HomeMy WebLinkAboutRE_ Action Item for City Council 2185 was Reviewed _ Diamond Bar General Plan Update and Climate Action Plan (4).msgKristina,
Dan has the doc open and is taking care of the edits. We’re good. Thanks for offering to help.
Greg Gubman, AICP | Community Development Director
City of Diamond Bar
909.839.7031
From: Kristina Santana <KSantana@DiamondBarCA.Gov>
Sent: Wednesday, December 11, 2019 1:43 PM
To: David A. DeBerry <ddeberry@wss-law.com>
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov>; Dan Fox <DFox@DiamondBarCA.Gov>
Subject: Re: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan
Hi Greg,
Do you want me to send the report back to you so that you could make the changes or do you want me to update with David’s suggestions and approve to Dan’s queue?
Thanks,
Kristina
On Dec 11, 2019, at 1:16 PM, David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> > wrote:
Dang, I was going to copy them into an e-mail and decided I didn’t need to. Below is my recreation.
Last sentence of last paragraph under Discussion and Analysis, add to the end, “and responses thereto set forth below.”
Modify second paragraph under Tres Hermanos Ranch to provide:
“While the Planning Commission did not directly recommend re-designation of the Tres Hermanos Ranch as Open Space as part of the General Plan Update, staff is recommending against doing
so as it would require further study as to its impacts to the conclusions set forth in the EIR, the Housing Element and other General Plan elements. This would significantly delay
the City Council’s consideration of and increase the cost of the General Plan Update. Additionally, as the City Council is fully aware, it authorized the City to initiate litigation
in 2017 to prevent the proposed development of the 2,445-acre Tres Hermanos Ranch with a large privately operated solar farm. The litigation was successful and resulted in a settlement
which created a re-constituted Tres Hermanos Conservation Authority (THAC), whose members are the cities of Chino Hills, Diamond Bar and Industry. As set forth in the joint powers
agreement creating the THAC, its purpose is to coordinate the overall conservation, use and potential improvement of the Tres Hermanos Ranch through collaboration by the cities. In
addition, the purported developer of the solar farm has filed litigation in an effort to overturn the transfer of the Tres Hermanos Ranch to the THAC, which litigation is being vigorously
defended, but remains pending. Should the City Council desire to consider such a re-designation, the City would want to collaborate with its THAC partners consistent with the joint
powers agreement and discuss the impacts of the pending litigation with legal counsel on any such re-designation.”
Par. 8 under benefits, insert the words “that would” before “enable” in the last sentence.
<logo_24a83e77-8c70-415f-9dcc-6892f2286ea0.JPG>
David A. DeBerry
Attorney at Law
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92626
714-415-1088 • Fax: 714-415-1188
ddeberry@wss-law.com <mailto:ddeberry@wss-law.com>
www.wss-law.com <http://www.wss-law.com>
CONFIDENTIALITY NOTICE – This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that
any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission
in error, please immediately notify the sender by telephone at 714-415-1088 or return e-mail and delete the original transmission and its attachments without reading or saving in any
manner. Thank you.
From: Greg Gubman [mailto:GGubman@DiamondBarCA.Gov]
Sent: Wednesday, December 11, 2019 12:41 PM
To: David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> >
Cc: Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> >
Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan
David,
Are you able to separately send your comments via direct email? I have not been able to locate the full text in Accela.
Greg Gubman, AICP | Community Development Director
City of Diamond Bar
909.839.7031
From: David A. DeBerry <NoReply@IQM2.com <mailto:NoReply@IQM2.com> >
Sent: Wednesday, December 11, 2019 10:28 AM
To: Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> >
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >
Subject: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan
Stage #3 of this Action Item for City Council has been Reviewed by David A. DeBerry and now needs to be reviewed by: Kristina Santana. Comment: I?ve approved, but suggest the following
changes: Under Discussion and Analysis Rather than a generic statement, I suggest revising the first sentence to read, ?This section ? discusses the findings that the City Council must
make prior to approving the General Plan Update given the EIR?s conclusion that it will result in some significant, unavoidable environmental impacts as further discussed below.? In
the second sentence, I suggest adding the words, ?and are discussed below? at the end. Under Tres Hermanos Ranch Please replace the second paragraph with the following: ?While the Planning
Commission did not directly recommend considering re-designating the Tres Hermanos Ranch as Open Space as part of the General Plan Update, staff recommends that the City Council not
consider such a re-designation at this time. An Open Space designation was not studied as part of the EIR?s review of the General Plan Update and would have potential impacts on the
EIR?s conclusion, the City?s Housing Element and possibly other General Plan elements, which impacts would need further study and cause significant delay to consideration of the General
Plan Update itself. As the City Council is well aware, the City Council authorized litigation in 2017 to stop the development of a large solar farm on Tres Hermanos. The result of the
litigation was a 2019 settlement between the cities of Industry, Chino Hills and Diamond Bar which resulted in the transfer of the 2,445-acre Tres Hermanos Ranch (695 acres in Diamond
Bar and 1,750 acres in Chino Hills) to a re-constituted Tres Hermanos Conservation Authority (THAC). Diamond Bar is a member of the THAC along with the cities of Chino Hills and Industry.
The stated purpose of the THAC is to coordinate the overall conservation, use and potential improvement of Tres Hermanos through collaboration by the member cities. The transfer has
been challenged in court by the purported developer of the large solar farm and currently Click here to Review online <https://DiamondBarCA.iqm2.com/Agency/LegiFile.aspx?ID=2185>
Diamond Bar General Plan 2040 and Climate Action Plan. <https://DiamondBarCA.iqm2.com/Agency/LegiFile.aspx?ID=2185>
ATTACHMENTS
* Resolution No. 2019-XX, Certifying the Final EIR, Adopting Findings of Fact/Statement of Overriding Considerations, and Approving the MMRP for the DB General Plan Update & Climate
Action Plan <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3274&IsMinuteTraqRequest=True>
* Resolution No. 2019-XX, Approving the Diamond Bar General Plan 2040 <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3275&IsMinuteTraqRequest=True>
* Resolution No. 2019-XX, Approving the Diamond Bar Climate Action Plan 2040 <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3276&IsMinuteTraqRequest=True>
* Planning Commission Reso 2019-16 - EIR Certification <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3280&IsMinuteTraqRequest=True>
* Planning Commission Reso 2019-17 -General Plan Update <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3281&IsMinuteTraqRequest=True>
* Planning Commission Reso 2019-18 - Climate Action Plan <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3282&IsMinuteTraqRequest=True>
* Planning Commission 12/4/19 Staff Report (excluding attachments) <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3287&IsMinuteTraqRequest=True>
* Diamond Bar General Plan 2040 Public Hearing Draft <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3288&IsMinuteTraqRequest=True>
* Diamond Bar Climate Action Plan 2040 Public Hearing Draft <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3289&IsMinuteTraqRequest=True>
* Final EIR <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3290&IsMinuteTraqRequest=True>
* Comments submitted for 12/4/19 Planning Commission meeting <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3293&IsMinuteTraqRequest=True>
INFORMATION
Department:
Community Development
Category:
Public Hearing
Meeting:
Dec 17, 2019 6:30 PM - City Council
v>
Sent: Wednesday, December 11, 2019 1:43 PM
To: David A. DeBerry <ddeberry@wss-law.com>
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov>; Dan Fox <DFox@DiamondBarCA.Gov>
Subject: Re: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan
Hi Greg,
Do you want me to send the report back to you so that you could make the changes or do you want me to update with David’s suggestions and approve to Dan’s queue?
Thanks,
Kristina
On Dec 11, 2019, at 1:16 PM, David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> > wrote:
Dang, I was going to copy them into an e-mail and decided I didn’t need to. Below is my recreation.
Last sentence of last paragraph under Discussion and Analysis, add to the end, “and responses thereto set forth below.”
Modify second paragraph under Tres Hermanos Ranch to provide:
“While the Planning Commission did not directly recommend re-designation of the Tres Hermanos Ranch as Open Space as part of the General Plan Update, staff is recommending against doing
so as it would require further study as to its impacts to the conclusions set forth in the EIR, the Housing Element and other General Plan elements. This would significantly delay
the City Council’s consideration of and increase the cost of the General Plan Update. Additionally, as the City Council is fully aware, it authorized the City to initiate litigation
in 2017 to prevent the proposed development of the 2,445-acre Tres Hermanos Ranch with a large privately operated solar farm. The litigation was successful and resulted in a settlement
which created a re-constituted Tres Hermanos Conservation Authority (THAC), whose members are the cities of Chino Hills, Diamond Bar and Industry. As set forth in the joint powers
agreement creating the THAC, its purpose is to coordinate the overall conservation, use and potential improvement of the Tres Hermanos Ranch through collaboration by the cities. In
addition, the purported developer of the solar farm has filed litigation in an effort to overturn the transfer of the Tres Hermanos Ranch to the THAC, which litigation is being vigorously
defended, but remains pending. Should the City Council desire to consider such a re-designation, the City would want to collaborate with its THAC partners consistent with the joint
powers agreement and discuss the impacts of the pending litigation with legal counsel on any such re-designation.”
Par. 8 under benefits, insert the words “that would” before “enable” in the last sentence.
<logo_24a83e77-8c70-415f-9dcc-6892f2286ea0.JPG>
David A. DeBerry
Attorney at Law
555 Anton Boulevard, Suite 1200
Costa Mesa, California 92626
714-415-1088 • Fax: 714-415-1188
ddeberry@wss-law.com <mailto:ddeberry@wss-law.com>
www.wss-law.com <http://www.wss-law.com>
CONFIDENTIALITY NOTICE – This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged.
If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that
any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission
in error, please immediately notify the sender by telephone at 714-415-1088 or return e-mail and delete the original transmission and its attachments without reading or saving in any
manner. Thank you.
From: Greg Gubman [mailto:GGubman@DiamondBarCA.Gov]
Sent: Wednesday, December 11, 2019 12:41 PM
To: David A. DeBerry <ddeberry@wss-law.com <mailto:ddeberry@wss-law.com> >; Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> >
Cc: Dan Fox <DFox@DiamondBarCA.Gov <mailto:DFox@DiamondBarCA.Gov> >
Subject: RE: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan
David,
Are you able to separately send your comments via direct email? I have not been able to locate the full text in Accela.
Greg Gubman, AICP | Community Development Director
City of Diamond Bar
909.839.7031
From: David A. DeBerry <NoReply@IQM2.com <mailto:NoReply@IQM2.com> >
Sent: Wednesday, December 11, 2019 10:28 AM
To: Kristina Santana <KSantana@DiamondBarCA.Gov <mailto:KSantana@DiamondBarCA.Gov> >
Cc: Greg Gubman <GGubman@DiamondBarCA.Gov <mailto:GGubman@DiamondBarCA.Gov> >
Subject: Action Item for City Council 2185 was Reviewed : Diamond Bar General Plan Update and Climate Action Plan
Stage #3 of this Action Item for City Council has been Reviewed by David A. DeBerry and now needs to be reviewed by: Kristina Santana. Comment: I?ve approved, but suggest the following
changes: Under Discussion and Analysis Rather than a generic statement, I suggest revising the first sentence to read, ?This section ? discusses the findings that the City Council must
make prior to approving the General Plan Update given the EIR?s conclusion that it will result in some significant, unavoidable environmental impacts as further discussed below.? In
the second sentence, I suggest adding the words, ?and are discussed below? at the end. Under Tres Hermanos Ranch Please replace the second paragraph with the following: ?While the Planning
Commission did not directly recommend considering re-designating the Tres Hermanos Ranch as Open Space as part of the General Plan Update, staff recommends that the City Council not
consider such a re-designation at this time. An Open Space designation was not studied as part of the EIR?s review of the General Plan Update and would have potential impacts on the
EIR?s conclusion, the City?s Housing Element and possibly other General Plan elements, which impacts would need further study and cause significant delay to consideration of the General
Plan Update itself. As the City Council is well aware, the City Council authorized litigation in 2017 to stop the development of a large solar farm on Tres Hermanos. The result of the
litigation was a 2019 settlement between the cities of Industry, Chino Hills and Diamond Bar which resulted in the transfer of the 2,445-acre Tres Hermanos Ranch (695 acres in Diamond
Bar and 1,750 acres in Chino Hills) to a re-constituted Tres Hermanos Conservation Authority (THAC). Diamond Bar is a member of the THAC along with the cities of Chino Hills and Industry.
The stated purpose of the THAC is to coordinate the overall conservation, use and potential improvement of Tres Hermanos through collaboration by the member cities. The transfer has
been challenged in court by the purported developer of the large solar farm and currently Click here to Review online <https://DiamondBarCA.iqm2.com/Agency/LegiFile.aspx?ID=2185>
Diamond Bar General Plan 2040 and Climate Action Plan. <https://DiamondBarCA.iqm2.com/Agency/LegiFile.aspx?ID=2185>
ATTACHMENTS
* Resolution No. 2019-XX, Certifying the Final EIR, Adopting Findings of Fact/Statement of Overriding Considerations, and Approving the MMRP for the DB General Plan Update & Climate
Action Plan <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3274&IsMinuteTraqRequest=True>
* Resolution No. 2019-XX, Approving the Diamond Bar General Plan 2040 <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3275&IsMinuteTraqRequest=True>
* Resolution No. 2019-XX, Approving the Diamond Bar Climate Action Plan 2040 <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3276&IsMinuteTraqRequest=True>
* Planning Commission Reso 2019-16 - EIR Certification <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3280&IsMinuteTraqRequest=True>
* Planning Commission Reso 2019-17 -General Plan Update <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3281&IsMinuteTraqRequest=True>
* Planning Commission Reso 2019-18 - Climate Action Plan <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3282&IsMinuteTraqRequest=True>
* Planning Commission 12/4/19 Staff Report (excluding attachments) <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3287&IsMinuteTraqRequest=True>
* Diamond Bar General Plan 2040 Public Hearing Draft <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3288&IsMinuteTraqRequest=True>
* Diamond Bar Climate Action Plan 2040 Public Hearing Draft <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3289&IsMinuteTraqRequest=True>
* Final EIR <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3290&IsMinuteTraqRequest=True>
* Comments submitted for 12/4/19 Planning Commission meeting <https://DiamondBarCA.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3293&IsMinuteTraqRequest=True>
INFORMATION
Department:
Community Development
Category:
Public Hearing
Meeting:
Dec 17, 2019 6:30 PM - City Council