Planning Area 3/Specific Plan/Professional Office to Planning Area 3/Specific Plan/High Density Residential; (c) Zone Change No. 2004-02, modifying the City's Zoning Map to notate the Property as within the SP (Specific Plan) zoning district, with sub -areas of RH (High - Density Residential), OS (Open Space) and C-3 (Regional Commercial) uses; (d) Specific Plan No. 2004-01, delineating the Applicant's proposal for development of Diamond Bar Village on the Property; and (e) Finalization and execution of Development Agreement No. 2004-01 by the City Manager, concerning terms and conditions of the development of Diamond Bar Village on the Property; Applicant's case materials, including a complete application for Diamond Bar Village, are on file with the City's Department of Community and Development Services, Planning Division; 4. Pursuant to and in conformance with the California Environmental Quality Act, Pub. Res. Code § 21000 et seq. ("CEQA") and CEQA Guidelines, 14 Calif. Code Regs. § 15000 et seq., the City prepared an Environmental Impact Report for Diamond Bar Medical Plaza ("Medical Plaza EIR"), which was certified by the City Planning Commission on April 12, 1993 by Planning Commission Resolution No. 93-11 and is designated State Clearinghouse No. 91121027; 5. Also pursuant to and in conformance with CEQA, the City prepared an Environmental Impact Report for Diamond Bar Economic Revitalization Area (the "Revitalization EIR"), which was certified by the City Council on July 1, 1997 by Resolution No. 97-51 and is designated State Clearinghouse No. 96111047; 6. Also pursuant to and in conformance with CEQA, the City prepared an addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village, as DBV is consistent with the type and intensity of land uses analyzed in such EIRs, there are neither new significant impacts nor a substantial increase in the severity of the impacts identified in such EMs and no new mitigation measures are required; and 7. The Planning Commission held a duly -noticed public hearing to consider Diamond Bar Village on June 22, 2004. B. RESOLUTION NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Diamond Bar does hereby recommend to the City Council certification of the Addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village, which addendum is adequate for the purposes of CEQA based on the following findings: 1. The City of Diamond Bar certified the Diamond Bar Medical Plaza Environmental Impact Report by Planning Commission Resolution No. 93-11 on April 12, 1993 (the "Medical Plaza EIR") and certified the Diamond Bar Economic Revitalization Plan Environmental Impact Report by Resolution No. 97-51 on July 1, 1997 (the "Revitalization EIR"), which EIRs were prepared in compliance with CEQA, and which documents consider and analyze the environmental impacts of development on the Property or portions thereof. The Medical Plaza EIR identified significant and unmitigatable impacts on future traffic on Grand Avenue, Golden Springs Road, SR -57 and SR -60 and cumulative impacts to air quality. The City of Diamond Bar adopted findings and a statement of overriding considerations in Planning Commission Resolution No. 93-11 on April 12, 1993. In addition, the Revitalization EIR identified significant, unavoidable, adverse impacts to air quality, and the City of Diamond Bar adopted findings and a statement of overriding considerations in Resolution No. 97-51 on July 1, 1997. The Medical Plaza and Revitalization EIRs considered developments for the Property that were more intensive than Diamond Bar Village. Based on the Addendum for DBV, approval and development of DBV would result in environmental impacts no more significant than those considered in the Medical Plaza and Revitalization EIRs. 2. Pursuant to Section 21090 of CEQA and Sections 15006, 15162, 15164 and 15168 of the CEQA Guidelines, the Project, as defined in the Addendum, is an action considered under the Medical Plaza and Revitalization EIRs, and there is substantial evidence that there are no new significant environmental impacts, there is no substantial increase in the severity of any previously identified impact and there are no new mitigation measures required so as to warrant a supplemental or subsequent EIR or negative declaration. 3. The City has independently reviewed and considered the Addendum for Diamond Bar Village prior to taking action on the proposed project. 4. The information and analysis contained in the Addendum for Diamond Bar Village reflects the City's independent judgment as to the environmental consequences of the proposed project. 5. Diamond Bar Village is subject to the Mitigation Monitoring and Reporting Plan (the "MMRP") identified in the Diamond Bar Village Initial Study, which MMRP refines certain mitigation measures adopted in the Medical Plaza and Revitalization EIRs and incorporates them as integral elements of the DBV project. 6. 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, Department of Community and Development Services, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 22nd DAY OF JUNE, 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:4 / Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed and adopted by the Planning Commission on the 22nd day of June, 2004 with the following vote: AYES: Commissioners: McManus, VC/Tanaka, Low, Tye, C/Nolan NOES: None. ABSENT: None. ATTEST James DeS efano, Secretary