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HomeMy WebLinkAboutRES 2025-20PLANNING COMMISSION RESOLUTION NO.2026-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT NO. 2026-01 BETWEEN THE CITY OF DIAMOND BAR AND THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT REGARDING THE OPERATION OF A DIGITAL BILLBOARD AT 880 SOUTH LEMON AVENUE, DIAMOND BAR, CA 91789 (ASSESSORS PARCEL NO. 8760-016-901). A. RECITALS The applicant, Evergreen Media LLC, and property owner, Walnut Valley Unified School District (WVUSD), filed an application for Planning Case No. PL2024-40 which includes Development Agreement No. 2026-01 between the City and WVUSD guaranteeing specified community benefits to be derived from the construction and operation of the proposed billboard. Said Development Agreement is attached hereto as Exhibit 1 to Exhibit A of this Resolution. 2. The subject property consists of one parcel totaling 6.08-acres, located in the Light Industry (1) zone with an underlying General Plan land use designation of School (S). 3. The legal description of the subject property is Southwest Quarter of the Northwest Quarter of Section 17, Township 2 South, Range 9 West of Tract No. 10122. The Assessor's Parcel Number (APN) is 8760-015-901. 4. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on September 19, 2025 and with the Los Angeles County Clerk on September 19, 2025. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to property owners within a 700-foot radius of the project site. The public review period for the MND began on September 22, 2025, and ended on October 21, 2025, for a total of 30 days pursuant to CEQA Guidelines Section 15105. 5. In accordance with CEQA Guidelines Section 15074, a Resolution recommending City Council adoption of the Mitigated Negative Declaration and a Mitigation Reporting and Monitoring Program for the project was reviewed by the Planning Commission concurrently with this Resolution. 6. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on November 5, 2025. Public hearing notices were mailed to property owners within a 700-foot radius of the project site. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City's designated community posting sites. 10 C. 7. On November 25, 2025, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 8. The documents and 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, 21810 Copley Drive, Diamond Bar, CA 91765. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This 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 project identified above in this Resolution required a Mitigated Negative Declaration (MND). The MND has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The minimum 30-day public review period for the MND began on September 22, 2025, and ended on October 21, 2025. Furthermore, the Planning Commission has reviewed the MND and related documents in reference to the Project. 3. Based on the findings and conclusions set forth herein and as prescribed under DBCC Section 22.62, this Planning Commission hereby finds and recommends that the City Council approve Development Agreement No. 2026-01 described in the draft ordinance attached hereto as Exhibit "A" and incorporated herein by reference. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar City Code (DBCC) Section 22.62, this Planning Commission hereby finds and recommends as follows: Development Agreement Findings (DBCC Section 22.62) The development agreement would be in the best interests of the City. The Development Agreement provides significant public benefits to the City of Diamond Bar, including a 25% community benefit fee from the lease revenue that the District receives from the billboard operator, Evergreen Media LLC. These funds will provide a recurring source of revenue that may be allocated to community projects and public programs. Revenues received by the District will be used to support its educational programs, further improving the quality of education and benefiting the broader community. In addition, the Agreement grants the City dedicated advertising time on the digital billboard for public service messages and emergency alerts at no cost to the City. Collectively, these provisions promote public communication, safety, and fiscal sustainability, and therefore the Agreement is in the best interests of the City. 2 PC Resolution No. 2025-20 2. The development agreement is consistent with the general plan, and any applicable specific plan and the Development Code. The Development Agreement is consistent with General Plan Goal PF-G-4: ("Continue to provide residents of all ages and abilities with access to high quality local educational facilities in cooperation with the Walnut Valley and Pomona Unified School District (WVUSD and PUSD, respectively), the Los Angeles County library system, and community organizations') in that the Proposed Use will be located on an existing developed site owned by WVUSD. The project utilizes an already improved area without displacing existing land uses or requiring new infrastructure, thereby supporting the continued and efficient use of an established institutional property. In addition, the Development Agreement establishes ongoing community benefits, including a 25% Community Benefit Fee paid to the City from the billboard lease revenue received by the District. The Community Benefit Fee provides the City with supplemental funding that may be used to support municipal services, community programs, and local infrastructure, contributing to overall public service delivery. In return, the District's receipt of long-term lease revenue from the billboard further supports its ability to enhance educational programs and improve school facilities, directly advancing the intent of PF-G-4 to maintain high -quality educational resources. The Development Agreement is consistent with General Plan Goal PS-G-5: ("Maintain safety services that are responsive to citizens' needs to ensure a safe and secure environment for people and property in the community') in that the Development Agreement requires the provision of dedicated, no -cost on -screen time for City emergency notifications, Amber Alerts, and other public safety announcements. The ability to broadcast real-time emergency information enhances the City's capacity to communicate critical alerts quickly and broadly, thereby supporting a safe environment for residents and property. Furthermore, the Agreement requires full compliance with the approved Conditional Use Permit, Development Review, and Development Code Amendment, ensuring the billboard design, height, illumination, and operational standards conform to the City's regulations. The Development Agreement establishes periodic compliance reviews by the City to verify good -faith performance and adherence to all conditions of approval, and it provides remedies, including potential termination, for noncompliance. These provisions create an additional layer of oversight beyond standard code enforcement, ensuring that the District and its operator maintain ongoing compliance with all City regulations. Therefore, the Development Agreement is consistent with the City's General Plan and Development Code. The Development Agreement is not part of any theme area, specific plan, community plan, boulevard or planned development. 3. The development agreement would promote the public interest and welfare of the City. See Response 1 and 2 above. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 3 PC Resolution No. 2025-20 (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. APPROVED AND ADOPTED THIS 25TH DAY OF NOVEMBER 2025, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ''- 'Ja Naila Barlas, Chairperson I, Greg Gubman, 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 special meeting of the Planning Commission held on the 25th day of November 2025, by the following vote: AYES: 5 Commissioners: Torres, Worthington, Rawlings, Mehta, Barlas NOES: 0 Commissioners: None ABSTAIN: 0 Commissioners: None ABSENT: 0 Commissioners: None ATTEST: Greg Gub an, Secretary EXHIBITS: Exhibit A: Draft Ordinance No. XX (2026) 0 Li PC Resolution No. 2026-20