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HomeMy WebLinkAboutPC 2011-05PLANNING COMMISSION RESOLUTION NO. 2011-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT THE 2008-2014 HOUSING ELEMENT UPDATE A. RECITALS On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future, and has been amended from time to time as necessary to reflect changed circumstances, laws or City policies. 2. State law requires all jurisdictions within the Southern California Association of Governments (SCAG) region to update the Housing Elements of their General Plans for the 2008-2014 planning period. 3. On May 27, 2008, and April 28, 2009, the Planning Commission held duly noticed public meetings to review issues to be addressed in the 2008- 2014 Housing Element update. 4. As required by state law, the Draft 2008-2014 Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review, and in its letter of January 18, 2011, HCD determined that the Draft Housing Element addresses the statutory requirements and will comply with state housing law when adopted. An Initial Study/Negative Declaration (IS/ND) was prepared for the proposed Housing Element update in accordance with the requirements of the California Environmental Quality Act (CEQA). The ISIND concluded that the proposed Housing Element update will not have a significant effect on the environment. The public review period for the ISIND commenced on February 18, 2011, and concluded on March 22, 2011, and was duly advertised in conjunction with the public hearing notification. 6. Pursuant to Fish and Game Code Section 711.4(c), the Draft Initial Study/Negative Declaration for the proposed Housing Element update was transmitted to the California Department of Fish and Game (DFG) for review. On March 14, 2011, DFG issued a determination that the Housing Element update has no potential effect on fish, wildlife or habitat. Housing Element 2008-2014 1 7. On March 22, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider General Plan Amendment No. PL2011-043, draft 2008-2014 Housing Element and the related Initial Study/Negative Declaration. 8. The 1995 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 9. Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on February 18, 2011, in a legal advertisement. Also, three other public places were posted. 10. All legal prerequisites to the adoption of this resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby 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 that the Initial Study/Negative Declaration (IS/ND) prepared for the proposed 2008-2014 Housing Element adequately addresses the requirements of CEQA, and hereby recommends its adoption by the City Council. The IS/ND reflects the independent judgment of the Planning Commission. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth herein, there is no evidence before this Planning Commission that the General Plan Amendment No. PL2011-043 will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that General Plan Amendment No. PL2011-043 for the 2008-2014 Housing Element, attached hereto as Exhibit "A" and incorporated by reference into this Resolution, implements the goals of the City and satisfies all of the requirements of state law. Housing Element 2008-2014 2 5. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment No. PL2011-043 for the City of Diamond Bar, attached hereto as Exhibit "A" and incorporated herein by reference. 6. The Planning Commission finds and determines that General Plan Amendment No. PL2011-043 is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar General Plan. The Secretary of the Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF MARCH, 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Planning Co mission Chairman I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 22"d day of March, 2011, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS ABSTAINED: COMMISSIONERS: Nelson, Torng, VC/Lee, Chair/Shah Lin None None ATTEST: Greg Gu man, Secretary Housing Element 2008-2014 3 PLANNING COMMISSION RESOLUTION NO. 2011-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT THE 2008-2014 HOUSING ELEMENT UPDATE A. RECITALS 1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future, and has been amended from time to time as necessary to reflect changed circumstances, laws or City policies. 2. State law requires all jurisdictions within the Southern California Association of Governments (SCAG) region to update the Housing Elements of their General Plans for the 2008-2014 planning period. 3. On May 27, 2008, and April 28, 2009, the Planning Commission held duly noticed public meetings to review issues to be addressed in the 2008- 2014 Housing Element update. 4. As required by state law, the Draft 2008-2014 Housing Element was submitted to the California Department of Housing and Community Development (HOD) for review, and in its letter of January 18, 2011, HOD determined that the Draft Housing Element addresses the statutory requirements and will comply with state housing law when adopted. 5. An Initial Study/Negative Declaration (IS/ND) was prepared for the proposed Housing Element update in accordance with the requirements of the California Environmental Quality Act (CEQA). The IS/ND concluded that the proposed Housing Element update will not have a significant effect on the environment. The public review period for the IS/ND commenced on February 18, 2011, and concluded on March 22, 2011, and was duly advertised in conjunction with the public hearing notification. 6. Pursuant to Fish and Game Code Section 711.4(c), the Draft Initial Study/Negative Declaration for the proposed Housing Element update was transmitted to the California Department of Fish and Game (DFG) for review. On March 14, 2011, DFG issued a determination that the Housing Element update has no potential effect on fish, wildlife or habitat. Housing Element 2008-2014 1 7 On March 22, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider General Plan Amendment No. PL2011-043, draft 2008-2014 Housing Element and the related Initial Study/Negative Declaration. 8. The 1995 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 9. Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on February 18, 2011, in a legal advertisement. Also, three other public places were posted. 10. All legal prerequisites to the adoption of this resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Diamond Bar, as follows: 1. 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 that the Initial Study/Negative Declaration (IS/ND) prepared for the proposed 2008-2014 Housing Element adequately addresses the requirements of CEQA, and hereby recommends its adoption by the City Council. The IS/ND reflects the independent judgment of the Planning Commission. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth herein, there is no evidence before this Planning Commission that the General Plan Amendment No. PL2011-043 will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that General Plan Amendment No. PL2011-043 for the 2008-2014 Housing Element, attached hereto as Exhibit "A" and incorporated by reference into this Resolution, implements the goals of the City and satisfies all of the requirements of state law. Housing Element 2008-2014 2 5. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment No. PL2011-043 for the City of Diamond Bar, attached hereto as Exhibit "A" and incorporated herein by reference. 6. The Planning Commission finds and determines that General Plan Amendment No. PL2011-043 is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar General Plan. The Secretary of the Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF MARCH, 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Planning Co mission Chairman I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 22nd day of March, 2011, by the following vote: AYES: COMMISSIONERS: Nelson, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: Lin ABSENT: COMMISSIONERS: None ABSTAINED: COMMISSIONERS: None ATTEST: Greg Gu man, Secretary Housing Element 2008-2014