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HomeMy WebLinkAboutPC 2006-53PLANNING COMMISSION RESOLUTION NO. 2006-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2005-01 AND ZONE CHANGE NO. 2006-03 FOR PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765- 005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901) A. RECITALS The applicant, South Pointe West, LLC, has filed an application for General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road, and identified as Assessors Parcel Numbers 8765-005-01, 8765- 005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763- 026-907, and 8763-026-901. 2. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". In accordance to CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of General Plan Amendment 2005-01 and Zone Change 2006-03 and must be certified by the City Council before project approval. 3. In accordance to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution. 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site. Planning Commission Resolution No. 2006-53 5. The applicant has specifically requested the City to approve the following (a) General Plan Amendment No. 2005-01 to, 1) revise the Land Use Element to remove a deed restriction to allow for the construction of 99 residential units, and 2) revise the General Plan land use map to change the land use designation for area of the site not already designated as such to PA-4/Specific Plan; (b) Zone Changland usedesignation Os change the for the project siteo Specific Plan; 6. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 7. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 8. The Community Development Department has determined that the proposed General Plan Amendment and Zone Change represents a consistent, logical appropriate furthers iand he rational and duse objectives designation ofthe C ty implementing tool that General Plan. 9. 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 Division21825epartment of CopleyCDrive,unity DiamondeBarmCA Department, Planning 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 ebResolutionllarefinds true andall co�recte ffacts set forth in the Recitals, Part I of th 2. Based on the findings 9ds and recommends as follows: and conclusions set forth herein, the Planning Commission hereby 2 Planning Commission Resolution No. 2006-53 a. City Council approval of General Plan Amendment No. 2005-01 for South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Section 65358: The amendment to the General Plan is internally consistent with the adopted goals and policies of the City and is in the public interest. General Plan Amendment No. 2005-01 will permit residential, rather than open space, in an area adjacent to an existing residential development. The General Plan Amendment promotes preservation of environmental resources within proposed developments with clustering of the project to preserve open space. The General Plan also promotes the development of Larkstone Park on the property. The proposed General Plan Amendment is consistent with both of these goals in that it will allow clustering of the residential portions of the specific plan to areas of the site with the flattest slopes and retention of approximately 50% of the site with open space. The proposed amendment also includes designation of a portion of the site as park. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. The Planning Commission recommends that the existing approximate 34.5 -acre vacant site located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessor's Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, AND 8763-026-901) shall have a General Plan Land Use designation of Planning Area 4/Specific Plan/Low-Density Residential for Lots 1-8, Planning Area 4/Specific Plan/Open Space for Lots B -D, Planning Area 4/Specific Plan/Circulation for Lot G, and Planning Area 4/Specific Plan/Park for Lot A of Vesting Tentative Tract Map No. 63623. b. City Council approval of Zone Change No. 2006-03 for the South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Sections 65853 and 65860: The amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City. The Zoning Map does not presently reflect the General Plan designation for the Property, PA-4/SP (Planning Area-4/Specific Plan). Zone Change No. 2006-03 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 South Pointe West Specific Plan. The existing approximate 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea 3 Planning Commission Resolution No. 2006-53 Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-021 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026- 907, and 8763-026-901) shall have a zoning district designation of SP - Specific Plan. 3. The Planning Commission recommends that the General Plan Amendment and Zone Change Agreement s approved and i takeeffect until and unless the Development The Planning Commission shall: (1) Certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS O28THAY NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CI BY: ` Kwang Ho Lee, acting Chairman I, Nancy Fong, 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 28`h day of November 2006, by the following vote: AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners ATTEST: AC/Lee, Nolan, Wei None VC/Torn, Chair/Nelson None 4 Planning Commission Resolution No. 2006-53 P PLANNING COMMISSION RESOLUTION NO. 2006-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2005-01 AND ZONE CHANGE NO. 2006-03 FOR PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765- 005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901) A. RECITALS 1 The applicant, South Pointe West, LLC, has filed an application for General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road, and identified as Assessors Parcel Numbers 8765-005-01, 8765- 005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763- 026-907, and 8763-026-901. 2. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". In accordance to CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of General Plan Amendment 2005-01 and Zone Change 2006-03 and must be certified by the City Council before project approval. 3. In accordance to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site. Planning Commission Resolution No. 2006-53 5. The applicant has specifically requested the City to approve the following: (a) General Plan Amendment No. 2005-01 to, 1) revise the Land Use Element to remove a deed restriction to allow for the construction of 99 residential units, and 2) revise the General Plan land use map to change the land use designation for area of the site not already designated as such to PA-4/Specific Plan; (b) Zone Change No. 2006-03, revising the City's zoning map to change the land use designation for the project site to Specific Plan; 6. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 7. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 8. The Community Development Department has determined that the proposed General Plan Amendment and Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. 9. 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 Development Department, 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 as follows: 2 Planning Commission Resolution No. 2006-53 I a. City Council approval of General Plan Amendment No. 2005-01 for South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Section 65358: The amendment to the General Plan is internally consistent with the adopted goals and policies of the City and is in the public interest. General Plan Amendment No. 2005-01 will permit residential, rather than open space, in an area adjacent to an existing residential development. The General Plan Amendment promotes preservation of environmental resources within proposed developments with clustering of the project to preserve open space. The General Plan also promotes the development of Larkstone Park on the property. The proposed General Plan Amendment is consistent with both of these goals in that it will allow clustering of the residential portions of the specific plan to areas of the site with the flattest slopes and retention of approximately 50% of the site with open space. The proposed amendment also includes designation of a portion of the site as park. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. The Planning Commission recommends that the existing approximate 34.5 -acre vacant site located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessor's Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, AND 8763-026-901) shall have a General Plan Land Use designation of Planning Area 4/Specific Plan/Low-Density Residential for Lots 1-8, Planning Area 4/Specific Plan/Open Space for Lots B -D, Planning Area 4/Specific Plan/Circulation for Lot G, and Planning Area 4/Specific Plan/Park for Lot A of Vesting Tentative Tract Map No. 63623. b. City Council approval of Zone Change No. 2006-03 for the South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Sections 65853 and 65860: The amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City. The Zoning Map does not presently reflect the General Plan designation for the Property, PA-4/SP (Planning Area-4/Specific Plan). Zone Change No. 2006-03 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 South Pointe West Specific Plan. The existing approximate 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea 3 Planning Commission Resolution No. 2006-53 Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026- 907, and 8763-026-901) shall have a zoning district designation of SP - Specific Plan. 3. The Planning Commission recommends that the General Plan Amendment and Zone Change recommended herein does not take effect until and unless the Development Agreement is approved and in effect. The Planning Commission shall: (1) Certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Kwang Ho Lee, Acting Chairman I, Nancy Fong, 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 November 2006, by the following vote: AYES: Commissioners: AC/Lee, Nolan, Wei NOES: Commissioners: None ABSENT: Commissioners: VC/Torn, Chair/Nelson ABSTAIN: Commissioners: None ATTEST: 4 Planning Commission Resolution No. 2006-53