HomeMy WebLinkAboutPC 2006-54PLANNING COMMISSION
RESOLUTION NO. 2006- 54
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL
APPROVE DEVELOPMENT AGREEMENT NO. 2005-01 REGARDING
DEVELOPMENT OF 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 (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02,
8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-
026-9071 AND 8763-026-901) WITH 99 -UNIT SINGLE-FAMILY
RESIDENTIAL CONDOMINIUM PROJECT.
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for
Development Agreement 2005-01 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 (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
of Facts and Statement of Overriding Considerations". In accordance to
CEQA Guidelines Section 15090, the EIR is being reviewed concurrently
with the approval of Development Agreement 2005-01 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, "Findings of 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. 2006-54
5. The applicant has specifically requested the City to approve Development
Agreement 2005-01.
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
h
logical,
proposed Development Agreement represents a consistent,
appropriate and rational land use designation and an 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, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
B RESOLUTION
NOW, THEREFORE, it is found, Bar determined followand resolved by the Planning
Commission of the City of Diamond
1. This Planning CommissioRepolutionllareins tauethat andall co�recte facts set
forth in the Recitals, Part l of this
2. Based on the findings and conclusions set forth herein, the Planning
Commission hereby finds and recommends to the City Council approval
of Development Agreement No. 2005-01, with finalization and execution
by the City Manager, for South Point West based on the following
findings, as required by 22.62.030(e) of the Government Code Sectionipal 65864ode anet seq d in
conformance with California Govern
a. The Development Agreement would be in the best interest of the
City. Development Agreement No. 2005-01 implements the
proposed South Point West project and will provide significant
benefits of $2 million dollars and other impact fees certainty to the
City. The proposed South Point West project will also transform a
vacant site into a functional and attractive development that will
provide additional housing within the City. Consequently, the
Agreement is in the best interest of the City and its residents.
2 Planning Commission Resolution No. 2006-54
b. The Development Agreement is consistent with the General Plan,
any applicable Specific Plan and the Development Code. South Point
West, the subject of Development Agreement 2005-01, is consistent
with the General Plan (as amended), is the subject of an appropriate
Specific Plan and meets all applicable standards of the Development
Code. The administrative record and findings of this Resolution
demonstrate conformance with City requirements.
C. The Development Agreement would promote the public interest and
welfare of the City. As stated above, South Pointe West is a 99 -unit
residential and neighborhood park development that preserves open
space and provides additional housing and recreational opportunities
within the community. It retains a substantial portion of the site as
open space and limits development to the least environmentally
sensitive areas of the site. Development Agreement No. 2005-01
implements this development plan and thus promotes the public
interest and welfare.
d. The proposed 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.
3. The Planning Commission recommends to the City Council South Pointe
West Development Agreement 2005-01 attached hereto 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 by certified
mail to, South Pointe West, LLC, 2632 W. 237th Street, Suite 201,
Torrance, CA 90505.
APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
/Zvi L j—e
BY: i bb
Kwang Ho Lee, Acting Chairman
3
Planning Commission Resolution No. 2006-54
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
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners
ATTEST:
AC/Lee, Nolan, Wei
None
VC/Torng; Chair/Nelson
None
4 Planning Commission Resolution No. 2006-54
PLANNING COMMISSION
RESOLUTION NO. 2006- 54
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL
APPROVE DEVELOPMENT AGREEMENT NO. 2005-01 REGARDING
DEVELOPMENT OF 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 (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) WITH 99 -UNIT SINGLE-FAMILY
RESIDENTIAL CONDOMINIUM PROJECT.
A. RECITALS
The applicant, South Pointe West, LLC, has filed an application for
Development Agreement 2005-01 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 (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
of Facts and Statement of Overriding Considerations". In accordance to
CEQA Guidelines Section 15090, the EIR is being reviewed concurrently
with the approval of Development Agreement 2005-01 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, "Findings of 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. 2006-54
5. The applicant has specifically requested the City to approve Development
Agreement 2005-01.
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 Development Agreement represents a consistent, logical,
appropriate and rational land use designation and an 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, 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 to the City Council approval
of Development Agreement No. 2005-01, with finalization and execution
by the City Manager, for South Point West 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.:
a. The Development Agreement would be in the best interest of the
City. Development Agreement No. 2005-01 implements the
proposed South Point West project and will provide significant
benefits of $2 million dollars and other impact fees certainty to the
City. The proposed South Point West project will also transform a
vacant site into a functional and attractive development that will
provide additional housing within the City. Consequently, the
Agreement is in the best interest of the City and its residents.
2
Planning Commission Resolution No. 2006-54
b. The Development Agreement is consistent with the General Plan,
any applicable Specific Plan and the Development Code. South Point
West, the subject of Development Agreement 2005-01, is consistent
with the General Plan (as amended), is the subject of an appropriate
Specific Plan and meets all applicable standards of the Development
Code. The administrative record and findings of this Resolution
demonstrate conformance with City requirements.
c. The Development Agreement would promote the public interest and
welfare of the City. As stated above, South Pointe West is a 99 -unit
residential and neighborhood park development that preserves open
space and provides additional housing and recreational opportunities
within the community. It retains a substantial portion of the site as
open space and limits development to the least environmentally
sensitive areas of the site. Development Agreement No. 2005-01
implements this development plan and thus promotes the public
interest and welfare.
d. The proposed 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.
3. The Planning Commission recommends to the City Council South Pointe
West Development Agreement 2005-01 attached hereto and incorporated
herein by reference.
The Planning Commission shall:
(1)
(2)
Certify to the adoption of this Resolution; and
Forthwith transmit a certified copy of this Resolution by certified
mail to, South Pointe West, LLC, 2632 W. 237th Street, Suite 201,
Torrance, CA 90505.
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
3
Planning Commission Resolution No. 2006-54
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/Torng; Chair/Nelson
ABSTAIN: Commissioners: None
ATTEST:
4
Planning Commission Resolution No. 2006-54
