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HomeMy WebLinkAboutPC 2005-25PLANNING COMMISSION RESOLUTION NO. 2005- 25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2004-01 REGARDING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE COMPRISED OF APPROXIMATELY 70 ACRES AND IDENTIFIED AS ASSESSORS PARCEL NUMBERS - 8293- 045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293- 045-008 and 8293-045-009. A. RECITALS The applicant, Lewis -Diamond Bar, LLC (Lewis), acting as a property owner and as an agent for property owner Hidden Manna Corporation, has filed an application for an Amendment to Development Agreement No. 2004-01 regarding development of a site comprised of approximately 70 -acres generally located at the southeast corner of Grand Avenue and Golden Springs Drive and identified as Assessors Parcel Numbers - 8293-045-004, 8293-045-005, 8293-045-006, 8293- 045-007, 8293-045-008 and 8293-045-009 Hereinafter in this Resolution, the subject application shall be referred to as the "Application," and the proposed development as the "project." 2. The applicant has specifically requested the City to approve Amendments to Development Agreement No. 2004-01 concerning terms and conditions of the development of the residential and commercial components of the Diamond Bar Village on the Property. 3. On June 17, 2005, notification of the public hearing for this application was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, public hearing notices were mailed to approximately 552 property owners of record within a 700 - foot radius of the project. Furthermore, the project site was posted with a required display board and public notices were posted in three public places. 4. The Community and Development Services Department has determined that the proposed Amendment No. 1 to the Development Agreement represents a consistent, logical, appropriate and rational implementing tool that furthers the goals and objectives of the City General Plan and it is in the public interest. 5. On June 28, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a public hearing on the Application. 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends that the City Council approve Amendment No. 1 to Development Agreement No. 2004-01 as outlined within Exhibit "A" attached to this Resolution. 3. California Environmental Quality Act (CEQA): The Addendum for Diamond Bar Village, which is an addendum to the Medical Plaza and Revitalization EIRs, considers potential environmental impacts of Diamond Bar Village and the Specific Plan and meets all requirements for compliance with CEQA. 4. The Planning Commission does hereby recommend to the City Council approval of the proposed Amendment No. 1 to Development Agreement No. 2004-01, with finalization and execution by the City Manager, based on the following findings, as required by 22.62.030(e) of the Municipal Code and in conformance with California Government Code Section 65864 et seq.: K a. Amendment No. 1 to Development Agreement would be in the best interest of the City. b. Amendment No. 1 to Development Agreement No. 2004-01 implements the proposed Diamond Bar Village project and will provide certainty to the City and the Applicant regarding the development time table, impact fees, applicable ordinances, overall development standards and similar matters. Because of this, the Agreement is in the best interest of the City and its residents. C. The amendment to the Development Agreement is consistent with the General Plan, any applicable Specific Plan and the Development Code. The subject of the amendment to Development Agreement 2004-01 is consistent with the General Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. d. Amendment No. 1 to Development Agreement would promote the public interest and welfare of the City. Development Agreement No. 2004-01 implements this development plan and thus promotes the public interest and welfare. e. The proposed amendment to the Development Agreement, 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. 5. The Planning Commission does hereby recommend to the City Council that Amendment No. 1 to Development Agreement No. 2004-01 attached as Exhibit A and incorporated herein by reference. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. 3 APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, JamesStefano, Planning Commission Secretary, do hereby certify that the foregoing"Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of June 2005, by the following vote: AYES: Commissioners: Nolan, V/C Low, Tye, Chair McManus NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None 1 ., C; i ATTEST: es DeStejano-, Secretary 51 PLANNING COMMISSION RESOLUTION NO. 2005- 25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2004-01 REGARDING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE COMPRISED OF APPROXIMATELY 70 ACRES AND IDENTIFIED AS ASSESSORS PARCEL NUMBERS - 8293- 045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293- 045-008 and 8293-045-009. A. RECITALS 1 The applicant, Lewis -Diamond Bar, LLC (Lewis), acting as a property owner and as an agent for property owner Hidden Manna Corporation, has filed an application for an Amendment to Development Agreement No. 2004-01 regarding development of a site comprised of approximately 70 -acres generally located at the southeast corner of Grand Avenue and Golden Springs Drive and identified as Assessors Parcel Numbers - 8293-045-004, 8293-045-005, 8293-045-006, 8293- 045-007, 8293-045-008 and 8293-045-009 Hereinafter in this Resolution, the subject application shall be referred to as the "Application," and the proposed development as the "project." 2. The applicant has specifically requested the City to approve Amendments to Development Agreement No. 2004-01 concerning terms and conditions of the development of the residential and commercial components of the Diamond Bar Village on the Property. 3. On June 17, 2005, notification of the public hearing for this application was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, public hearing notices were mailed to approximately 552 property owners of record within a 700 - foot radius of the project. Furthermore, the project site was posted with a required display board and public notices were posted in three public places. 4. The Community and Development Services Department has determined that the proposed Amendment No. 1 to the Development Agreement represents a consistent, logical, appropriate and rational implementing tool that furthers the goals and objectives of the City General Plan and it is in the public interest. 5. On June 28, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a public hearing on the Application. 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends that the City Council approve Amendment No. 1 to Development Agreement No. 2004-01 as outlined within Exhibit "A" attached to this Resolution. 3. California Environmental Quality Act (CEQA): The Addendum for Diamond Bar Village, which is an addendum to the Medical Plaza and Revitalization EIRs, considers potential environmental impacts of Diamond Bar Village and the Specific Plan and meets all requirements for compliance with CEQA. The Planning Commission does hereby recommend to the City Council approval of the proposed Amendment No. 1 to Development Agreement No. 2004-01, with finalization and execution by the City Manager, based on the following findings, as required by 22.62.030(e) of the Municipal Code and in conformance with California Government Code Section 65864 et seq.: 2 a. Amendment No. 1 to Development Agreement would be in the best interest of the City. b. Amendment No. 1 to Development Agreement No. 2004-01 implements the proposed Diamond Bar Village project and will provide certainty to the City and the Applicant regarding the development time table, impact fees, applicable ordinances, overall development standards and similar matters. Because of this, the Agreement is in the best interest of the City and its residents. c. The amendment to the Development Agreement is consistent with the General Plan, any applicable Specific Plan and the Development Code. The subject of the amendment to Development Agreement 2004-01 is consistent with the General Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. d. Amendment No. 1 to Development Agreement would promote the public interest and welfare of the City. Development Agreement No. 2004-01 implements this development plan and thus promotes the public interest and welfare. e. The proposed amendment to the Development Agreement, 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. 5. The Planning Commission does hereby recommend to the City Council that Amendment No. 1 to Development Agreement No. 2004-01 attached as Exhibit A and incorporated herein by reference. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. 3 APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. "-1 ISI\ BY: VI—iVt —<J— I, James Stefano, Planning Commission Secretary, do hereby certify that the foregoing 'Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of June 2005, by the following vote: AYES: Commissioners: Nolan, V/C Low, Tye, Chair McManus NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None /1 ATTEST: es DeStejano, Secretary 4