HomeMy WebLinkAboutPC 2017-06PLANNING COMMISSION
RESOLUTION NO. 2017-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE - PLANNING CASE NO. PL 2016-198.
A. RECITALS
1. In compliance with SB 1069 and AB 2299, the City of Diamond Bar proposes
to amend Chapter 22 of the Diamond Bar Municipal Code.
2. The purpose of SB 1069 and AB 2299 is to address housing needs by easing
development restrictions placed on accessory dwelling units (ADUs).
3. The proposed amendments would affect the areas of the City eligible for
ADUs, as well as amend the processing time, parking requirements,
setbacks, and utility connections and fees.
4. The proposed Development Code Amendment will further the public health,
safety and general welfare. Proposed changes will allow additional housing
opportunities.
5. Pursuant to Government Code Section 65090 and 65353, a notice of at least
1/8 page display was published in the Inland Valley Daily Tribune and San
Gabriel Valley Tribune newspapers on March 3, 2017, and a copy of the
public notice was posted at the City's three designated community posting
sites.
6. The City has determined that the proposed Development Code
Amendment is not subject to the California Environmental Quality Act
("CEQA") because 'it can be seen with certainty that the proposed
Development Code Amendment will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2)
of the CEQA Guidelines) and this Ordinance is covered by the general rule
that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061(b)(3) of the CEQA
Guidelines) and does not apply to organizational or administrative activities
of governments that will not result in direct or indirect physical changes in the
environment (Section 15378(b)(5) of the CEQA Guidelines). It is also exempt
under Class 3 (Section 15303 (a) of the CEQA Guidelines), since the
regulations pertain to a categorically exempt use ("second dwelling units").
The changes provide the City with the authority to better regulate ADUs in
compliance with State law, and the regulatory changes will not create
significant environmental impacts. Therefore, no further environmental review
is required.
7. On March 14, 2017, the Planning Commission held a duly noticed public
hearing regarding the proposed Development Code Amendment reflected in
the draft ordinance attached hereto as Exhibit "A" and incorporated by
reference into this Resolution, and duly considered all public testimony,
evidence, and staff analysis.
8. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
9. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. 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. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve Development
Code Amendment Planning Case No. PL 2016-198 by adopting the
amendments to Title 22 of the Diamond Bar Development Code described in
the draft ordinance attached hereto as Exhibit "A" and incorporated herein by
reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
2 PC Resolution No. 2017-06
APPROVED AND ADOPTED THIS 14TH DAY OF MARCH, 2017 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Kenn th Mok, Vice Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 14th day of March, 2017, by the following vote:
AYES: Commissioners: Barlas, Farago, Mahlke
NOES: Commissioners: None
ABSENT` Commissioners: ChairJWolfe
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
3 PC Resolution No. 2017-06