HomeMy WebLinkAboutORD 09 (2005)ORDINANCE NO. 09 (2005)
AN ORDINANCE OF THE CITY OF
APPROVING AMENDMENT NO. 1 TO
AGREEMENT NO. 2 04-01 BETWEEN
LEWIS-DIAMOND BAR, LLC FOR THE
VILLAGE PROJECT
THE CITY COUNCIL OF THE
FOLLOWS:
Section 1. The City of Dian
amend a development agreement ap
Code Sections 65864 through 65860
Bar Municipal Code with respect to
Diamond Bar Boulevard and Grand /
subject to the amendment are m,
Numbers: 8293-045-004, 8293-045-C
Avenue, Upland, CA 91785 and Ass
007, 8293-045-008 and 8293-045-C
Springs Drive, Diamond Bar, CA 9171
Section 2. The Planning C
proposed Amendment No. 1 to the c
Section 22.62.030(a) on June 28, 2(
25 which recommends City Council
properly noticed public hearing rega
agreement pursuant to Section 22.
evidence was presented both to the
Section 3. Based upon subsl
including, without limitation, the wri
decision of the Planning Commissior
amendment to the development agrE
City of Diamond Bar and with the Die
further finds that the proposed ame
with the zoning, subdivision, and othe
Section 4. The proposed
consistent with the public convenien
making it in the public interest to
agreement with the applicant. The
orderly and comprehensive develop
location in the City. The amendmer
project can be developed over time
provide substantial public benefits as
DIAMOND BAR
DEVELOPMENT
THE CITY AND
DIAMOND BAR
OF DIAMOND BAR HEREBY ORDAINS AS
and Bar and Lewis -Diamond Bar, LLC, desire to
proved on June 29, 2004 pursuant to Government
5, and Chapter 22.62 of Title 22 of the Diamond
real property located at the southeast corner of
venue in the City of Diamond Bar. The properties
re particularly described as Assessor's Parcel
)5 - Lewis - Diamond Bar, LLC, 1156 N. Mountain
ssor's Parcel Numbers 8293-045-006, 8293-045-
)9 - Hidden Manna Corporation, 22324 Golden
emission conducted a public hearing to consider
,elopment agreement pursuant to Municipal Code
The Commission adopted Resolution No. 2005-
Droval of the amendment. The City Council held a
ng the proposed amendment to the development
.030(b) on July 5, 2005. Both oral and written
rmmission and the Council.
ntial evidence in the record of the proceeding
en and oral staff reports, and the record and
the City Council hereby finds that the proposed
>ment is consistent with the General Plan of the
fond Bar Village Specific Plan. The City Council
dment to the development agreement complies
applicable ordinances and regulations.
amendment to the development agreement is
;e, general welfare, and good land use practice,
enter into the amendment to the development
amendment to the agreement provides for the
nent of a land area in a visible and important
to the development agreement ensures that the
in its approved form, and that the applicant will
a part of the development.
Section 5. The City Council further finds that:
(a) The amendment to the development agreement will not adversely affect
the health, peace, comfori or welfare of persons residing or working in the
surrounding area, since tie project is in keeping with the character and
general development pattern of the existing area;
(b) The amendment to the Jevelopment agreement will not be materially
detrimental to the use, enjoyment or valuation of property of other persons
located in the vicinity of the site, since the development agreement
ensures that public improvements, additional infrastructure and other
public benefits will be pro ided as the project is constructed; or
(c) The amendment to the
development agreement will not jeopardize,
endanger or otherwise constitute
a menace to the public health, safety or
general welfare, since th
amended agreement will result in public safety
improvements such traffic
improvements and ample parking. Further, the
project is conditioned to comply
with applicable fire, building and life safety
codes and regulations.
(d) The amendment to the
Development Agreement would be in the best
interests of the City. The
amendment to the Development Agreement No.
2004-01 implements the
proposed Diamond Bar Village project and will
provide certainty to the
City and the Applicant regarding the project
development time table
impact fees, applicable ordinances, overall
development standards and
similar matters. The approved Diamond Bar
Village project will transform
an underutilized and graded site into a
functional and attractive
development that will contribute to the City's tax
base. Because of this, the
amendment to the Agreement is in the best
interests of the City and its
residents.
(e) The amendment to the
development Agreement is consistent with the
General Plan, Development
Agreement No, 2004-01, any applicable
Specific Plan and the Development
Code. Diamond Bar Village, the
subject of Development
Agreement No. 2004-01, is consistent with the
General Plan and is the subject
of an appropriate Specific Plan and meets
all applicable standards
of the Development Code. The administrative
record and findings of thi
Resolution demonstrate conformance with City
requirements.
2
(f) The Amendment
public interest and welf
Village is a mixed-use dE
the City's tax base. It
residential area and limi
area adjacent to a mail
Agreement No. 2004-C
promotes the public inter
Section 6. The proposed dev,
terms, conditions, restrictions and n
Bar Municipal Code. The propos+
additional terms consistent with Dig
such as construction schedules, cc
contribution of a developer fee to the
Section 7. In June 2004 the Ci
Plaza and Economic Revitalization Ar(
Bar Village Project. The Addendum c
the Diamond Bar Village project, the
Plan and related project applications
Development Agreement does not
properties. The Amendment does not
The proposed amendment does not rs
environmental review is warranted or r
the Development Agreement would promote the
of the City. As stated above, Diamond Bar
4opment that preserves open space and expands
Mains a residential use adjacent to an existing
the commercial -retail and institutional use to an
intersection. The Amendment to Development
implements this development plan and thus
t and welfare.
)pment agreement amendment complies with the
uirements of Section 22.62.040 of the Diamond
development agreement amendment includes
fond Bar Municipal Code Section 22.62.040(b),
imercial anchor security requirements, and the
ity.
y Council approved an Addendum to the Medical
a Environmental Impact Reports for the Diamond
>nsidered the potential environmental impacts of
)evelopment Agreement, Zone Change, Specific
Amendment No. 1 to the previously approved
change any contemplated land uses for the
result in any physical changes to the project site.
3ult in any new environmental impacts. No further
ecessary.
Section 8. Based upon the foregoing, the City Council hereby approves
Amendment No. 1 to Development Agreement No. 2004-01 attached hereto as Exhibit
"A" and authorizes the Mayor to execute said development agreement amendment on
behalf of the City.
Section 9. The time within which to any legal challenge to the subject
development agreement must be br ught is governed by Government Code Section
65009.
PASSED, APPROVED ANDA OPTED THIS 19tiDAY OFJu1y 2005, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
BY:
Wen Chang, Mayor
3
I, Linda C. Lowry, City Clerk of the City
foregoing Ordinance was introduced at
of Diamond Bar held on the 5tWay of
meeting of the City Council of the City c
,�„ e �E , 2005 by the following vote:
Diamond Bar do hereby certify that the
regular meeting of the City Council of the City
Ute, 2005 and was finally passed at a regular
Diamond Bar held on the 19th day of
AYES: Council Members: I Tanaka r Zirbes , MPT/o ' Conno , M/Chang
NOES: Council Members: I one
ABSENT: Council Members: jrerrera
ABSTAIN: Council Members: None
® A
f
rk, City o Diamc�c�
Recorded at request of
Clerk, City Council
City of Diamond Bar
When recorded return to
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attention: City Clerk
DIAMOND BAR VILLAGE
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2004-01
between
CITY ODIAMOND BAR
a California unicipal corporation
and
LEWIS-DI OND BAR, LLC,
a Delaware Iii ited liability company
("Developer")
AMENDMENT NO. 1 TO
("A
This Amendment is dated this 19th c
certain Development Agreement effective E
between the City of Diamond Bar (hereinafi
limited liability company (hereinafter "D
meanings given those terms in the Develor
WHEREAS, DEVELOPER has reqs
the CITY has conducted all proceedings
accordance with the DA Laws and all other
PMENT AGREEMENT
of July, 2005 for reference purposes and amends that
;ust 7, 2004, (the "Development Agreement") by and
"CITY"), and Lewis -Diamond Bar, LLC, a Delaware
'ELOPER"). All capitalized terms shall have the
:nt Agreement unless otherwise defined herein.
CITY to amend the Development Agreement and
red to amend the Development Agreement in
and regulations of CITY; and
WHEREAS, the terms and condition of this Amendment have undergone review by CITY
and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, all actions taken and approvals given by CITY for this Amendment have been
duly taken and approved in accordance with all applicable legal requirements for notice, public
hearings, findings, votes, and other procedural matters.
NOW, THEREFORE, in consideration of the above recitals and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree to amend the
Development Agreement as follows:
Section 4.2.1, City Traffic Fee, and Schedule 3, are amended as follows: DEVELOPER and
CITY agree that the "fair share" cost of the traffic improvements allocable to the Property
and Annexable Property as set forth on Schedule 3 and the timing for payment are:
$233,604.50 Residential -- prior to the issuance of the first
certificate of occupancy
$964,323.50 Commercial -- prior to the issuance of the certificate
of occupancy for the Commercial Anchor
2. Section 4.4.1, Residential Fees, is deleted and the following inserted in place thereof:
4.4.1 Residential Fees. D VELOPER agrees to pay to the CITY development
agreement fees in the total ount of $2,000,000 at the issuance of certificates of
occupancy for each DU in th Project as follows:
$10,000 per DU for the first 0 DU's = $600,000
$11,000 per DU for the second 60 DU's = $660,000
$12,333 per DU for the final 00 DU's = $740,000
If less than one hundred eighty (1
equal to the difference between $2,
of the date the final certificate of o
concurrent with City's issuance of i
Residential Fees for any purpose
applicable laws.
DU's are developed by DEVELOPER, the amount
,000 and the total amount of Residential pees paid as
pancy is issued by City for the Project, shall be paid
final certificate of occupancy. The City may use the
pitted by the City's Municipal Code and any other
3. Section 4.5, Commercial Fee, is am nded by extending the dates (i) for commencement of
construction of the Commercial Anchor from June 1, 2005 to September 1, 2005, and (ii) for
opening of the Commercial Anchor to the general public from April 2006 to October 2006.
City agrees to cooperate with DEVELOPER, at no cost to City, to amend the Letter of Credit
as necessary to provide for these extensions.
4. CITY acknowledges and agrees th
Agreement and consistent with the
("Target") filed its applications for
Review No. 2005-16 (collectively
approved by the CITY by Planning (
(the "Target Resolution"). CITY fur
processing (i) a Boundary Line Adj u
create the final boundaries of the E
Development Agreement) and of the
under Section 4.5.1 of the Developr.
(2) retail pads fronting Golden Spri:
Component to be developed by Tai
Target Development Application (t
Exactions or Development Impact F
Development Agreement shall be irr.
CITY acknowledges that this coven
the acquisition and development of
I in furtherance of Section 4.5 of the Development
)evelopment Plan for the Project, Target Corporation
onditional Use Permit No. 2005-03 and Development
the "Target Development Application") which was
ommission Resolution No. 2005-18 on April 26, 2005
zer acknowledges that Target and DEVELOPER will be
.tment in the form of Exhibit "A" to this Amendment to
nnexable Property (as set forth in Exhibit "B" of the
commercial Component within the Annexable Property
ent Agreement, and (ii) a parcel map to create the two
gs Drive and the remainder parcel of the Commercial
;et as the Commercial Anchor all as identified in the
.e "Parcel Map"). CITY agrees that no Development
es other than those set forth in the Target Resolution or
)osed by CITY as conditions on the BLA or Parcel Map.
nt is material to the decision of Target to proceed with
he Annexable Property and Commercial Component.
Except as amended above, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the partie hereto have executed this Agreement on the day and
year set forth below.
"DEVELOPER"
LEWIS-DIAMOND BAR, LLC
a Delaware limited liability company
By: L WIS INVESTMENT COMPANY, LLC,
a alifornia limited liability company
Its Managing Member
Dated: July 22 2005 By LEWIS OPERATING CORP.,
a California corporation – sole manager
By: %�L—
Name: John M. Goodman
Title: Sr. VP/CEO/CFO
"CITY"
CITY Of DIAMOND BAR
Dated:—y By:
NameF wen C
Exhibit A – Boundary Line Adjustment
STATE OF CALIFORNIA
COUNTY OF SRI 6e ,'IW
On a0ia-5' before me, rDMA
county and state, personally appeared _I
personally known to me . a *^ I+@
whose name is subscribed to the within ins
same in his authorized capacity, and that by
upon behalf of which the person acted, exe,
WITNESS my hand and official seal.
Signature
11
STATE OF CALIFORNIA
COUNTY OF
OnJU —2 a before me,J�
county and state, personally appeared
personally known to me (or proved to me
whose name is subscribed to the within im
same in his authorized capacity, and that by
upon behalf of which the person acted, exe
WITNESS my hand and official seal.
Signature
ss.
Joyn,'se.�! ,a Notary Public in and for said
9Aj
to be the person
hent and acknowledged to me that he executed the
signature on the instrument the person, or the entity
d the instrument.
EDNA A. JOHN50N
Cornrnh won # 1419483
-s Notary Pubic - cafitomla
Son Bernmdino county -
- My COMM. Expires Jun 4, 2007
ss.
a Notary Public in and for said
the basiYof satisfactory evidence) to be the person
ment and acknowledged to me that he executed the
signature on the instrument the person, or the entity
,d the instrument.
TOMMYE ANNE CRIMNS
Cor MUM 01411077
Notary Mft - Camomlo
Loa Anvs ft County
My Comm. Expires Apr 2G, 2007
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BOUNDARY LINE ADJUSTMENT
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PFEILER
L.S. 5959
LEGEND
f � CAUFO
x ----x LOT LINE TO BE REMOVED
PROPOSED LOT LINE
---- FUTURE INGRESS/EGRESS EASEMENT MARK P. PF —Cl L.S. 5959
-- -- LOT UNE TO REMAIN DATE
— — PARCEL 3 — NOT A PART EXPIRES 12-31-06
—
"THIS PLAT IS NOT A EGAL DESCRIPTION AND SHOULD ONLY BE USED
SEE SHEET 2 FOR LINE AND CURVE DATA AS AID IN UNDER DING THE ACCOMPANYING LEGAL DESCRIPTION` SHEET 1 OF 2
PFInER & ASS0C7ATO ENG RS INC. PLAT FOR
LOT LINE ADJUSTMENT
CIVIL ENGINEERING & 1AM G
660 N. Diamond Bar Blvd. Suite 100, Diamond ar, Ca 91765
Telephone (909) 860-5850 Fax (909) 860-3967 DIAMOND BAR, CALIFORNIA.
)F created with pdfFactory trial version www.pd actory.com
NUMBER I DIRECTION
DISTANCE
Ll
N 31'42'09' E
43.4193'
L2
S 0759'27' E
87.0231-
L3
S 5757'49` W
78.4765'
L4
N 1759'21' W
181.50B9'
15
N 31'24'09' E
45.9998'
L6
S 80'47'33' W
184.0619'
L7
N 24'07'15' E
37.6277'
L8
N 20'17'20' W
123.5419'
L9
N 70'45'39' E
127.1746'
L10
N 3549'16' W
288.2138'
L11
S 35'30'06' W
100.2015'
L12
S 7,737'40' E
82.0481'
L13
N 01'39'3D' E
100.7764'
L14
N 2754'12" E
85.6182'
L15
N 6706'43' W
239.9740'
L16
S 44'40'45" E
70.D595'
L17
S 73'20'38' W
1OD.0189'
L18
N 4533'OD' E
130.0283'
L19
S 6(721'16' E
99.9948'
L20
N 1747'20' W
103.0101'
L21
N 29'50' 11 ' E
70.0148'
L22
S 88'35'28' W
20D.03D7'
L23
N 62'20'43' W
118.0070'
L24
S 3528'D8' W
210.0450'
L25
N 7744'38" W
63.0071-
L26
N 2700'42" W
128.0007'
L27
N 12'41'37' E
43.5218'
L28
N 8750'36' W
85.171O'
L29
N 59'39'OD' E
87.0582'
L30
N 35! 10' 44' W
188.8919'
L31
N 09'59'35" E
139.9446'
L32
S 7959'23' E
34.9958'
L33
S 34'20'53' W
67.9854'
L34
S 52'38'23' E
17.4563'
L35
S 86'03'54' E
72,5401-
L35
N 7728'22' E
111.2616'
L37
S 6756'08' W
58.5441'
L38
N 36'19'42' E
151.0308'
L39
N 4731'29' E
144.7476'
1-40
N 34733'17" E
196.2372'
L41
N 21'37'22" W
60.9813'
L42
N 68'22'38" E
42.2921'
L43
S 4552'46' W
56.5068'
L44
N 3358'21' E
117.6295
L45
N 4921'34' W
88.1952'
L46
S 41'38'26' W
18.2168'
L47
N 49'58'09' E
124.5644'
L48
S 3901'01' W
22.7590'
L49
S 51'58'59' E
7.0000'
L50
S 14'09'38' W
155.8604'
L51
S 7646',39' E
80.7289'
L52
N 61'22'43' W
140.0078'
L53
S 83'59'31' W
163.7571'
L54
N 2733'23' W
381.0506'
L55
N 23'48'25' E
82.7379'
L56
S 24'01'30' W
11.0000'
L57
S 6556'30' E
44.8162'
L58
S 45.59'46' E
68.1146'
L59
N 01'53'38" W
108.5697'
L60
N 24701'30' E
31.0000'
L61
S 65'58'30' E
2.2687'
L62
N 2401'30' E
42.0000'
L63
N 3755'03' W
54.0000'
L64
IS 51'58'59' E
1.32.0000'
L65
is 38'01'01" W
101853'
L66
IS 51'58'59' E
131.0000'
SEE SHEETS 2-4 FOR LINE AND CURVE DATA
LLA
NUMBER DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
C1
2654'26"
289.5600
146.0911
74.6355
C2
53'39'54"
26.0000
24.3525
13.1521
C3
29'23'29"
431.0000
221.0928
113.0361
C4
88'47'22"
27.0000
41.8411
26.4355
C5
05'09'41"
3050.0000
274.7501
137.4680
C6
33'35'12"
1190.0000
697.5755
359.1311
C7
19'34'09"
100.0000
34.1545
17.2452
C8
19'34'09"
177.0000
6D.4535
30.5240
C9
90'13'05"
23.0000
36.2158
23.0877
C10
19'58'44"
293.0000
1 D2.1686
51.6083
C11
44'06'08"
95.0000
73.1242
38.41311
C12
98'50'46"
289.5600
499.5463
338.111 D
C13
93'28'25'
23.0000
37.5227
24.4384
C15
10'013b6'
1095.8100
193.8467
197.1769
C16
22'21'53"
123.D000
48.0115
24.3152
C17
1733'40"
147.0000
45.0551
22.7056
C18
13'12'53"
1079.8100
249.D463
125.0781
C19
89'49'00"
23.0000
36.0547
22.9265
C20
0727'34"
3067.0000
131.6468
65.8335
C21
89'04'22"
23.0000
35.7561
22.63DB
C22
89'04'22'
23.0000
35.7561
22.6308
C23
01'54'22"
13067.0000
1102.0362
51.0228
C24
12'54'50"
12417.0000
1544.773D
273.5455
C25
91'40'54"
123.0000
136.8034
23.6852
MARK P. PFEI ER L.S. 5959
EXPIRES 12431 -06
PFEII.ER & ASSOCIATES EIS
CIVIL. ENGiNESRING & LAND
INC.
660 N. Diamond Bar Blvd. Suite 100, Diamond ar, Ca 91765
Telephone (909) 850-5850 Fax (909) 860-3967
PTDF created with pdfFactory trial version
MARK
P.
PFEILER
L.S. 5959
f �
DATE rvy"
SHEET 2 OF 2
PLAT FOR
LOT LINE ADJUSTMENT
11A ----
DIAMOND BAR, CALIFORNIA.