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HomeMy WebLinkAbout03/23/2010PLANNING COMMISSION FILE COPY AGENDA March 23, 2010 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Kathleen Nolan Kwang Ho Lee Steve Nelson Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title lI of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission -- MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: infop_ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, March 23, 2010 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2010-06 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Kathleen Nolan, Kwang Ho Lee, Steve Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recordina Secretary (completion of this form is voluntarv). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: March 9, 2010. 4.2 Development Review No. 2007-06: Minor Change to 2502 Razzak Circle. 5. OLD BUSINESS: None. 6. NEW BUSINESS: Review of possible City acquisition of office building and associated property for conformance with the General Plan. 7. PUBLIC HEARING(S): 7.1 Development Code Amendment No. PL2010-78 — An Ordinance of the City of Diamond Bar amending the zoning regulations governing group residential uses in residential zones and amending the Diamond Bar Municipal Code, and providing reasonable accommodation provisions for the disabled, pursuant to Government Code Section 65858(d). APPLICANT: City of Diamond Bar MARCH 23, 2010 8 9 10. PAGE 2 PLANNING COMMISSION AGENDA Environmental Determination: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further review is required. Recommendation: Staff recommends that the Planning Commission recommend that the City Council approve Development Code Amendment No. PL 2010-78. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: PLANNERS INSTITUTE: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: CITY'S 21st BIRTHDAY CELEBRATION: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: March 24 — March 26, 2010 Monterey Conference Center Monterey, CA Tuesday, April 6, 2010 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, April 8, 2010 - 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday April 13, 2010 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Saturday, April 17, 2010 11:00 a.m. 6:00 p.m. Pantera Park, 738 Pantera Drive Thursday, April 22, 2010 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive 2 ®RAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 9, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. 1. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONERS — Administered by Tommye Cribbins, City Clerk 2. 3. ROLL CALL: Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. REORGANIZATION OF PLANNING COMMISSION — Selection of Chairman and Vice Chairman. C/Nolan nominated C/Torng to serve as Chairman. C/Shah seconded the nomination. There were no other nominations offered. C/Torng was elected to serve as Planning Commission Chairman by the following Roll Call vote: Nolan Yes Shah Yes Lee No Nelson Yes Torng Yes C/Nelson nominated C/Nolan to serve as Vice Chairman. C/Shah seconded the nomination. There were no other nominations offered. C/Nolan was elected to serve as Planning Commission Vice Chairman by the following Roll Call vote: Lee Yes Nolan Yes Shah Yes Nelson Yes Chair/Torng Yes 4. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. MARCH 9, 2010 PAGE 2 5. APPROVAL OF AGENDA: 'As presented. 6. CONSENT CALENDAR: -DIRAFT PLANNING COMMISSION 6.1 Minutes of the Regular Meeting of February 9, 2010. C/Shah moved, C/Lee seconded, to approve the Minutes of the Regular Meeting of February 9, 2010, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS 7. OLD BUSINESS: None 8. NEW BUSINESS: None 9. PUBLIC HEARINGS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None 9.1 Conditional Use Permit No. PL 2009-94 — Under the authority of Diamond Bar Municipal Code Section 22.58, Michael A. Navas submitted a request to operate a foot massage establishment under the business name Sakura Foot Spa. The proposed establishment will provide foot care services provided by professionally trained technicians. The services proposed include foot massage as the primary use and shoulder massage as an accompaniment to the foot massage service. The proposed hours of operation are 10:00 a. m. to 10:00 p.m., seven (7) days a week. PROJECT ADDRESS PROPERTY OWNER APPLICANT: 21343 Cold Spring Lane Country Hills Holdings, LLC 8115 Preston Road #400 Dallas, TX 75225 Michael A. Navas 1594 Deer Crossing Drive Diamond Bar, CA 91765 AP/Alvarez presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL 2009-94, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. SAT MARCH 9, 2010 PAGE 3 PLANNING COMMISSION C/Shah commented that the drawings were not to scale. C/Lee asked if the 5' turning radius in the restroom facility was required for ADA conformity and AP/Alvarez responded yes. C/Lee asked how many foot massage facilities are now located in Diamond Bar. AP/Alvarez responded that one was recently approved by the Planning Commission which is located at Golden Springs and Brea Canyon Road and this approval would be the second such facility. C/Nelson asked if the health department requires on-site washer/dryer facilities to wash the towels. AP/Alvarez referred C/Nelson to the applicant and stated that staff does not require such on-site facilities. VC/Nolan asked AP/Alvarez if he was certain there was currently only one foot massage facility in Diamond Bar and he responded that he was not aware of other foot massage facilities. VC/Nolan asked how the shoulder massage portion works in tandem with foot massage because she felt the description of the business operation was somewhat vague. AP/Alvarez referred VC/Nolan to the applicant. There were no ex parte disclosures. Chair/Torng opened the Public Hearing. Michael Navas, applicant, offered to respond to Commissioner's questions. VC/Nolan asked the applicant to explain the business practices. SP/Lee responded that the primary business is foot massage and as an accompaniment to the foot massage, there will be some shoulder and arm massage. She said she has had a foot massage that involved shoulder and arm massage and it does not involve removal of clothing and is a relaxation procedure that may include some head massage as well. Mr. Navas explained that upon entering the treatment area, individuals are asked to soak their feet for about 15 minutes to prepare the feet for massage. At the same time, the practitioner will do a small amount of shoulder and head massage. After 15 minutes the practitioner massages the feet. SP/Lee stated that individuals receiving the treatments are in a large room. There are no separate individual rooms with doors. Individuals receiving the massage are seated and not lying down. C/Nelson asked how the towels would be cleaned and Mr. Navas responded that he did not know at this point if the health department would require a washer and dryer but they will be provided anyway. Chair/Torng closed the public hearing. MARCH 9, 2010 10. 11. PAGE 4 2 DRAFT PLANNING COMMISSION VC/Nolan moved, C/Nelson seconded, to approve Conditional Use Permit No. PL 2009-94, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Shah, Nelson, VC/Nolan, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah congratulated his colleagues on their appointments and felt they were a good team. C/Lee congratulated Chair/Torng and VC/Nolan and said he and his colleagues offered their support. VC/Nolan thanked her colleagues for nominating her and said she looked forward to serving as Vice Chairman and also looked forward to the Planners Institute in Monterey. C/Nelson said he felt proud to be part of the Commission and felt he and his colleagues worked very well together. He congratulated Chair/Torng and VC/Nolan. Chair/Torng thanked his colleagues for honoring him with the Chairmanship for one more year. He hoped he and his colleagues would have a good working relationship to tackle the Site D project. STAFF COMMENTS/INFORMATIONAL ITEMS: 11.1 Public Hearing dates for future projects. CDD/Gubman said he enjoyed working with the Commissioners during the past year and looked forward to another two years of continuity and momentum. He hoped the Commissioners would see an upturn in activity during the next couple of years starting with Site D. In response to VC/Nolan's question about the number of foot massage facilities in the City, he believed that the Commission had approved four within the past year. One was approved and then the lease fell through. This facility was in the shopping center on Diamond Bar Boulevard just to the south of the Post Office. Another facility is located at the Market World Center and another at MARCH 9, 2010 PAGE 5 PLANNING COMMISSION the new commercial building at Banning Way and Golden Springs. Tonight's approval is the fourth such facility. CDD/Gubman announced that staff is planning to start the public hearing process to consider the EIR and adoption of the Specific Plan for Site D beginning April 13. He anticipated that the project hearing would run through at least two Planning Commission meetings. Once the Planning Commission makes its recommendation on the EIR, the matter will go to the City Council for another round of hearings. The final EIR will be posted on the City's Website very shortly. In addition, hard copies will be delivered to all Commissioners and to state agencies, and the document will be made available to the public as well. CDD/Gubman reported that the City is contemplating purchase of the former Allstate Insurance building across the street from the AQMD/Government Building to potentially house City Hall and other tenants such as the County Library. As part of the due diligence, the Planning Commission will be asked at its March 23 meeting to make a finding of General Plan consistency to consider this purchase and to make a CEQA determination. If the Planning Commission finds in the affirmative, and at the direction of City Council, staff will take further steps in the feasibility study. This is a public transparent/open process. CDD/Gubman stated that on March 23 staff will present the Commission with a new ordinance for the regulation of group homes in the City of Diamond Bar, as the City nears the end of its moratorium that took effect on August 2008. CDD/Gubman indicated that Commissioners attending the Planners Institute in Monterey March 24 through March 26 have been provided an itinerarywith the flight and hotel accommodation information. Commissioners who have questions should contact CDD/Gubman or SAA/Marquez. VC/Nolan asked if the goals of the Site D EIR were amended after the Heritage Park meeting. CDD/Gubman said that he will provide information for information purposes only and the Commission is not to deliberate or deliver any comments at this time. CDD/Gubman said that comments were received on the EIR and the Final EIR provides a detailed response to the comments. There were comments by the public and some questions involving the environmental analysis to which staff has responded. Many of the comments were regarding the merits of the project which is controversial in that several residents are opposed to the commercial component which comprises half of the 30 -acre project. Some are opposed to any development at all except for park purposes. The EIR provides an unbiased, MDR/��T MARCH 9, 2010 PAGE 6 PLANNING COMMISSION objective, and quantitative analysis of the impacts of the proposed project along with various alternatives. The decision the Commission will be making is whether that environmental analysis of those alternatives is adequate. With respect to the proposal that staff is recommending, the specific physical plan and/or text have not changed in terms of its fundamentals. CDD/Gubman continued that staff is continuing with the land use plan that was initially presented to the public with some changes to be addressed: The public hearing process will explain in more detail why staff's recommendation is for the particular project. This will be the first time that the project merits are up for debate and deliberation. 12. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:35 p.m. The foregoing minutes are hereby approved this 23rd day of March, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman II DIAI�IONn 8���, PLANNING COMMISSION MEMORANDUM CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117 DATE: March 23, 2010 TO: Chairman Torng and Members of the Planning Commission FROM: Greg Gubman, AICP, Community Development Director BY: Grace S. Lee, Senior Planner SUBJECT: Minor Change to 2502 Razzak Circle (Development Review No. 2007-06) On May 13, 2008, the Planning Commission approved a new three-story 7,888 sq. ft. single-family residence. The project is currently in building plan check. The entitlement (Development Review No. 2007-06) for this project will expire on May 13, 2010. The applicant is required to address all necessary corrections from building plan check and obtain building permits prior to the expiration of the entitlement. Because the project site is located within The County Estates, approval by The Diamond Bar Country Estates HOA Architectural Committee is also required. On February 4, 2010, the committee required the applicant to make the following minor changes prior to their approval of the project: 1. Rotate the entry rotunda approximately 16 degrees to the left (clockwise). This change was required to remove the bend in the porte cochere, as well as to better align the center point of the rotunda with the water feature in the front yard. This results in a more direct and appropriate line of sight from the entry way to the water feature; and 2. The rotation had a minor change on the exterior elements of the building. One of the two windows on the second floor of the rotunda required a slight adjustment for symmetry with the remaining window. The rotation was beneficial in resolving a building code compliance issue, where a column was blocking a stairway handrail. This issue was revealed during the structural design phase, and has been redesigned to wrap around the column. The change also slightly impacted the landscaping by requiring the additional planting of a palm tree to the right of the rotunda. Given the minor nature of the proposed changes to the project and the overall design has not changed, staff is recommending that the request be approved, without having to go through a more formal review and a public hearing process. Respectfully submitted: Greg Gub , AICP Community Development Director Attachments: Prepared by: Gr S. Lee Senior Planner 1. Plans Originally Approved by the PC on 05/13/2008 2. 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(909) 839-7030 -- FAX (909) 861-3117 DATE: March 23, 2010 TO: Chairman Torng and Members of the Planning Commission FROM: Greg Gubman, AICP, Community Development Director BY: Grace S. Lee, Senior Planner SUBJECT: Review of Possible City Acquisition of Office Building and Associated Real Property Located at 21810 E. Copley Drive for Conformity with the City's General Plan BACKGROUND: City staff is pursuing the possible purchase of an existing two-story office building located at 21810 E. Copley Drive to relocate City Hall services. Pursuant to California Government Code Section 65402 (Attachment #2), the Planning Commission must review the possible acquisition of the office building for consistency with the City's General Plan and adopt a resolution to record its findings (Attachment #1). ANALYSIS: The existing building in question was built in 1999, and is located within the Gateway Corporate Center. The previous tenant was an Allstate Insurance office and call center. The building is located across the street from the existing South Coast Air Quality Management District (AQMD) building within which City Hall is currently a tenant. The City's lease with the AQMD expires in February 2011. In addition to relocating City Hall to this new location, staff is also exploring possibilities for leasing the first floor to the County of Los Angeles Public Library in order to accommodate the relocation of the Diamond Bar branch to a bigger, modern facility. However, if the library is not interested, the City may lease some space to other office uses. The existing building that staff is considering to purchase is located on a 6.47 gross acre parcel with the following specifications: • General Plan Designation: Professional Office (OP) • Zoning: Office, Business Park (OB) • Floor Area: Two -Story 55,095 sq. ft. • Parking: 309 parking spaces • Condition: First floor includes a number of improvements including a computer server room, hard -walled offices and conference rooms, and a kitchen area. The second floor consists of a few hard -walled conference rooms located in the center of the building and is mostly open office area (see Attachment #3). Planning staff finds that the proposed acquisition of the existing office building and associate property is consistent with the adopted General Plan's Vision Statement and Goals, Objectives, and Strategies as follows: Land Use Element Goal 1, Objective 1.1, Strategy 1.1.3(d): Existing office building is located in the Professional Office (OP) land use designation which provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses; • Goal 1, Objective 1.3, Strategy 1.3.5: Professional office areas are to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as necessary support uses; and Goal 1, Objective 1.4, Strategy 1.4.4: Designates and pursues acquisition of a centralized site for use as a civic/multi-purpose community center. The site is located across the street from the existing City Hall, and is in a centralized site for the community. Staff is exploring possibilities to include a senior center as another potential community -serving use within the building. Public Services and Facilities Element Goal 1, Objective 1.4, Strategy 1.4.1: Pursues the acquisition of a site and development of a civic center, including a multi -use community center. Staff is exploring possibilities to include a senior center; Goal 1, Objective 1.4, Strategy 1.4.3: Work with Los Angeles County to insure adequate library services are provided. Staff is exploring possibilities for leasing the first floor to L.A. County library services; and Goal 1, Objective 1.2: Establishes and implements solutions to the financing of public facilities and services which best protect the interests of the taxpayer. Given current real estate market conditions, depressed real estate values and low interest rates, the prospect of acquiring the property and occupying an 2 CD: GraceSLee/Memos/GP Consistency Finding for Relocation of City Hall existing office building is fiscally prudent as opposed to acquiring a vacant land and building a new facility, particularly at this point in time. ENVIRONMENTAL REVIEW: The proposed acquisition is found to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15306 (Information Collection) with regards to the due diligence process, and Section 15301 (Existing Facilities) with the intent to acquire and use the property for City Hall services. In addition, when the Planning Commission reviewed and approved the development of the existing office building in 1999, a Negative Declaration of Environmental Impact was approved. A traffic analysis was prepared and required improvements to mitigate the impact of the office building proposed at the time. A condition of approval required the applicant to pay their fair share for the improvements. The existing office building was also developed with more than the required parking spaces, providing 309 spaces, instead of the required 138 spaces. City Hall is an existing tenant in the Gateway Corporate Center and located across the street from the existing building. Existing staff has outgrown the existing space that the City is currently leasing, and the City is not anticipating increasing significant staffing levels. Therefore, the trip distribution will remain the same, and the trip generation for City Hall operations should remain the same. Because the use of the office building would remain the same, and City Hall is currently an existing tenant in the Gateway Corporate Center across the street from the existing office building, further environmental review is not warranted at this time. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 2009 -XX finding the possible acquisition of a two-story office building and associated real property located at 21810 E. Copley Drive is in conformance with the City's General Plan. Respectfully submitted: Greg GubmAITYAiCP Community Development Director Attachments: 1. Draft Resolution No. 2010 -XX 2. CA Government Code Section 65402 3. Existing Floor Plan Prepared by: Grac S. Lee Senior Planner 3 CD: GraceSLee/Memos/GP Consistency Finding for Relocation of City Hall Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2010 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE CITY'S ACQUISITION OF AN EXISTING OFFICE BUILDING AND ASSOCIATED REAL PROPERTY LOCATED AT 21810 E. COPLEY DRIVE IN THE CITY OF DIAMOND BAR TO RELOCATE CITY HALL SERVICES IS IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65402. A. RECITALS (i) WHEREAS, on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California; and (ii) WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements; and (iii) WHEREAS, the acquisition of approximately 6.47 acres of land located at 21810 E. Copley Drive is proposed by the City of Diamond Bar for the purpose of relocating City Hall services in the future; and (iv) WHEREAS, Section 65402 of the Government Code of the State of California required that no real property shall be acquired of until the location, purpose and extent has been reported upon by the planning agency of the city in which the land is located as to conformity with the General Plan; and (v) WHEREAS, the subject property is generally described herein as: • Property located at 21810 E. Copley Drive; • Approximately 6.47 gross acre parcel; • Assessor Parcel Number 8293-050-022; • General Plan Land Use Designation — Professional Office (OP); • Zoning Designation — Office, Business Park (OB); (vi) WHEREAS, the City of Diamond Bar intends to acquire the property with the purpose of relocating City Hall services in the future and serve the residents of the City; and (vii) WHEREAS, on March 23, 2010, at a regularly scheduled meeting, the Planning Commission, considered the matter of the proposed acquisition of said real property, and concluded said review prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: 1. The 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 acquisition of the property is in conformance with the adopted General Plan of the City of Diamond Bar as follows: (a) Land Use Element - Goal 1, Objective 1.1, Strategy 1.1.3(d) states: Designate Professional Office (OP) areas to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The proposed acquisition of the property is located in the Professional Office (OP) land use designation and the existing building will be used to relocate city hall services. (b) Land Use Element - Goal 1, Objective 1.3, Strategy 1.3.5 states: Professional Office areas are to provide for the establishment of office - based working environments for general, professional, and administrative offices, as well as support uses. The proposed acquisition of the property is located in the Professional Office (OP) land use designation and the existing building will be used to relocate city hall services. (c) Land Use Element - Goal 1, Objective 1.4, Strategies 1.4.4 states: Designate and pursue acquisition of a centralized site for use as a civic/multi-purpose community center. The site is located across the street from the existing City Hall, and is in a centralized site for the community. Staff is also exploring possibilities for a senior center, as another potential community -serving use within the building. (d) Public Services and Facilities Element - Goal 1, Objective 1.4, Strategy 1.4.1 states: Pursue the acquisition of a site and development of a civic center, including a multi -use community center. The site is located across the street from the existing City Hall, and is in a centralized site for the community. Staff is also exploring possibilities for a senior center, as another potential community -serving use within the building. (e) Public Services and Facilities Element - Goal 1, Objective 1.4, Strategy 1.4.3 states: Work with Los Angeles County to insure adequate library services are provided. Staff is exploring possibilities for leasing the first floor to the County of Los Angeles Public Library in order to accommodate the relocation of the Diamond Bar Branch to a larger, modern facility_ (f) Public Services and Facilities Element - Goal 1, Objective 1.2 states: Establish and implement solutions to the financing of public facilities and services which best protect the interests of the taxpayer. Given current real estate market conditions, depressed real estate values and low interest rates, the prospect of acquiring the property and occupying an existing office building is fiscally prudent as opposed to 2 Planning Commission Resolution No. 2010 -XX acquiring a vacant land and building a new facility, particularly at this point in time. 3. The Planning Commission hereby finds that the acquisition of the parcel is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15306 (Information Collection) with regards to the due diligence process, and Section 15301 (Existing Facilities) with the intent to acquire and use the parcel for City Hall services of the CEQA Guidelines. 4. Based on the findings and conclusions set forth above, this Resolution shall serve as the Planning Commission's report to the City Council regarding the General Plan conformity of the proposed acquisition of an existing office building and associated real property to relocate City Hall services as required by California Government Code Section 65402. The Planning Commission shall: (a) Certify as 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 for use in its deliberations regarding the possible acquisition of the office building and associated real property to relocate City Hall services. APPROVED AND ADOPTED THIS 23rd DAY OF MARCH, 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. In Tony Torng, Chairman I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, 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 regular meeting of the Planning Commission held on the 23rd day of March, 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 Planning Commission Resolution No. 2010 -XX Attachment 2 CALIFORNIA GOVERNMENT CODE SECTION 65402 65402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to confonnity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandomnents for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval maybe overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. Attachment 3 uv O m N WO WHO we] m PLANNING COMMISSION fi�oxroiu'� ' j9S9 AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117--www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: March 23, 2010 CASE/FILE NUMBER: Development Code Amendment No. PL 2010-78 PROJECT LOCATION: Citywide APPLICATION REQUEST: To amend Title 22 of the Diamond Bar Municipal Code adopting regulations on group homes and reasonable accommodation procedures. PROPERTY OWNERS: Not Applicable APPLICANT: Diamond Bar Community Development Department STAFF RECOMMENDATION: Adopt the attached resolution recommending the City Council approve Development Code Amendment No. PL 2010-78by adopting the attached ordinance. BACKGROUND: Following inquiries from concerned residents about the establishment of group residential uses in residential areas and the proliferation of said facilities in other Southern California cities, the City Council directed staff to review related development standards and locational criteria to ensure their proper regulation. On July 9, 2008, the City Council adopted Interim Urgency Ordinance No. 4 (2008), which instituted a temporary ban on all group residential uses, providing temporary relief from potential noise, traffic, parking, and law enforcement impacts. On August 19, 2008, the City Council adopted Ordinance No. 4A (2008), extending the ban an additional 10 months and 45 days. To provide adequate time to conduct the research to develop any changes to the Development Code, the Council adopted Ordinance No. 4A (2009), which provided a final 12 month extension of the temporary ban. City staff, in cooperation with the City Attorney's Office, used this time period to research and develop a legally defensible ordinance that protects Diamond Bar from an over - concentration of Group Homes in residential zones In addition to the Group Home regulations, the proposed ordinance also contains "reasonable accommodation" provisions to ensure that disabled residents are able to make necessary accessibility improvements to their homes. GROUP HOMES The proposed ordinance was created in order to fulfill the following objectives: • To better define the uses that are regulated under state and federal law; • To preserve the character of Diamond Bar's single-family neighborhoods; and • To prevent the overconcentration of such uses in the City. The proposed ordinance defines several group home classifications, and then prescribes class -specific regulations. The regulations take into account the legal requirements to allow for these uses, but incorporate appropriate limitations to protect the character of the community's single-family neighborhoods. A summary of each Group Home classification and associated regulations is provided below. Small Residential Care Facilities State and federal statutes provide complex legal protections for certain types of group homes, limiting the City's ability to fully restrict such uses. In accordance with these laws, these protected uses must remain permitted and subject to the same land use and property development standards of the zone in which they are located. The ordinance does not change the existing regulations for these small group homes, but does clarify the definitions for each type of use. These uses, as defined in the proposed ordinance, include: Page 2 DCA 2009-051 "Residential Care Facilities, Small Licensed" are state -licensed facilities that provide care, services, ortreatment in a community residential setting for six or fewer adults but do not include child or adult day care uses. "Residential Care Facilities, Small Unlicensed" are primarily facilities not required, by the law to secure a license in which six or fewer individuals with a disability reside. "Sober Living Home/Alcohol and Drug -Free Residential Recovery Home" refers to a small, unlicensed residential care facility providing a drug and alcohol free environment for up to six adults. To provide the City with an additional layer of oversight while complying with state law, the proposed ordinance requires these facilities to meet defined characteristics to remain permitted by right, including the following (among others): 1. All residents, including live-in managers, must be recovering from alcohol or drug abuse. 2. Ail residents must participate in sanctioned programs such as Alcoholics or Narcotics Anonymous. 3. The facility has a drug and alcohol policy and actively observes "zero tolerance" policy for the consumption or possession of alcohol or non -prescribed controlled substances. 4. On-site, non-medical services such as detoxification, educational sessions, individual or group counseling, or treatment and recovery planning may not be provided. Failure to meet any of the characteristics described in the ordinance will result in the facility's reclassification in the tightly regulated "Group Residential" category as a boarding/rooming house. Larger Residential Facilities Larger residential care facilities are not subject to the same protections as the examples above. Licensed or unlicensed residential care facilities housing seven or more individuals with a disability (defined as "Residential Care Facilities, General") may operate only in multi -family residential zones with an approved conditional use permit (CUP). The ordinance does not change existing regulations for these larger residential care homes. Group Residential Facilities "Group Residential" facilities may also be more tightly regulated by the City. These facilities include, but are not limited to boarding or rooming houses, dormitories, or senior citizen rest homes serving no more than 15 individuals. These facilities can often be characterized as a commercial -type use with operating characteristics that can change the character of a low-density single-family zone and create secondary adverse impacts due to the high number of occupants residing in a home under separate leases. Under the proposed ordinance, group residential facilities are only allowed with an approved CUP in high-density residential zones and shall not be located within 300 feet of any other Group Page 3 DCA 2009-051 Home. It is appropriate to permit rooming houses in the multi -family zones subject to a CUP, where the development standards are already tailored to this type of use and contemplate higher density uses. The CUP requirement ensures that the uses will be compatible with surrounding uses. Parolee -Probationer Homes Parolee and probationer homes, often known as "halfway houses", are permitted only in high-density zones with an approved CUP. These facilities must meet strictly defined operation and development standards and significant separation requirements designed to prevent over -concentration. Parolee and probationer homes may not be located within 5,000 feet of another similar facility or 1,320 feet of any other Group Home, school, college/university, day care facility, park, library, bar/tavern, or a business licensed for off- site sales of alcoholic beverages. Numerous studies have shown that recidivism rates (how often criminal offenders end up back in prison for repeat criminal behavior) in California and nationwide are very high among all classes of offenders. For this reason, it is important to protect the residents of Diamond Bar by placing the strictest possible regulations on parolee -probationer housing, while at the same time protecting the City from legal challenges contending that the ordinance effectively prohibits such uses altogether. The separation requirements prescribed in the proposed ordinance would provide for a worst-case scenario of no more than three parolee -probationer homes to be in operation in the City at one time. Under that scenario, local law enforcement would be able to monitor those three homes—which would already be under 24-hour on-site supervision—without compromising public safety services to the City at large. It is highly unlikely, however, that it would be possible for three such homes to be in simultaneous operation within the City, given the numerous locational constraints written into the proposed ordinance. Existing Facilities: Any Group Home existing in the City prior to the establishment of the ordinance must be fully compliant with the new regulations within one year of adoption. The City Council may consider a six month extension if a written request is filed by the facility's operator. REASONABLE ACCOMODATION The proposed ordinance includes a new section of the code establishing an application, review, and appeals process for disabled persons to request reasonable accommodation in applying zoning laws to ensure equal opportunity for the disabled to use a residence in the City. Any application must be based on evidence proving that Fair Housing Laws apply to the case while showing the request does not fundamentally alter the nature of the City's laws, policies, or procedures. An example of a reasonable accommodation could be a situation in which a wheelchair ramp is needed to provide a disabled person access to their home's entrance, but such a structure would encroach into the front setback, and perhaps the railing would exceed the Page 4 DCA 2009-051 height limits for the setback. Reasonable accommodation would provide relief from the front setback requirements to allow construction of the ramp ENVIRONMENTAL REVIEW: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15361(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment). This determination is based on the following facts: • The ordinance is tailored in such a manner that group homes permitted in the City's single-family zones are limited to six or fewer occupants, which is an occupancy level commensurate with what a typical single-family residence can be reasonably expected to accommodate • More intensive group home classifications are limited to the City's multi -family zones, and are subject to approval of a conditional use permit. Should the proposed location be found unsuitable for such a use—for example, inadequate off-street parking is available—the City would have sufficient cause to deny the conditional use permit application. Based on the above analysis, staff finds the Section 15361(b)(3) exemption finding to be appropriate, and thus no further environmental review is required. NOTICE OF PUBLIC HEARING: Public hearing notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on March 13, 2010. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending approval of Development Code Amendment No. PL 2010-78 to the City Council. Prepared by: Reviewed by Ryan McLean Assistant to the City Manager Attachments: 1. Draft Resolution of Approval. 2. Exhibit "A" – Draft Ordinance. Greg Gubman, AICP Community Development Director Page 5 DCA 2009-051 PLANNING COMMISSION RESOLUTION NO. 2010-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. 2010-78 AMENDING TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REGULATIONS ON GROUP HOMES AND REASONABLE ACCOMMODATION PROCEDURES. A. RECITALS On July 9, 2008, the City Council adopted Interim Urgency Ordinance No. 04 (2008), instituting a 45 -day moratorium on group residential uses not otherwise pre-empted under State law. The urgency ordinance was subsequently extended 10 months and 15 days on August 19, 2008, and again for one year on July 7, 2009. 2. On March 13, 2010, notice for the proposed amendments was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied. 3. On March 23, 2010, the Planning Commission held a duly noticed public hearing on the proposed amendments, and closed said hearing. 4. The proposed amendments will not have a substantial adverse impact on the environment and the project is exempt from the California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, pursuant to Section 15061 of the California Code of Regulations and Guidelines. This determination is based on the following facts: (a) The ordinance is tailored in such a manner that group homes permitted in the City's single-family zones are limited to six or fewer occupants, which is an occupancy level commensurate with what a typical single-family residence can be reasonably expected to accommodate; and (b) More intensive group home classifications are limited to the City's multi -family zones, and are subject to approval of a conditional use permit. Should the proposed location be found unsuitable for such a use, the City would have sufficient cause to deny the conditional use permit application. 5. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan, including, but not limited to, the following: • Land Use Element Obiective 1.2 — "Preserve and maintain the quality of existing residential neighborhoods while offering a variety of housing opportunities..." • Land Use Element Strategy 2.2.2 — "Prohibit the development of adjacent land uses with significantly different intensities, or that have operating characteristics which could create nuisances along a common boundary, unless an effective buffer can be created." • Housing Element Program 14 -- "...promote housing opportunities for all persons regardless of race, religion, sex, family size, marital status, ancestry, national origin, color, age, or physical disability." • Draft 2008-2014 Housing Element Program 16 — "The City will amend the Municipal Code in 2009 to include reasonable accommodation procedures for persons with disabilities in compliance with SB 520." Therefore, the amendments contained herein are consistent with the goals, objectives and policies of the General Plan. B. 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. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment No. 2010-78 by adopting the ordinance attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. 2 Planning Commission Resolution No. 2010-xx APPROVED AND ADOPTED THIS 23rd DAY OF MARCH 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, Chairman 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 regular meeting of the Planning Commission held on the 23rd day of March, 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 Planning Commission Resolution No. 2010-xx Attachment 2 ORDINANCE NO. OX(2010) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REGULATIONS ON GROUP HOMES AND REASONABLE ACCOMMODATION PROCEDURES The City Council of the City of Diamond Bar does ordain as follows: Section 1. The definition of "residential care home" and "single-family dwelling" shall be repealed from the alphabetical list of definitions in Diamond Bar Municipal Code section 22.80.020. Section 2. The following definitions are added to the alphabetical list of definitions in Diamond Bar Municipal Code section 22.80.020 to read as follows: "Boarding or Rooming House" means a residence or dwelling unit, or part thereof, wherein a room or rooms are rented under two or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. "Fair Housing Laws" means the "Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604 (f (3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927 (c)(1) and 12955 (1), as any of these statutory provisions now exist or may be amended from time to time, and each Act's implementing regulations. "Family" means one or more persons living together as a single housekeeping unit in a dwelling unit. "Group homes" means all shared living arrangements where three or more persons are not living together as a single housekeeping unit. This classification includes without limitation Group Residential; Parolee -Probationer Homes; General, Small Licensed and Small Unlicensed Residential Care Facilities; and Sober Living Homes. "Group Residential" means shared living quarters, occupied -by three or more persons not living together as a single housekeeping unit. This classification includes without limitation boarding or rooming houses, dormitories and senior citizen rest homes; but excludes residential care facilities (general, small licensed, and small unlicensed). "Individual with a disability," or "disabled person" as more specifically defined under the fair housing laws, means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment, but not including an individual's current, illegal use of a controlled substance. "Minor Reasonable Accommodation" means any deviation requested and/or granted froin the strict application of the city's laws, rules, policies, practices and/or procedures of the City, including land use and zoning regulations of this Title, and which can be removed or terininated in ninety (90) days or less after the need for the reasonable accommodation ends. "Major Reasonable Accommodation" means any deviation requested and/or granted from the strict application of the city's laws, rules, policies, practices and/or procedures of the city, including land use and zoning regulations of this Title, resulting in a deviation from the allowed uses and permit requirements of this Title, or a physical modification to the property which cannot be restored or terminated within ninety (90) days or less after the need for the reasonable accommodation ends. "Parolee -Probationer Home" means any residential structure or unit, whether owned and/or operated by an individual or a for-profit or nonprofit entity, which houses two or more parolees - probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee -probationer and/or any public or private entity or person on behalf of the parolee -probationer. A parolee -probationer includes: (1) any individual who has been convicted of a Federal crime, sentenced to a United States prison, and received conditional and revocable release in the community under the supervision of a Federal Parole Officer; (2) any individual who has served a term of imprisonment in a State prison and who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony, sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction of any Federal, State, or County Parole or Probation Officer. For the purposes of this section, "felony" means a felony as defined by any California or United States statute. "Residential Care Facilities, General" means any place, site or building, or groups of places, sites or buildings, licensed by the State or unlicensed, in which seven or more individuals with a disability reside who are not living together as a single housekeeping unit and in'which every person residing in the facility (excluding the licensee, members of the licensee's family, or persons employed as facility staff) is an individual with a disability. "Residential Care Facilities, Small Licensed" means State -licensed facilities that provide care, services, or treatment in a community residential setting for six or fewer adults, children, or adults and children and which are required by State law to be treated as a single housekeeping unit for zoning purposes. Small licensed residential care facilities shall be subject to all land use and property development regulations applicable to single housekeeping units. This term does not include child day care facilities or adult day care facilities as those terms are defined in the Diamond Bar Municipal Code. "Residential Care Facilities, Small Unlicensed" means any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, in which six or fewer individuals with a disability reside who are not living together as a single housekeeping unit and in which every person residing in the facility (excluding persons employed as facility staff) is an individual with a disability. Any place, site or building, or groups of places, sites or buildings, which is not licensed by the State of California and is not required by law to be licensed by the State, and houses recovering individuals recovering from alcohol or drug addiction shall meet the definition for Sober Living Homes or Alcohol and Drug Free Residential Recovery Homes below to be regulated as a Small Unlicensed Residential Care Facility. Failure of such facility to meet that definition means the facility shall be regulated as Group Residential. "Single-family residential" or "single-family dwelling" means a building or buildings contairdng one dwelling unit located on a single lot for occupancy by one family or single -housekeeping unit, and with one indoor kitchen, except as provided in Section 22.16.140. This classification includes mobile homes, manufactured homes and factory -built housing on permanent foundations. Dwellings with multiple self-contained living quarters with separate entrances designed to accommodate more than one family on the same lot, not including permissible second units and guest houses, are not included within this definition. "Single housekeeping unit" means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager. "Sober living home" or "Alcohol and drug free residential recovery home" means the use of a residential, dwelling structure or unit for a cooperative living arrangement to provide an alcohol and drug free environment for persons recovering from alcoholism or alcohol and/or drug abuse who seek a living environment in which to remain clean and sober; and which demonstrates each of the following identifying characteristics that shall serve to distinguish the alcohol and drug free residential recovery home and sober living home, as a use of residential property, from similar land uses such as residential treatment facilities or community care facilities that are subject to state licensing requirements and from all other uses of residential property: 1. All residents, including live-in managers, operators, or owners, are recovering from alcohol and/or drug abuse; 2. All residents actively participate in legitimate programs, including, but not limited to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) programs, and maintain current records of meeting attendance; 3. All owners, managers, operators, and residents observe and promote a "zero tolerance" policy regarding the consumption or possession of alcohol and controlled substances, except for prescription medications obtained and used under direct medical supervision; 4. There is a written policy dealing with the use of drugs or alcohol; 5. Owners, operators, managers and residents do not provide on-site, nonmedical services including any of the following services as they are defined by Section 10501(a)(6) of Title 9,California Code of Regulations: a. detoxification; b. educational session; C. individual or group counseling sessions; d. treatment or recovery planning; 6. The number of residents subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5, and does not violate the distance provisions set forth in Penal Code Section 3003; 7. Residents do not require non-medical care and/or supervision as those terms are defined at Health & Safety Code Section 11834.26 and Section 80001(c)(3) of Title 22 of the California Code of Regulations; 8. The operators and/or residents maintain current membership in a recognized nonprofit organization of sober living homes that provide a credible quality assurance service for applicants or members or have received a sober living home certification from the State of California Department of Alcohol and Drug Programs; and 9. Owners, managers, operators, and residents ensure that the property and its use comply with all applicable state and local laws. Section 3. The Residential Uses listed in Table 2-3 Allowed uses and Permit Requirements for Residential zoning districts of Section 22.08.030 is hereby amended to read as follows: TABLE INSET: Permit Requirements by District See Land Use (1) RR RL RLM RM RMH RH Standards in Section: RESIDENTIAL USES Duplexes P P P Guest house P p 22.42.060 Group Residential CUP CUP CUP 22.42.140 Home occupations P P P p p P 22.42.070 Manufactured housing units P P P P P P Section 4. A new Section 22.42.140 Group Homes added to Title 22 of the Diamond Bar Municipal Code to read as follows: 22.42.140 Group Homes (a) Group Homes 1. Purpose. The intent and purpose of regulating Group Homes is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. 2. Additional Application Filing Requirements. The application for a Group Home for which a CUP under Section 22.08.030 is required shall include the following additional information: Mobile home parks CUP CUP CUP CUP CUP CUP Multifamily dwellings P P P Organizational houses Parolee -Probationer Homes CUP CUP CUP 22.24.140 Residential accessory uses and structures P P P P P P 22.42.110 ' fewer-ellen s r 1' P_ P_ P_ 1, P sidei4iai ea -re hemes, 7vc ire -e ieiits-- — — — P - CUP CUP - Residential Care Facilities, CUP CUP CUP General Residential Care Facilities, P — P — P — P — P — P Small Licensed Residential Care Facilities, P — P — P — P — P P Small Unlicensed Second units P P 22.42.120 Senior citizen housing P P P P P P Single-family dwellings or single-family residential P P P P P P Section 4. A new Section 22.42.140 Group Homes added to Title 22 of the Diamond Bar Municipal Code to read as follows: 22.42.140 Group Homes (a) Group Homes 1. Purpose. The intent and purpose of regulating Group Homes is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses. 2. Additional Application Filing Requirements. The application for a Group Home for which a CUP under Section 22.08.030 is required shall include the following additional information: A. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.); B. Maximuni number of occupants and hours of facility operation; C. Term of occupant stay; D. Support services to be provided on-site and projected staffing levels; and E. Rules of conduct and/or management plan. 3. Operation and Development Standards for Group Residential a. Sufficient on-site parking shall be provided as required in this Title. The precise number of parking spaces required will be determined based on the operating characteristics of a specific proposal. b. Both indoor and outdoor common areas shall be provided on site. c. The facility shall provide no more than 15 beds and shall serve no more than 15 persons at any one time. d. The facility may provide one or more of the following common facilities for the exclusive use by residents: i. Central cooking and dining area(s) ii. Recreation room iii. Laundry facilities e. A Group Residential facility shall not be located within 300 feet of any other Group Home. 4. Location Standards for Parolee and Probationer Homes a. To avoid over -concentration of Parolee -Probationer homes, there shall be a 5000 foot separation requirement between parolee/probationer homes as measured from the nearest outside building walls between the subject use and any other parolee/probationer housing. b. A Parolee -Probationer Home shall not be located within 1320 feet of any other Group Home, a public or private school (pre-school through twelfth grade), university, college, child day care home and center, public park, library, bar, cocktail lounge, tavern or business licensed for off-site sales of alcoholic beverages as measured from any point on the outside walls of the parolee/probationer housing to the nearest property line of the noted use. Operation and Development Standards for Parolee and Probationer Homes a. Sufficient on-site parking shall be provided in accordance with this Title. The precise number of parking spaces required will be determined based on the operating characteristics of the specific proposal. b. Both indoor and outdoor common areas shall be provided on site. e. On-site staff supervision shall be required during all hours of facility operation. d. Individual client stays shall not exceed 180 days. e. The facility's management shall participate in any formal residential crime prevention program (e.g., Crime Free Multi -Housing Program) provided by the City and as required under the CUP. If the program offers certification then that certification shall be obtained and maintained in current status. f. All property owners within 1,000 feet of the proposed facility, as measured from the subject property lines, shall be notified of the proposed CUP. g. An existing Parolee -Probationer Home established pursuant to any permit discontinued for any period of time is deemed abandoned. Any subsequent establishment of Parolee -Probationer Home shall be required to first obtain a new Conditional Use Permit. Section 5. Existing Facilities All Group Homes in existence prior to April 1, 2010 shall be in full compliance with the requirements of this ordinance within one year after the date of adoption of this Ordinance. It is the burden of the Group Home owner, operator or occupants to demonstrate existence prior to April 1, 2010. An owner of such an existing group home may request that the City Council grant a time extension of up to six months beyond the required compliance deadline. Requests shall be in writing, including written documentation of the reason for the deadline, and shall be filed with the Director of Community Development prior to the deadline date for compliance. The City Council may grant an extension to the amortization period if the following findings are made: 1. The amortization period as applied to the applicant is legally unreasonable due to special facts or circumstances; 2. The extension of time granted is the minimum amount of time necessary to assure that the amortization period is reasonable; and 3. The extension of the amortization period will not have a significant adverse effect on the public health, safety or welfare. In determining whether the period of amortization is reasonable as applied to an individual applicant, the City shall consider all relevant factors including, but not limited to, such factors as the length of the amortization period, the extent of the nonconformity, the amount of the investment in the use, length and remaining term of any lease under which nonconforming use is maintained, and harm to the public if the use remains in existence beyond the amortization period. The filing of such a request shall stay further action under this Ordinance until a final decision by the Council is made. The Director is directed to provide written notice to all establishments in existence on the adoption date of this Ordinance, notifying each of the adoption of this Ordinance, the requirements herein, and the schedule for compliance. Section 6 A new Section 22.02.060 Reasonable Accommodation is added to Title 22 of the Diamond Bar Municipal Code to read as follows: Section 22.02.060 Reasonable Accommodation. (A) The purpose of this section is to establish the process for disabled persons to request reasonable accommodation in the application of the City's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the City. (B) Process for requesting reasonable accommodation. 1. A completed application form and the required fee provided by the Community Development Department. (a) A description of how the property will be used by the disabled individual(s); (b) The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence; (c) A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City; (d) Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested. (C) Decision on application. 1. The Director shall consider an application for a minor reasonable accommodation. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request with or without nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to the Planning Cominission, which shall render a decision on the application in the same manner as it considers a major reasonable accommodation. The Director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. 2. The Planning Commission shall consider an application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the Director. The Planning Commission shall (1) grant the accommodation request with or without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the Planning Commission meeting shall be made in writing, 10 days prior to the meeting and mailed to the applicant and property owners who are located immediately adjacent to the subject property. The Commission may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant 3. If necessary to reach a determination on any request for reasonable accommodation, the Director may request further information from the applicant consistent with this Chapter, specifying in detail what information is required. In the event a request for further information is made, the 30 day period to issue a written determination shall be stayed until the applicant reasonably responds to the request. (a) The Director, Planning Commission or City Council shall approve the request for a reasonable accommodation subject to the following findings: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws. 2. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws. 3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration of the nature of the City's zoning or building laws, and policies and procedures, as "fundamental alteration" is defined in fair housing laws and interpretive case law. (b). Factors. In making a decision regarding the reasonableness of the requested accommodation, the following factors may be considered: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility or sober living home or similar group home for the disabled, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 4. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 5. Whether the accommodation would result in a substantial increase in traffic or insufficient parking; 6. Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan; 7. In the case of a residential care facility or sober living home or similar group home for the disabled, whether the requested accommodation would create an institutionalized environ nient due to the number of and distance between facilities that are similar in nature or operation. 4. The reasonable accommodation shall be subject to any reasonable conditions unposed on the approval that are consistent with the purposes of this Chapter. 5. That the reasonable accommodation shall only be applicable to the particular individual(s) or property. (D) Appeals. 1. The Director's decision on a minor reasonable accommodation may be appealed to the Planning Commission within 10 days of the date the City issues the written determination. (a) The appellant shall pay an appeal fee as established by resolution of the City Council. (b) The Planning Commission shall conduct a duly noticed public hearing as described within this Title prior to taking action on the appeal. (c) The appeal shall be filed with a written statement of the basis for the appeal, and shall state all facts and arguments known to support the claim. 2. The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions in Chapter 22.74. (E) Waiver of time periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending appeal. 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U< U< U< ¢' l Q a.E iJ i a. cc JQ a� J aX J¢ x m 0 IZ 0 0-0 0-0 2 0 ¢ L ¢ L ¢ L ¢ L Q L C: O N U J jl� Z 0 c w a w W � Q co LU z E w E w U -p?� _ III p� J w y J i-•' Vl .sem 0 °' w w U � F- C 0 S.E Iw-.5 u) � E ca U)w U)o d' N V I p � z t, -N z U_ U N N CO Q.N ¢ L U « J U ( (9 J X ¢ l I i a 0 Z U Z I O I- L'7 f� O C Or Q] i C5O O i O CO ON I N d N N V l ; C: O N U J jl� Z 0 c w a w W � Q co LU z E w E w U -p?� _ III p� J w y J i-•' Vl .sem 0 °' w w U � F- 0 S.E Iw-.5 u) � E �, U)w U)o d' N V I p � z t, -N z M� N N CO CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On March 23, 2010, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On March 19, 2010, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 19, 2010, at Diamond Bar, California. c Stella IVlarquez Community Develo dent Department g•\\affidavitposting doc PLANNING COMMISSION RESOLUTION NO. 2010 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING MINOR CHANGE TO DEVELOPMENT REVIEW NO. PL 2007-06 TO CONSTRUCT A NEW THREE- STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 181 OF TRACT 30578, LOCATED AT 2502 RAZZAK CIRCLE, DIAMOND BAR, CA 91765 (APN 8713- 009-066) A. RECITALS The Planning Commission considered an application filed by Robert Larivee of Award Winning Designs, on behalf of the property owner, Mr. Wasif Siddique, requesting approval of minor changes to an approved plan to construct a new three-story single-family residence located at 2502 Razzak Circle. 2. The subject property is made up of one parcel totaling 1.67 acres. It is located in the Rural Residential (RR) zone and is consistent with the rural residential land use category of the general plan. 3. The legal description of the subject property is Tract 30578, Lot 81. The Assessor's Parcel Number is 8713-009-066. 4. On March 23, 2010, 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The 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 determines the Project to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and that a minor change does not require additional environmental review. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.66.060, this Planning Commission hereby finds as follows: Planning Commission Resolution No. 2010 -XX The changes are consistent with all applicable provisions of this development code and the spirit and intent of the original approval; The rotation of the entry rotunda approximately 16 degrees to the left (clockwise), removing the bend in the porte cochere, and slight adjustment to the exterior windows are minor changes and does not change the overall design of the original approval. 2. The changes do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project; The original project was categorically exempt from the requirements of the California Environmental Quality Act and did not require the preparation of a negative declaration or environmental impact report. 3. The changes do not involve a feature of the project that was specifically addressed or was'a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the director, hearing officer, commission, or council) in the approval of the permit; and The minor changes do not involve any features of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the planning commission on May 13, 2008. 4. The changes do not result in an expansion of the use; The rotation of the entry rotunda approximately 16 degrees to the left (clockwise), removing the bend in the porte cochere, and slight adjustment to the exterior windows are minor changes that do not result in an expansion of the use. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, Mr. Robert Larivee, Award Winning Designs, 17 Rue De Chateau, Aliso Viejo, CA 92656, and the property owner, Mr. Wasif Siddique, 11076 Venture Drive, Mira Loma, CA 91752. 2 Planning Commission Resolution No. 2010 -XX APPROVED AND ADOPTED THIS 23" DAY OF MARCN 2010,-, BY THE PLANE INC,, ,,t,; COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, Chairman 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 23rd day of March, 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 Planning Commission Resolution No 2010 -XX Fft 1"ifevro., and ItMody for ar.,