HomeMy WebLinkAboutRES 2011-11RESOLUTION NO. 2011-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING THE 2008-2014 HOUSING ELEMENT UPDATE
(GENERAL PLAN AMENDMENT NO. PL 2011-43)
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.
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.
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 and the related Negative Declaration,
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Amendment No. PL2011-043 and the related Negative Declaration,
solicited testimony from all interested individuals, concluded the hearing,
and adopted Planning Commission Resolution No. 2011-05
recommending that the City Council adopt said General Plan Amendment
and Negative Declaration.
8. On April 19, 2011, the City Council conducted a duly noticed public
hearing to consider General Plan Amendment No. PL2011-043 and the
related Initial Study/Negative Declaration.
9. The 1995 General Plan remains properly integrated and internally
consistent as required by California Government Code Section 65300.5.
10. 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 n ewspapers on February 18,
2011, in a one-eighth page legal advertisement. Also, three other public
places were posted.
11. All legal prerequisites to the adoption of this resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, it is hereby found, determined and resolved by the City
Council of the City of Diamond Bar, as follows:
The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Resolution are true and correct.
2. The City Council hereby finds that the Initial Study/Negative Declaration
(IS/ND) prepared for the proposed 2008-2014 Housing Element
adequately addresses the requirements of CEQA. The IS/ND reflects the
independent judgment of the City Council.
3. The City Council hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth herein,
there is no evidence before the City Council that 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, the City Council hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14
of the California Code of Regulations.
4. The City Council, after due consideration of public testimony, staff analysis
and the Council's deliberations, has determined that General Plan
Amendment No. PL2011-043 for the 2008-2014 Housing Element, —
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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.
5. The City Council hereby adopts General Plan Amendment No. PL 2011-
043 for the City of Diamond Bar, attached hereto as Exhibit "A" and
incorporated herein by reference.
6. The City Council 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 City Clerk shall:
(a) Certify as to the adoption of this Resolution; and
(b) Distribute copies of the 2008-2014 Housing Element of the General
Plan of the City of Diamond Bar as set forth in Section 65357 of the
California Government Code.
PASSED, APPROVED AND ADOPTED THIS 19T" DAY OF APRIL, 2011, BY
THE CITY COUNCIL COMMISSION OF THE CITY OF DIAMOND BAR.
%
BY:
Steve Tye, Mayot
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 19th day of
April 2011, by the following vote:
AYES: Council Member: Everett, Herrera, Tanaka, MPT/Chang
M/Tye
NOES: Council Member: None
ABSTAIN: Council Member: None
ABSENT: Council Member: None
ATTEST:
i-�—
Tomnhye Cribbins, City Clerk
City of Diamond Bar
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