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HomeMy WebLinkAbout08/14/2001PLANNIN( FILE COPY COMMISSION AGENDA South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Bob Zirbes Joe Ruzicka George Kuo Steve Nelson Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 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 accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 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 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 and Development Services 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) 396-5676 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) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday, August 14, 2001 CALL TO ORDER: 7:00 p.m. Next Resolution No. 2001-29 PLEDGE OF ALLEGIANCE: 1 ROLL CALL: COMMISSIONERS: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, George Kuo, Steve Nelson, and Steve Tye. 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 voluntary.) 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: July 24, 2001. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Standards Requiring the Installation of Front yard Landscaping within Residential Zones: At the July 24, 2001, meeting, the Planning Commission directed staff to review the Development Code regarding standards requiring August 14, 2001 Page 2 PLANNING COMMISSION the installation of front yard landscaping within residential zones. Staff will present a review of regulations from local cities. ' RECOMMENDATION: Staff recommends that the Planning Commission discuss the attached information and direct staff appropriately. 7. CONTINUED PUBLIC HEARING: None. 8. PUBLIC HEARING: 8.1 Conditional Use Permit No. 94-04(2) (pursuant to Code Section 22.66.060 - Changes to an Approved Project) is a request to modify a project approved by the Planning Commission on March 13, 1995 which allowed the construction of Pantera Park. The modification request would change the existing' time schedule for operating the ball field lights. Current schedule: Sunday through Thursday - Sunset to 8:00 p.m. and Friday through Saturday - Sunset to 9:00 p.m. Proposed schedule: Daily except Wednesday - Sunset to 9:00 p.m. and Wednesday - Sunset to 10:00 p.m. The proposed schedule is temporary until the renovation of Peterson Park turf areas are completed. If approved, the temporary schedule will commence in mid-August and conclude by December 31, 2001. PROJECT ADDRESS: APPLICANT: 738 Pantera Drive Diamond Bar, CA 91765 City of Diamond Bar 21825 E. Copley Drive Diamond Bar CA 91765 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(d), the City has determined that this project is categorically exempt. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 94-04(2), Findings of Fact, and conditions of approval, as listed within the resolution. August 14, 2001 Y Page 3 PLANNING COMMISSION 9. PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: 10.1 Census 2000 and Revenue Correlation. 10.1 Public Hearing dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK: COMMUNITY COORDINATING COMMITTEE: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: DIAMOND BAR NIGHT AT THE QUAKES: ADMINISTRATIVE REVIEW: Wednesdays 6:30 p.m. — 8:00 p.m. Sycamore Canyon Park 22930 Golden Springs Drive August 15, 2001 - "Instant Replay" (Classic 50's & 60's) August 22, 2001 (Last of Summer Series) — "Westwind Review" (Luau) - "Tremor", Quakes Mascot, will be there from 6:00 —7:00 p.m. Monday, August 20, 2001 — 7:00 p.m. AQMD — Room CC -2 21865 E. Copley Drive Tuesday, August 21, 2001 — 6:30 p.m. AQMD Auditorium 21865 E. Copley Drive Thursday, August 23, 2001 — 7:00 p.m. AQMD Board Hearing Room 21865 E. Copley Drive Saturday, August 25, 2001 — 5:00 p.m. Quakes Stadium Tuesday, August 28, 2001 — 6:00 p.m. AQMD Auditorium 21865 E. Copley Drive August 14, 2001 Page 4 PLANNING COMMISSION PLANNING COMMISSION Tuesday, August 28, 2001 — 7:00 p.m. MEETING: AQMD Auditorium 21865 E. Copley Drive TRAFFIC AND TRANSPORTATION Thursday, September 13, 2001 — 7:00 p.m. COMMISSION MEETING: AQMD Board Hearing Room 21865 E. Copley Drive 12. ADJOURNMENT: AFT W MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 24, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Tye. 1. ROLL CALL: Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, and Commissioners Steve Nelson and Steve Tye. Commissioner Kuo arrived at 7:07 p.m. Also Present: James DeStefano, Deputy City Manager; Ann J. Lungu, Associate Planner; Dave Meyer, Planning Consultant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of July 10, 2001. VC/Ruzicka moved, C/Tye seconded, to approve the minutes for the regular July 10, 2001 meeting as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Ruzicka, Tye, Kuo, Nelson, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None JULY 24, 2001 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLICHEARING: None 8. PUBLIC ARING: Uln AFT 8.1 Variance No. 2001-06 (pursuant to Code Sections 22.54 is a request to construct a wrought iron perimeter fence and entry gates that will exceed the maximum a] lowable, height within the front setback. 10 960 VVSHWA�a 011 APPLICANT: 2859 Watercourse Drive Diamond Bar, CA 91765 Mr. Liu 2859 Watercourse Drive Diamond Bar, CA 91765 Rodney Tapp 351 S. Thomas Street Pomona, CA 91766 PC/Meyer presented staff's report. Staff recommends that the Planning Commission approve Variance No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. Jeff Chan, speaking on behalf of Rodney Tapp, Land Design, said he is familiar with the project and concurs with staff's recommendations for approval with the following clarifications: The actual gateway at the driveway would not be 10 feet high. The pilasters on either side extend to 10 feet in height. The gate varies from 9 feet to 91/2 feet in height. The ornate wrought iron fence was constructed in China and is being shipped to Diamond. Bar. The gate is transparent and does not block the view and instead, enhances the view. The project site is a double lot. The house is 20,000 square feet and the wrought iron gate assembly is in proportion to the structure. Jeff Chan indicated to C/Nelson that the maximum height of gates for adjacent properties are about eight feet. Jeff Chan responded to Chair/Zirbes that the minimum front yard setback the applicant is seeking would be at about 15 feet where the gate curves parallel to the house. Chair/Zirbes opened the public hearing. Bill Lew, President, Crystal Ridge Homeowners Association, 2855 Bently Way, said that this matter was never brought to the attention of the association's architectural committee. This is a massive house in the Phase 11 development. Other houses in the phase are about 10,000 to 12,000 square feet. He can understand that this homeowner would like a gate JULY 24, 2001 [�t RA 7 PAGE 3 PLANNING COMMISSION that is compatible with his house. However, he believes the gate should be compatible with the neighborhood. He has no problem with the five foot fence, the six foot pillars and the recommended eight foot gate. He believes that if this matter had been brought to the attention of the committee prior to construction of the gate, a compromise could have been reached. The fact that the applicant has paid money to. have a gate constructed is not sufficient reason to allow him to proceed with the installationof the gate as proposed. Any installation should be compatible with the neighborhood. Therefore, the gate should be reconfigured to extend a maximum of eight feet in height. In addition, the 10 foot pillars are too high and should be reduced to eight feet. He said he has no problem with a 60 foot wide gate but he has a problem with a reduction in the front yard setback from 25 feet. To allow the gate and fence to be parallel to the entrance of the house may detract from the compatibility of the neighborhood because there is no other gate or fence in the neighborhood that is angled to the house. Every other fence and gate in the neighborhood is parallel to the street. Mr. Lew responded to C/Nelson that he is present at tonight's meeting as a representative of the Crystal Ridge Homeowners Association. He is not a member of the architectural committee. Tom Wong, 2893 E. Crystal Court, stated that in his opinion, the house is huge. It was built by JCC and not approved by the homeowners' association architectural review committee. While the board cannot control the size of the houses, the landscape footprint should be approved by the board. Hopefully, the Commission will approve something that is compatible with the neighborhood . It is his hope that the applicant will reconsider his proposal based upon his and Mr. Lew's concerns and suggestions. Chair/Zirbes closed the public hearing. C/Tye asked if -approval of the homeowners' association architectural review committee is required. CP/Meyer responded that the City does not enforce the CC&R's for private homeowners' associations. He assumes that as a matter of courtesy, proposals would be brought before the association. He said that in this situation, he did not know that the protocol was to direct the applicant to go to the review committee and bring those recommendations to the City. DCM/DeStefano stated that this project enjoys an experienced team of landscape architects and designers who know that the property is within a homeowners association. As a matter of policy, the City encourages property owners/developers to seek the association's approval. It is not a requirement. The City does not enforce CC&R's and it is not the City's position to assure that the property has been reviewed' and/or approved by a homeowners association. JULY 24, 2001PAGE 4 L VC/Ruzicka asked Mr. Chan what it would take to change the site improvements to bring it into compliance with the association's requirements and render it compatible with the surrounding neighborhood. Mr. Chan responded that the site improvements can be changed if it is the desire of the Commission to do so. As landscape architects for the project, he did not "seek approval from the homeowners' association. His firm contacted the City to garner the proper procedures. VC/Ruzicka said that during his five or six years on the Commission he has not been aware of any other project that did not have prior approval from their homeowners association. C/Kuo asked if Mr. Chan is willing to work a compromise with the association's architectural review committee in order to seek approval from the City or is the applicant insisting that the original design be considered. Mr. Chan said that at this point he would prefer that the Commission review the design as proposed and act upon it. If it is the Commission's request that the applicant first review the project with the homeowners association, the applicant will comply with that request. The applicant would have initially gone to the review board had he known that it was the proper protocol. VC/Ruzicka moved to continue Variance No. 2001-06 to August 28, 2001, in order to allow the applicant sufficient time to allow for review and approval of the proposed project by the Crystal Ridge Homeowners Association architectural review committee. The motion died for lack of a second. Chair/Zirbes moved, C/Tye seconded, to continue Variance No. 2001-06 to September 11, 2001, and direct the applicant to return with revised plans that more closely comply with the recommendations of the City's planning staff. In addition, the applicant is advised that he may seek advise or input regarding this proposal from the Crystal Ridge Homeowners Association. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Chair/Zirbes, Tye, Kuo, Nelson, V/C Ruzica None None 8.2 Tentative Parcel Map No. 26235 (pursuant to Code Sections 22.20), is a request to approve the subdivision of two parcels totaling 5.5 acres into three parcels for the future construction of three custom single-family homes. PROJECT ADDRESS: Oak Knoll Drive Diamond Bar, CA 91765 JULY 24, 2001 71. j�- LN` \;& k- - L --: ;!` PAGE 5 L- PLANNING COMMISSION C&A Developers 3480 Torrance boulevard,.Suite 300 Torrance, CA 90503 Diamond Bar East Partners 3480 Torrance Boulevard, Ste 300 Torrance, CA 90503 CP/Meyer presented staff's report. Staff recommends that the Planning Commission C. approve Tentative Parcel Map No. 26235, Findings of Fact, and conditions of approval, as listed within the resolution. Kurt Nelson, applicant, stated he concurs with staff's conditions of approval. He explained how lot line adjustments have reduced the density from what was originally contemplated. Chair/Zirbes opened the public hearing. Bill Lew, speaking as a homeowner, said he has no problem with the five lots. He expressed concern that there was a rumor afoot that the applicant intended to reduce the pad size of certain lots by further subdividing the parcels. He does not want smaller homes in the neighborhood because he feels it would adversely effect the values of the other homes. He has been assured by the applicant that this will not occur. Tom Hwang presented a letter from Tim Soong, M.D. to the Commission citing reasons for requesting denial of the proposed subdivision. Kurt Nelson said he does not recall building a home for Dr. Soong and does not recall.. hearing of any complaints about the construction of his home and does not understand the relevance of a letter of complaint about a specific home to the proposal before the Planning Commission. Mr. Hwang said that he moved into his residence six months ago and he is still waiting for certain items to be completed. C/Tye said he has a problem with one resident presenting an unsigned letter purportedly written by another resident. He does not see the relevance of the letter to this proposal and requested that it be disregarded. Chair/Zirbes closed the public hearing. C/Nelson suggested that Mr. Lew advise homeowners that it is a violation of the California Fish and Game Code and the Migratory Bird Treaty Act punishable by fine and/or imprisonment, to knock down swallow nests. 17 :7 JULY 24, 2001 - a­�L L 14- PAGE 6 PLANNING COMMISSION VC/Ruzicka moved, C/Nelson seconded, to approve Tentative Parcel Map No. 26235, Findings of Fact, and conditions of approval, as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Ruzicka, Nelson, Kuo, Tye, Chair/Zirbes None None 8.3 Conditional Use Permit No. 96-10(2) and Development Review No. 96-09(2) (pursuant to Code Sections 22.66.060) is a request to renew an existing Conditional use Permit and Development Review approved by the Planning Commission on August 25, 1998, for three years. The Planning Commission approval allowed the installation of the unmanned wireless telecommunications facility, which is currently operational. I 24401 Darrin Drive (Lot 51, Tract No. 42584) Diamond Bar, CA 91765 Eric and Robin Stone 24401 Darrin Drive (Lot 51, Tract No. 42584) Diamond Bar, CA 91765 APPLICANT: Cox PCS Assets LLC/Cingular Wireless 4683 Charbot Drive #100 Pleasanton, CA 94588 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-10(2), and Development Review No. 96-09 (2), Findings of Fact, and conditions of approval, as listed within the resolution. VC/Ruzicka said he has a concern with inclusion of the term "in perpetuity" in any resolution with regard to future ownership. Ryan Leaderman, representing Spring PCS, asked for the Commission's approval. He pointed out the built-in assurances for the City's protection. VC/Ruzicka said that he would be more comfortable with a 10 year grant. Mr. Leaderman responded to C/Nelson that most installations in Los Angeles County are granted in perpetuity. Other jurisdictions may limit grants to 10 or 20 years. Chair/Zirbes opened the public hearing. JULY 24, 2001 PAGE 7 PLANNING COMMISSION There being no one who wished to address the Commission on this matter, Chair/Zirbes closed the public hearing. C/Tye pointed out that it is to the credit of the Commission that their initial oversight of this project has led to its success. He agrees that the project should be reviewed* on a regular basis to ensure that the applicant remains a good neighbor. VC/Ruzicka moved to approve Conditional use Perrmit No. 96-10(2) and Development Review No. 96-09(2), Findings of Fact, and conditions of approval, as listed in the resolution, with the following modifications to Condition (e) on Page 2 and Condition (e) on.Page 6 of the resolution: Strike "in perpetuity" and add in its place, "subject to a review by the Planning Commission in August, 2008." C/Tye asked that the motion be amended to state "subject to a review by the Planning Commission in August, 2006" to which VC/Ruzicka agreed. C/Tye seconded the amended motion. Motion carried by the following Roll Call vote: C� AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Ruzicka, Tye, Kuo, Nelson, Chair/Zirbes None None 8.4 Development Review No. 2001-09 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence with a four -car garage, porch, patio and balcony for a total of approximately 14,052 square feet. 2817 Crystal Ridge Road (Lot 26 of Tract No. 47850) Diamond Bar, CA 91765 Diamond Bar West, LLC 3480 Torrance Boulevard, Suite 300 Torrance, CA 90503 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-09, Findings of Fact, and conditions of approval, as listed within the resolution. Kurt Nelson, applicant, stated he read staff's report and concurs with the conditions of approval with Condition 5 (c) on Page 4 stating "within 60 days of final inspection." as indicated by AssocP/Lungu. Chair/Zirbes opened the public hearing. JULY 24, 2001 PAGE 8 There being no one present who wished to comment on this item, Chair/Zirbes closed the public hearing. Y C/Nelson moved, C/Kuo seconded, to approve Development Review No. 2001-09, Findings of Fact, and conditions of approval, as listed within the resolution, subject to correction to Condition 5(c) on Page 4. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Kuo, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9. PLANNING COMMISSION COMMENTS: C/Nelson requested replacement of the street sign on Delta Drive at Summitridge Drive. C/Tye offered kudos to the code enforcement officer for removing temporary signs last weekend. DCM/DeStefano stated that recourse is to first have code enforcement remove the signs after which letters, citations,• visits with the District Attorney, can occur. If there are violations to the use permit, further action may be taken. With respect to used cars in the Kmart parking lot, the City has a section in its code which allows for temporary uses such as carnivals, book sales, Christmas tree lots, movie productions, etc. Outdoor display of merchandise for sale is also a temporary use. A permit was issued for the event that took place last weekend. Whether Diamond Bar will directly benefit from point of sale tax is yet to be determined. DCM/DeStefano responded to C/Tye that DSA/Smith has been working with . Pulte Homes regarding the equipment on Diamond Bar Boulevard. Pulte Homes indicated that they will be installing an instant dense hedgerow. Chair/Zirbes asked if the City's codes contain a requirement that a residential property provide front yard landscaping. DCM/DeStefano said he does not believe the City has a code requiring front yard landscaping. However, the code caps the percentage of driveway of the front yard. Chair/Zirbes requested that this matter be agendized for discussion by the Planning Commission. 10. INFORMATIONAL ITEMS: 10.1 Public )Nearing dates for future projects. As detailed in the agenda. JULY 24, 2001 PAGE 9 PLANNING COMMSSION 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Zirbes adjourned the meeting at 9:06 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Bob Zirbes INTEROFFICE MEMORANDUM TO: . Chairman and Planning Commissioners VIA: James DeStefano, Deputy City Mana �G� FROM: Ann J. Lungu, Associate Planner SUBJECT: Standards Requiring the Installation of Front Yard Landscaping within Residential Zones DATE: August 6, 2001 At the July 24, 2001 meeting, the Planning Commission directed.. staff to review the Development Code regarding standards requiring the installation of front yard landscaping within residential zones. The City's Development Code refers to landscaping requirements for residential properties within the front and front side yards as follows: Page 111-67, Section 22.24.040 - Landscape Area Requirements. C. New Single-family Residences. New single-family development shall provide landscaping with an automatic irrigation system for the area of the site between the street curb and the front of the structure from side property line to side property line. The landscape design shall include trees, shrubs, and groundcover and shall emphasize water -conserving plant materials and irrigation to the greatest extent feasible. Turf areas shall be limited to 50 percent of the total landscape area. Page 111-118, Section 22.34.030 - Single-family Standards (Chapter 22.34 - Property Maintenance Standards). D. All landscape areas within the front or side yard abutting a street shall be kept in a neat and clean condition, substantially free of debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed, trimmed, and pruned adequately watered so as to maintain healthy growing condition. Irrigation systems shall be maintained to prevent public health or safety hazards. Several cities were surveyed regarding this issue. Regulations of the cities that responded are attached to this memo for your perusal. Brea, LaVerne and Rancho Cucamonga have no particular standards related to this issue. The remaining responding cities require the front and street side yards to be landscaped consisting predominantly of plant material (lawn, trees, shrubs, or other plant materials) except for necessary walks, drives and fences. It is required that within residential zones property shall be permanently maintained in a neat and orderly manner so as not to detract from the appearance of the immediate neighbor- hood and to protect the health safety and welfare of the users, occupant, and general public. One City requires that the landscaping/irrigation be installed within 180 days of the Certificate of Occupancy. A couple of cities consider lack of landscaping in the front and street side yards within residential zone a public nuisance which is detrimental to the public health, safety or general welfare and detrimental to property values. Additionally, maintaining a residential property so out of harmony or conformance with the maintenance standards of adjacent properties is considered to cause substantial diminution of the enjoyment, use or property values of such adjacent properties. RECOMMENDATION: Staff recommends that the Planning Commission discuss the attached information and direct staff appropriately. Attaclimehts: Landscape Standards from: Yorba Linda Claremont Arcadia Glendora Upland Walnut CC: Linda Smith, Development Services Assistant Al Flores, Code Enforcement Officer iJ 9 ri— /JUL 30 '01 08:36W CITY OF YORBA LINDA P.` w !8.16.100 R.A RIA R -E 9-8 R•U R.M I I nWOM elft.. - eaeeei 0 15' in heigh6 m eat 10 10 10 i0 10 10 14. aimmoe bmw. biya. .iioeoft ler now eland is- in M18hL in fee 10 10 10 10 10 10 (Ord. 185 g 9.2M). 1972 18.16.110 Special requirements A. In an R -M zone. any building exceeding fifteen feet in height shall maintain a minimum sexback of fifty 'feet from any single-family zone: any building less than fifteen feet in height shall maintain a minimum setback of twenty feet from any single-family zone. B. In any R zone- public or semipublic uses shall maintain a minimum setback of fifty feet from any single-family zone. C. In any R zone. front yard setbacks in subdivision developments may be reduced by twenty-five percent provided the average of all setbacks is not less than the minimum required for the zone. D. In any R zone. horses and cleft -hoofed animals. when permitted shall not be kept in the required front yard area. or street sides required side yard ans- a, In any R zone. A two-story building or two-story room addition closer than seventy feet to an existing single-family residence shall require that a conditional use permit be approved by the zoning administrator. per the requirements of Chapter 18.66, prior to the istsuame of a building permit. fie seventy feet shall be measuicd ft'om the edge of any new two-story construction to the closest edge of any existing single-family residence exclusive of the garage. F. In any R tone. parking of motor vehicles shalt be subject to the mquiremetns of the Sample Residential Lex Plan codified m the end of this chapter and subject to the following: I. -No motor vehicle maybe parked in the front yard: 2 The parking of any inoperable. wrecked or dis- mantled vehicle is prohibited unless the vehicle is enclosed within a building in a lawful mama where it is not visible from the street or other public or private property. 3. The parking of any comme:zial vehicle having a manufactures gross vehicle weight rating of six thousand pounds or more. including special equipment and uuck-uacrors but excluding recreational vehicles such as campers and motor homes. in or on any part of R -zoned Property is prohibited except as is reasonably necessary to pick up or deliver goods, wags. or merchandise from or to any structure located in such zone. or for such time as is reasonably necessary for the purpose of delivering materials to be used in the =Iwl repair. alteration. re- 1yeft UMB 10.9]) 180 modeling. or consanrcuon of any building or structure in such zone for which a building permit has previously been Obtained from the City. 4. The Sample Residential Lot Platt is set out in Figure 18.16-I at the end of this cb*wr. (Ord. 91-68011(patt)., 1991: Ord. 185 f 9.2(A). 1972) 18.16.120 Perfotrmanim staadards. A. In all R zones. air eonditid>ottrs. antennas. hinting. cooling. ventilating equipment and all other mechanical. lighting or electrical devices shall be so --casted that they do riot disturb the peat quiet and comfort of neighboring residents and shall be screened frau stuiOunddn6ptoperties aril stress. Addidonally, no such equipmentslmil be dneanmd in the required frrmt yard. street sidti yard. or closer than twenty fat to any residential dwedting on adjacent ptorper- tieL All equipment shall be installed and operated in acc mance with all other applicable eordWoute 3. In all R zonm required front and street side yards shall be landscaped and shall consist predominantly of plant M21 rials except for necessary walks. drivea and fence:. 8C In the R -M zone. a minimum of thirtyfrve pett:ettt of the site area exclusive of private patio yards and atm shall be landscaped mid provided with an adequate under- ground irrigation system. The required landscaping may include outdoor recreation areas. All required landscaping shall be permanently maintained in a new and orderly condition. B. Where a multiple4milY dwelling. inchift insadaw tal or required accenscory uses abuts ptopenY in a single-family zone, a masonry wail five feet in height And semen landw-Ving at Most rave [min width s hall be dosed and maintained between such uses and the single-family zone. F. No relocations (move -ons) will be permitted within residential zones in the City. This prohibition shall not be construed to apply to modular housing. G. In any R zone. solar energy symm shall be pm tit - ted subject to the following proviskM 1. Where practical, solaredlectorpanels stall be roof mounted. Solar storage tanks and associated egttipnterlt. shall be ground moumod. 2. If the system is dm the front root: or if Ute $Ystem is clearly visible to public view. then the solar units shall be boxed in a decorative redwood or cedatwood frame. or other similar sexemting device. 3. if the system is reversed racked to obtain proper orientation. the sacking supports are to be housed in an e:ncasameni constructed and designed to be compatible with the house. M ANT COMMUNITY DEV 909 399 5327 07/30 '01 09:42 N0.045 02/02 eA7 0 chapter 4 Part l Setbacks, Yard L ndscaping Standards, and Heights of Buildings and Structures 413 YARD LANDSCAPING REQUIREMENTS Property owners are responsible to ensure the following standards are continually met: A. All yard areas visible from the .street shall be landscaped, except surfaces of driveways, parking spaces, and pedestrian paths. No parking is allowed in front or street side setback areas except iri private residential driveways leading to paved parking areas located outside setback areas. B. In residential districts at least 50 percent of the front and street side setback areas are required to be landscaped. C. All parking spaces, paved areas for vehicular access, and parking area landscaping shall comply with the development *standards of the district in which they are located and the design standards of Chapter 4, Part 3, Parking and Loading Space Standards. '7 D. The required landscaping of all yard areas visible from the street shall be installed within 180 days of the Certificate of Occupancy for all single-family dwellings. Prior to commencing the construction or installation of the landscaping improvements required by this subsection, the property owner(s) shall ensure that all plans are approved by the City and permits secured. E. When the landscaping of all yard areas visible from the street has not been maintained, such yard areas shall be re -landscaped within 90 days after a notice of non-compliance has been given to the property owner of record. (Ord. 91-9,12/10/91; Rev. Ord. 2000-13, 12/12/2000) 414 BUILDING SEPARATION IN SINGLE FAMILY RESIDENTIAL DISTRICTS A. In single-family residential districts, the floor area of any accessory building located less than six feet from a main residential building shall be included in the floor area calculation of the main residential building. The accessory building shall still be Subject to all accessory building standards. 4/1-6 07-30-01 10:14am From -CDD 6264479173 K-' Kegultions of the following day on any part of any Property zoned or used for residential purposes. 252.2.14. LANDSCAPING QUCRFNIENTS. REQUIRED 'YARDS AND SETBACK AS. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and - shall be permanently maintained in a neat and orderly manner. Pedestrian walkways and vehicular accessways shall not occupy more than forty percent (40%) of the required front yard. 9252.2.15. EXTERIOR LIGHTING. Exterior Iighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted a maximum of fifteen feet (15') above the adjacent finished floor level on any exterior wall or structure. T-915 P.02/04 F-655 A)rcAv1,4' .16 - Exhibit B — Ordinance 2114 UNWSAMMIMIle 92532.2. DWELLING UNIT DENSITY. Density shall not exceed more than one dwell- ing unit per three thousand seven hundred and filly (3,750) square feet of lot area. (Former Sec- tion was repealed and a new Section added by Ord. 1666 adopted 2-6-79; amended by Ord. 1715 adopted 3-3-81) 9253.23. BMDING HMGAT, No building hereafter erected, constructed or established shall exceed two (2) stories or thirry- five (35) feet in height. (Former Section was re- pealed and a new Section added by Ord. 1666 adopted 2-6-79; amended by Ord. 1715 adopted 3-3-81) FRONT YARD, There shall be a front yard of not Iess than twenty-five feet (25'). Vehicular accessways shall not occupy more than twenty-five percent (25%) of the required front yard, and at least fifty percent (50%) of the required front yard shall be irrigated and landscaped with lawn, trees, shrubs or other plant materials. Said yard shall be permanently maintained in aneat and orderly manner. (Former Section was repealed and a new Section added by Ord. 1666 adopted 2-6-79; amended by Ord. 1715 adopted 3-3-81) 9253.25. SIDEYARD. On interior lots there shall be a side yard on each side of every building of not less than five feet (5') in widih or, in the case of a two-story building, the width shall be not less than ten feet (10'). On corner lots the required side yard adjoining the interior lot shall be the same as for interior lots. The required side yard on the street side of a corner lot shall not be less than the required front yard setback along said street. No parkin; shall be permitted within any required - m i2.-0 Regulations motorbikes, buses, motorhomes, trailers, boats and housecars. 9251.2.14.2. MOTOR VEHICLE LIMITATIONS — REQUXRENzNT& COMMERCIALVEHICL -S. No commercial vehicles as defined by the California Vehicle Code which exceeds three (3) tons in unladen gross weight 'shall be parked or left standing from The hour of 7:00 p.m. of vay day to 7:00 a.m. of the following day on any part of any property zoned or used for residential purposes. 9251.2.15, LANDSCAPING REQUIREMENTS. REQUIRED YARDS AND CKAREAS. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently rv=.intained in a nowt and orderly manner. Pedestrian walkways and. vehicular accessways shall not occupy more than forty percent (40%) of the required front yard. 9251.2.16. EXTERIOR LIGHTING. Exterior lighting shall be hooded and. arranged to refleci away from adjoining proper ries and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted a maximum of fifteen feet (15') A -'Z C.-4117/tel above the adjacent finished floor level on any exterior wall or structure. Post -it Fax Note 7671 Date q- 3 p _ 0 / P,B-, ► 4- ' Awe Lm& Front one coMem. Co, pl~ sor-- Phone . Pnonet Fax • OQ^, �- ��'f-s¢¢I Fax 4 -- �T i .T -16- Exhibit A — Ordinance 2114 ` •• V I Y el 1 1 f 1 dl 1 1 1 V r r V,(l CTTY OF ARCADTA C. - Two (2) twelve and one-half foot (12'ho wide driveways may 6e provided in lieu of one (1) twen- ty foot (20') driveway. D. Each driveway adjacent to a garage or park- ing space shall be a minimum of tiny feet (30') wide with a width of twenty feet (20) to be totally unobsmiCted from"the pavement upward. E. Every driveWay shall be paved for the 're- quired full width with asphaltic or ceruent concrete. All headers shall be in addifion M* the required width. F. Community driveways shall be permitted provided that a Covenant in recoidable;form by its terms to be for the benefit of, enforceable by, and to be reieated only by the ar , is oxeputed by.'dm owners of alt property affected thereby., the cove. nant eali state that such cotnmuniry driveway shall be usable by the tenants and owneis df the proper- ties proposed to be served by the driveway. Retor- "adon of this instrument shall be complete prior to the issuance of a Building Permit. G. A fence or wall located at the property line may not occupy more than six inches (6n of the reQuired driveway width, and utility poles, guy w.ms and anchors may be located within two f=t (2') of the property Iine. H. Eaves. no portion of willt:tl are less than :.~.ineen feet (13� above the pavement. may over- hang any such driveway a distance of not more than t. -'ret: :eet (37. 1. Utility pole cross -arms and utility service -Tres n:ay be located not less than thirteen feet (13') in herQnc above the paved surface of any such drive - J. Whenever a driveway is located within a required side yard_ a landscaped area at least five feet (5� in width shall' be maintained between the property line and the building. K. "yo Parking" signs with letters not less tnan two inches (2) in height shall be placed conspicu. ously at the entrance to and at intervals of not less tnan one hundred feet (100') along every required driveway. I2-3 REGULATION L. iso"person than park, stand sor leave Any vehicle in any portion of a required daveway except for the purpose of and during the process of loading or unloading 00#engers or merctiand-ise and only while such veiucle is attended by the operatorthere- of . (Amended by Ort!. 1694 adopted 3-18-80) 92553.11. OPEN SPACE. The. following regu,iadons shall apply: .I% At least two hundred (200) square feet of contiguous private open space shall be provided for each ground floor dwelling unit... When the principal means oi..irtoress CO a unit is gained through contiguous private. open.§pace, said: condguovs private open space shait.not be less than two hundred thirty square feet (23Qa. Contiguous private open. space shall be enclosed on all sides by a wall, fence, dense landscaping or gates. and shall be directly accessible from the unit which it serves and shall have a minimum dimen- sion of ten feet (10' . Dwelling units without ground floor living areas shall have a private balcony or deck with a mini. mum area of one hundred (100) square feet which shall be directly accessible from the unit which it Serves.. ' B. if a project contains ten (10) dwelling units or more. twenty-eight percent (2896) of the total lot area shall be in open Space: in addition. at least two percent (2%) of the total lot area shall be in a single common recreadonalAeisure area. the location of which shall be subject to the review and approval Of the Planning DeparunenL Not more than ten percent (10%) of the required open space may be in balconies or decks. provided said balconies or decks have s min imutn .depth of five fee; (5'). QAt least fifty percent (5091) of the required open space shall be landscaped. The landscaped area shall be maintained and provided with a permanent irrigation system. (Amended by Ord. 1694 adopted 3.13-80) 07/30/2001 11:06 6269149053 CITY OF GLENDORA PW PAGE 03 9.36.010 PUBLIC PEACE, MORALS, SAFETY time and visible from the public right-of-way or any adjoining properties; (1 I) To maintain premises with garbage or trash containers stored in front or side yards and visible from the Public right-of-way except when placed in places of collection at the times permitted and in full compliance with Section 6.08.030; (12) To maintain premises containing Packing boxes, lumber, junk, trash or other debris stored in yards and visible from public streets or adjoining properties for unreasonable periods; (13) To maintain property or buildings containing signs and/or sign structures relating to uses no longer conducted or Products no longer stored or sold on commercial. industrial or institutional buildings in violation of Section 19.24.140; (14) To maintain property including, but not limited to. building exteriors in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to Proximal properties and improvements. This includes. but is not limited to, the keeping or disposing of or the scattering over the Property or premises any of the following: (A) Lumber, junk, trash or debris, (B) Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers, (C) Stagnant water or excavations, (D) Any device, decoration, design, fence, structure or vegetation which is unsightly by reason of its condition or its inapp nate location; (IS To maintain property so out of harmony or port rty with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties; (I6) To maintain any type of illumination which is directed onto adjacent or proximal properties causing substantial diminution of the enjoyment or use of such properties; (C"Adurn 1.99) 160-2 D 21.03.010 measures a minimum of eighteen inches (18-) deep by eight feet (8') wide, or other architectural trea. ment at least eight feet (8') wide. G. Mechanical Equipment: Mechanical equip. Ment, except , solar Collector panels, shall be screened from public view. Plans for screening shall be submitted to the Director for review and approval. Roof -mounted equipment. except solar collector equipment and antennas, is prohibited in the residential zones. H. Irrigation: Areas required to be landscaped by any provision of this Tide shall be provided . with automatic irrigation systems installed in confor- mance with the requirements of applicable codes. I. S01ar Energy Systems: Pians shall be submit- ted to the Director for review and approval. I. Roof -mounted solar collectors shall be piaecd in the most obscure location without reducing operating efficiency. Wall -mounted and ground - mounted solar collectors shall be screened from public rights of way. 2. Roof -mounted solar c onectors shall be mount- ed as close as possible to the roof pitch without reducing operating efficiency. Supporting members shall be screened from public rights of way. 3. Appurtenant equipment and fixtures shall be screened from public rights of way. 4. Exterior sudices. excluding collector surfaces, shall be treated to blend with the materials and colors of the building. J. Antennas: pians for antennas, except common Skeletal type anteaaas used to receive UUF and VHF frequencies, shall be submitted to the Director for review and approval. 1. Ground -mounted antennas and supporting strictures shall be located at least fifteen feet (151) from any property line and three feet (3') from any fitructure- 2 Ground-mouaud antennas and supporting stnictulCS Shall be screened by walls, fences or landscaping at least six feet (6') in height. 3. Antennas and suppordng smw a es shall not be located in a front or street side yard. A. Antennas and supporting structiues shall not be located in front of a dwelling unit. 5. Ground -mounted antennas and supporting strucarres, except satellite dish antennas, shall be (GWndora septmber 2000) Z-20 installed in a foundation in accordance with the Uniform Building Code. 6. Satellite dish antennas shall be supported on a stable base approved by the Building Official. 7. Ground -mounted antennas shall not exceed twenty-five feet (25') in height as measured from finish grade. except satellite dish antennas, which shall not exceed fifteen feet (15') in height as mea- sured from finish grade. 8. The number of antennas shall not exceed one per lot. 9. Roof-mouated antennas shall not be permit- ted. except settlliee dish antennas with a diameter of two feet (2') or less. &Aridscapiag: Requited setbacks adjacent to a sheet shall be landscaped with drought tolerant Plant materials and permanently maintained. (Ord.. 1618 g 1.Exh. A (part), 1993) 21.03MO Orf -Sneer Parking And Loading: A. Purpose: The purpose of this Section is to ensure that sufficient off -sneer parking and loading VM are provided and properly designed and locat- ed in order to meet the parking and loading heeds Of Specific uses and to protect the public health. safety and welfare. B. Regulations For Off -Street Parking: 1. Ott street parivng shall be provided accord- ing to the provisions of this Section for: a. Any heti. structure; b. Any new use; c• Any addition to. or change in the use of. a structure. The additional off -steer paridtrg shall be re- quired only for the addition or change of use and not for the satire structure lir use, except when the addition expands the original snuctum by twenty_ five percent (25%) or more or when the change in use involves twenty -dive percent (25%) or mom of the arca of the original use. then the parting area for the entire structure or use shall be brought into conformance with this Section. 2. Requited off-street packing shall be provided on the same parcel as the structure or use for which the pacing is required, unless reciprocal paddng or other arrangement is authorized pursuant to this Title. 7-31-01; 3:31PM;CITI' OF UPLAND :909 9314123 tt 3 s 19419 &fry or ar'l," /;, PLANNING AND ZONING side yard, a pedestrian access way shall be maintained on one side yard. (2) Except as otherwise provided in this Code, no person shall park or store any commercial vehicle, commercial trailer or related commercial equipment upon any single family lot or parcel except commercial automobiles, pickup trucks, panel delivery trucks, and station wag- ons which do not exceed a gross weight of three (3) tons (unladen) and provided that no more than two (2) such vehicles may be parked on any such lot or parcel. (f) Building maintenance. All buildings, stractures, and paved areas within any lot or Parcel designated as single family shall be kept and maintained in a manner so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety, and welfare ofthe user, occupant, and the gen- eral public. All such buildings, structures, and Paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated con- ditions including, but not limited to, the follow- ing: (1) Faulty, sagging, or leaking roof and roofs, or missing roof tiles or other visi- ble roofing materials. (2) Substantial areas of deteriorated build- ing siding materials including, but not limited to, dry rot, termite infestation, dented or rusting metal siding, broken or missing pieces of stucco, or other sid- ing materials. (3) Broken or missing windows. (4) Inadequate site drainage and/or stand- ing water adjacent to building founda- tions. (5) Broken or inoperable sanitary and Plumbing facilities and/or fixtures. (6) Broken or missing foundation. Supp- No. 28 720.5 69412M (7) Broken, torn, or missing attic vent screens. (8) Broken, ripped, or torn window screens. (9) Structural defects such as warped, bowed, or sagging structural members including, but not limited to, headers, sills, beams, eaves, doorways, door- jambs, and similar structural or archi- tectural elements. (10) holes in siding areas. 9'_ .Ailland- d areas within any lot or parcel desig- nated as single family shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neigh- borhood and to protect the health, safety and welfare of the user, occupant, and general pub- lic. Landscaped areas shall be kept in a neat and dean condition, free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the land- scaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned, and watered as to keep the same in a healthy, growing condition. Irrigation systems shall be kept in good working condition and repair so as to prevent leaks or public health hazards. (h) Fence and wall maintenance. AD fences and walls upon any lot or parcel desig- nated as single family shall he kept and maintained in a manner so as not to detract from the appearance of the immediate neigh- borhood and to protect the health, safety, and welfare of the user, occupant, and general pub- lic. All such fences and walls shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated conditions including, but not lim- ited to, the following: (1) Sagging, broken, rotted, or defective support posts or other structural mem- bers. (2) Missing or broken fence boards. exry or iki^ i- Aj u f the receptacles must be removed by 6:00 a.m. on the day after scheduled pick up and stored properly. WMC 15A-3.1; 15A-26, 15A-31; 15A-34; 16A -6.1(a)(23). RECREATIONAL VEHICLES: Trailers, ATCs, ATVs, boats, or camper shells may not be parked or stored in the front yard. The side yard or rear yard area may be used for storage as long as the RV is screened from view by a minimum 5 -foot high fence/gate, parked on a paved surface, and the area is maintained. Off-site storage is encouraged. WMC 16A -6.1(d)(5); 25-40(e), (g). PARKING: Vehicles may not be parked on any unpaved surface. There is a limit to the amount of pavement permitted in the front yard to accommodate vehicle parking — check with the Planning Division before doing any additional 'paving. Vacant lots may not be used for parking. Operable vehicles may be parked in a side yard or rear yard provided the vehicle is screened from public view by a minimum 5 -foot high fence/gate and is on a paved surface. WMC 16A -6.1(d); 25-40(e), (0. ANIMALS: Specific information on pets and other animals is available from Code Enforcement or the Los Angeles County Department of Animal Care and Control. STRUCTURE MAINTENANCE: Keeping up on routine home repairs helps prevent major repairs further on down the line and helps maintain the attractiveness of a property. Such things as broken windows, peeling paint, deteriorated fencing, broken driveways, worn out garage doors, damaged wall surfaces, deteriorated roofing, or other wom out, damaged, deteriorated, or faulty exterior portions of structures must be repaired or replaced. Of course, interior conditions should be treated in the same manner. WMC 16A - 6.1(a). HOME OCCUPATIONS: Guidelines for home occupations have been established in order to maintain the character of residential neighborhoods. All home occupations must have a permit from the City. Contact Planning, Finance, or Code Enforcement for further information. WMC 25-26.1. FL_L�ANDSCAPING AND WEEDS: Attractive, healthy, thriving, and maintained landscaping elements add to keep -down weeds, and help prevent fire hazards. Frcnt yards must be landscaped and maintained by routine watering, mowing, trimming, fertilizing, and replacement. Weeds must be removed within 35 feet of any structure in the side yard area. Front and rear yar,--s must be weed - free within 100 feet of any structure. A structure, in this case, is defined as any patio slab, barbecue, picnic table, house, garage, carport, stable, fence, pool, tennis court — just about anything that is manmade. Pastures and steep slopes may use wild vegetation for soil stability. Vegetation may not encroach onto the public right of way or impede visibility. WMC 16A -6.1(b)(1), (2), (4); 16A -6.2(e); 25-40(o. DUMPING: Dumping on public or private property is prohibited. Vacant lots are frequently targets of dumping. If you see someone doing such dumping, it would be helpful if you could get the vehicle license plate number and notify the Sheriff immediately. WMC 15-3. YARD SALES: Yard sales are permitted twice a year. A no -fee pen -nit is required prior to the sale. Permits are available at City Hall. WMC 25-26.3. HEALTH AND SAFETY: Every citizen of Walnut has the right to safe and healthy'living conditions. This includes having the required utilities. All occupied residences are required to have water and electrical/gas service. Using hoses and extension cords from neighboring properties is prohibited. Any residence that has fallen into disrepair according to the Uniform Building Code is considered substandard and must be brought up to code. WMC 16A -6.1(a); UBC 9901-9905. § 25-41 Walnut City Code § 25-42 the average required in a s _. average floor area shall beoivision. As used herein, the ed frm all dwellings within any approved tentattiveotract, orpife suchtentative tract is partially recorded, he be computed from all proposed dwellingsfloarea Shall recordation. No buildingg Partial permit or group of building per- mits shall be issued to a single applicant wherein the average floor area requirements as stated erein,are not met, unless a previous building permits within the same tract, when avers d wiitht or group fthell r- mitted requested meets the average floor area re Per - herein. <3u 'red (e) Use of vards Yards may be used for structures, landscaping, paving, parkin tions 25-12 through 25-21 and 25-40(c)�of.Chaptere asd25nofec- Title VI except as noted in Chapter 16A of Title III of this Code. Said items that are not otherwise allowed in the front yard shall be located behind a minimum f1Ve foot high fence/gate. Said fence/gate may be an open work fence/gate. I ervlous s rfaces land c in Walkways, park_ faces shall not ccollectivel wOCCUPY Y o er impervious sur - of to entire front y c� ' �'e than fifty percent Zoning Code. yard area, as required by the Walnut g All other areas shall be landsca ed with lawn, trees, s s, ground covers and other plant materi- als and sFi' ro e manner. The .area necessa 1 d in a neat and orderly gega ar ess to the (maximum twenty-five feet pwide) shall roviding enot be includ- ed in the calculation of impervious surfaces. d may be granted by the plannin c Exceptions with Article XXIV of Chapter 25 Of the Muniaccorcipal Code relative to site plan and architectural review. (g) Hosts tr�;lera or re reat�ona1 boat, trailer or recreational a eau�am_ t An meet under their own equipment incapable of move - the areas from the lotolineaY not be parked or stored in ng parallel with the main structure. (abuttOrd a street to a line No. 343, 6 5: Ord. No. 517 (Ord. No. 297, § 2: Ord. No. 616, 5 9.) �: Ord. No. 568, § 3; Ord. idence shall have Q R r3 on the lot or Each single-family res - two car spaces in a g Parcel of land a minimum of garage as set forth in Article XX of this chapter. (Ord. No. 297, § 2,) Sec. 25-42 1 may have suchlsis Each lot or parcel of land in Zone R- as 5r2e.) ribed in Article XX�TI of this chapter. (Ord. No. 297, (Walnut 10/99) 224 § 16A-6 (!,IV Cr Nuisances § 16A-6.1 reinspection fee for all subsequent inspections by city Personnel until the violation or nuisance is corrected. The amount of the fee shall be set from time to time by resolution of the city council. The fee is intended to compensaLe the city for administrative costs fog excessive inspections, and not for enforcement of the laws. The fee shall be separate from and in addition to any fine or pen- alty for violation of the law. In addition, the prevailing party in any nuisance ac- tion proceeding or administrative proceeding may recover attorney fees. The notice Of violation or notice to abate nuisance shall contain a Prominent written statement that if the violation or nuisance is not corrected at the time of the first inspection, the violator will be responsible for the costs of all subsequent inspections, abatement costs and attorney fees. (Ord. No. 616, § 5(part).) 'Article Ii. Detrimental and - sicrhtly conditions. Sec. 16A-6. Public Nuisance Abatement. The city c I ouncil does hereby find, determine and declare.that the certain conditions and circumstances constitute public nuisances that may be summarily abated in accordance with the provi- sions of this chapter, Pursuant to the Provisions of sec- tion 38771 of the California Government Code. (Ord. No. 616, § 5(part).) Sec. 16A-6.1. public nuisance The following conditions, and 'not of limitation, are consid- ered to be a public nuisance and are hereby prohibited unless found to be exempt in accordance with Section 16A- 6.2 of this Code: (a) Buildings ancq structures (1) Any building, sign or structure erected, re- constructed or structurally altered, or any building, sign, .structure or land used in any manner contrary or in viola- tion of the terms and provisions of the zoning ordinance contained in Chapter 25, of Title vI, of this Code. not (2) Any unoccupied building or structure which is ,Properly secured, locked or closed;,is accessible to unauthorized persons, transients and undesirables; and is a health, fire or safety hazard to the adjacent community. (3) Any unsafe building or structure as defined in the Building Code. 94.1 (Walnut -10/99) of KlAp4q, § 16A-6.1 Nuisances § 16A-6.1 tion and which has been maintained in a good and safe con- dition. (15) Lack of a sound and effective: roof cover- ing; exterior wall covering; waterproofing of foundation -walls or floor. (16) Any material of construction exceptthose which are allowed or approved- by the -Building Codes and which have been adequately maintained'in a good and'safe condition. (17) Substandard buildings. (18) Unpainted buildings causing dry rot, warping and termite infestation. (19) Broken windows or doors constituting hazard- ous conditions and inviting trespassers and malicious mis- chief. (20) Attractive nuisances dangerous to children in the form of abandoned and broken equipment, or neglected machinery. (21) Broken or discarded appliances, furniture and household equipment in yard areas for unreasonable periods of time. (22) Clothesline in front yard areas. (23) Garbage cans in violation of Chapter 15ii of thi!L, Code. ' (24) Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods. 1=(25) Neglect of premises to: spite neighbors,* influence zone changes or granting of exceptions or per- mits, or to cause detrimental effect upon nearby property or property values. _('26). Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such a manner as to constitute a public nui- sance as defined by Civil Code Section 3480, (27) Property, inclilding, but not limited to, building exteriors which are maintained in such condition as to become defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable depreciation of the property values of surrounding property 94.3 (Walnut 10/99) 6A'rV OP VJAIA/14'( Walnut City Code § 16A-6.1 or is materially detrimental to proximal properties and improvements. This includes, but is not -limited -to, the keeping or disposing of or the scattering over the property or premises of: lumber, junk trash or debris; abandoned, discarded or unused objects Of equipment such as ar.tomo- biles, furniture, Stoves, refrigerators, freezers, cans or containers; stagnant water or excavations; any device, decoration, design, fence, structure, clothesline or vege- tation which is unsightly by reason of its condition or its inappropriate location. C28) Maintenance of premises so out of harmony or ,conformance with'the maintenance standards of adjacent Properties as to cause substantial diminution of the enjoy- ment, use or property values of such adjacent property. (29) Property maintained (in violation of the rights of others) so as to establish a prevalence of depre- ciated values, impaired investments, and social and econom-. is maladjustment to such an extent that the capacity to pay ,taxeais reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (30) Grading which des not meete minmum stan- dards set forth in Chapter 70oof the UBCt orhwhichiis done in violation of the UBC or any other local, county or state tow law regulating grading. (b) Landscavincr, weeds vegetation. (1) Overgrown vegetation: including unma.i­_'..ai.ned gras3 lawiis and/or weed areas which are one foot ur more in height anywhere on the property that is likely to harbor such nuisances as rats or vermin; in a condition to cause unsightliness or become a fire menace when dry; or which are otherwise dangerous to the Public health and welfare; that obstructs the reasonable view for safety purposes of any pedestrian or vehicular traffic, or overhanging or encroaching upon a sidewalk, curb, gutter or street -in such a manner as to impede passage. i7F(27) Lack of landscaping in all zones in the yard area extEMing from the lot line s) abutting a street to a line parallel to the main structure, or in the parkway. (3) Overgrown vegetation causing detriment to neighboring properties or property values. (4) Dead trees, weeds. and debris that; constitute and unsightly appearance, are dangerous to public safety and welfare, or are detrimental to nearby Property orprop- erty values. I (Walnut 10/99) 94.4 § 16A-6.3 Walnut City Code § 16A-6.3 (b) Parking or storing one inoperable vehicle out- side, provided said vehicle is completely screened from public view and that is not located in the yard area ex- tending from the lot line(s) abutting a street to a line parallel to the main structure or in the parkway at any time. (C) Pa-kking-or storing -inoperable vehicles there -of -in' . -- - I or parts a lawful manner on private property in connec- tion with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer or when such stora'ge:or park- ing is necessary to the operation of a lawfully conducted business or commercial enterprise provided that said items do not use required parking spaces (per Chapter 25, Article XX) and do not block access in, out or around the site where the business is conducted. (d) Parking one vehicle for emergency or minor re - airs of a motor vehicle owned by a person residing upon the lot Or parcel may be conducted on an otherwise opera' tive motor vehicle upon a paved driveway or paved parking area; Provided, however, that such repair shall be conclud- ed within seventy-two hours. (e) Dead vegetation, grasses or weeds as landscaping if necessary for stability of the slope or soil, on lots with slopes that have a grade of 2:1 Or greater, or areas actively being used as a pasture or Corral. Nothing in this section shall authorize the mainte- nance of a condition that creates a fire or health hazard, or a public or private nuisance as defined underprOvisions Of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the State Vehicle Code and this article. Any property owner may request an administrative hear- ingfrom the community development director to determine an exempted condition. The owner shall file a written request with the community development director. This request shall at a minimum state which section(s) they request exemption under and the reasons they feel they are or should be exempted. The community development director, or designee, shall hold a hearing within ten working days of receiving a complete request. A written determination shall be issued within five working days following the conclusion of the hearing. (Ord. No. 616, § 5(part).) Sec. 16A-6.3. Re 1 -+-,ons not exclusive This article is not the exclusive regulation of detrimental and unsightly conditions within the city. It shall Supplement and be in addition to the other regulatory codes, statutes and ordi- nances heretofore or hereafter enacted by the city, state, (Walnut 10/99) 94.6 AGENDA ITEM NUMBER: REPORT.DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNERS/APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 8.1 August 2, 2001 August 14, 2001 Conditional Use Permit No. 94-04(2) To temporarily modify the existing time schedule for operating the ball field lights at Pantera Park. 738 Pantera Drive Diamond Bar, CA 91765 City of Diamond Bar" 21825 E. Copley Drive Diamond Bar, CA 91765 The construction of Pantera Park (Conditional Use Permit No. 94- 4) was approved on March 13, 1995. A one year extension of time (Conditional Use Permit No. 94-4(1)) of the original grant was approved on April 8, 1997. The construction of the park was completed July 21, 1998. The park's grand opening was July 25, 1998. The property owner/applicant, City of Diamond Bar is requesting approval to temporarily modify the existing time schedule for operating ball field lights. The proposed schedule will be as follows: Daily except Wednesday - sunset to 9:00 p.m.; and. Wednesdays - sunset to 10:00 p.m. The request to temporarily modify the existing schedule does not alter Pantera Park in any other way. 1 The project site, Pantera Park, is located at 738 Pantera Drive at the intersection of Bowcreek Drive and Pantera Drive. It is approximately 23 acres and'two ball fields with two soccer overlay fields, three basketball courts, two lighted tennis courts, rest room/concession building, tot lot, picnic facilities, and activity room. The project site has a General Plan land use designation of Park (PK). The zoning designation for the project site is Residential Plan Development -20,000-2U (RPD -20,000-2U). Generally, the following zone and use surround the project site: to the north is the Single -Family Residences -10,000 (R-1-10,000) and Single - Family Residence -8,000 (R-1-8,000); to the south and west is the RPD -20,000-2U; and to the east is the RPD -20,000-2U and Planning Area 2/SP which was dedicated to the City as open space. ANALYSIS: Proposed Conditional Use Permit Modifications: Pursuant to Development Code Section 22.66.060, modifications to a feature specifically addressed or based on a condition of approval in a Conditional Use Permit grant shall be established only as approved by the review authority. A condition of approval within Planning Commission Resolution No. 9S-4 for Pantera Park, states "The daily hours of operation for the park shall be limited to one-half hour before sunrise to 10:00 p.m. Ball field hours with lights shall be limited to 8:00 p.m. Sunday through Thursday and 9:00 p.m. on Friday and Saturday". City is requesting to temporarily modify this condition so the operational ho ' urs of ball field lights will be daily except Wednesday - sunset to 9:00 p.m.; and Wednesdays - sunset to 10:00 p.m. As a result, the daily operational hours for lighting the ball fields is proposed to increase by one-hour daily. Except on Wednesday, the increase is proposed to be two hours. The modification, if approved, will commence in mid-August and concluded by December 31, 2001. The City of Diamond Bar requested the modification as a result of turf renovation at Peterson Park. The renovation is scheduled to begin August 20, 2001 and will consist of the replacement and repair of the irrigation system and turf within the outfield areas. During this renovation, the ball fields at Peterson Park will be closed from mid-August to December 31, 2001. The fact that the ball fields are unusable during this period necessitates the proposed extension of the ball field lighting operational hours at Pantera Park. 2 ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(d) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. NOTICE OF PUBLIC HEARING: Notice••for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on August 3, 2001. Public hearing notices were mailed to approximately 167 property owners within a 700 -foot radius of the project site on August 1, 2001. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on August 3, 2001. RECOMMENDATIONS: Staff recommends that the Planning Commission approve the temporary modification of the existing time schedule for operating the bail field lights, Findings of Fact and conditions as listed within the resolution. REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit and complies with all other applicable provisions of the Development Code and the Municipal Code; . 2. The proposed use is consistent with the General Plan.and any applicable specific plan; 3. The design, location, size and the proposed use are compatible land uses in the vicinity; operation characteristics of with the existing and future 4. The subject site is physically suitable for.the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements 3 in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Prepared by: AiIh J.nV AssWciate Planner 17- k Attachments: 1. Draft Planning Commission Resolution No. 2001 -XX; 2. Exhibit "All - site plan dated August 14, 2001; 3. Application; 4. Planning Commission Resolution No. 95-4; and 5. Correspondences as follows and dated: July 30, 2001 from Thom Pruitt; August 1, 2001 from Chris Valencia; August'l, 2001 from Gloria Gill; and August 7, 2001 from Joseph A. Praster. 2 44pPLANNING COMMISSION RESOLUTION N0.2001-XXlot A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 94 — 04 (2) AND CATEGORICAL EXEMPTION, A REQUEST TO TEMPORARILY MODIFY THE EXISTING TIME SCHEDULE FOR OPERATING THE BALL FIELD LIGHTS AT PANTERA PARK. THE PROJECT SITE IS LOCATED AT 738 PANTERA DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, City of Diamond Bar has filed an application for Conditional Use Permit No. 94-- 04 (2) and Categorical Exemption for a property located at 738 Pantera Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on August 14, 2001 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on August 3, 2001. Public hearing notices were mailed to approximately 167property owners of record within a 700 -foot radius of the project on August 1, 2001. Furthermore, the project site was posted with a display board and the public notice was posted in three public places by August 3, 2001. 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. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15301(d). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the 1 potential of an adverse effect on wild life resources or the habitat upon which the wil depends. Based upon substantial evidence, this Planning Commission hereby rebuts the pre of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Reg 4. Based on the findings and conclusions set forth herein this Planning Commission hereby finds follows: Y (a) -The project relates to Pantera Park located at 738 Pantera Drive at the intersection of Bowcreek Drive and Pantera Drive. It is approximately 23 acres and contains two ball fields with two soccer overlay fields, three basketball courts, two lighted tennis courts, rest room/concession building, tot .lot, picnic facilities, and activity room. The construction of Pantera Park (Conditional Use Permit No. 94-4) was approved on March 13, 1995. A one year extension of time (Conditional Use Permit No. 94-4(1)) of the original grant was approved on April 8, 1997. The construction of the park was completed July 21, 1998. The park's grand opening was July 25, 1998. (b) The General Plan land use designation for the project site is Park (PK) (c) The zoning designation for the project site is Residential Plan Development -20,000-2U (RPD - 20,000 -2U). (d) Generally, the following zones and use surround the project site: to the north is the Single - Family Residences -10,000 (R-1-10,000) and Single -Family Residence -8,000 (R-1-8,000); to the south and west is the RPD -20,000-2U; and to the east is the RPD -20,000-2U and Planning Area 2/SP which was dedicated to the City as open space. (e) The application request is to temporarily modify the existing time schedule for operating ball field lights at Pantera Park. The proposed schedule will be as follows: Daily except Wednesday - sunset to 9:00 p.m.; and Wednesdays — sunset to 10:00 p.m. The request to temporarily modify the existing schedule does not alter Pantera Park in any other way. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The Pantera Park was reviewed and approved by the Planning Commission on March 13, 1995 through Conditional Use Permit No. 94-04. Pursuant to the Development Code adopted after the approval of the park, the park is still in compliance with the development and Municipal Code, as well as being allowed in the subject zoning districts. Approval of the temporary ball field lighting operational hours at Pantera Park does not alter the park or Planning Commission approval in any other way. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General.Plan land use designation of Park (PK) and as such is consistent with a General Plan. A specific plan does not exist for the project site or area. K (h) The design, location, size and operation characteristics of the proposed use ar� compatible with the existing and future land uses in the vicinity; 9� The design, location, size and operational characteristics of the Pantera Park was previoUi;ly reviewed and approved by the Planning Commission and thereby deemed compatible with the existing and future land uses in the vicinity. This approval included the operational hours the ball field lighting, hence the Planning Commission review of the temporary revision to said hours. The temporary revision does not alter the Planning Commission's previous approval or Pantera Park in any other way and is necessary to better serve the community's needs related to sporting events and practices. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; As referenced above in Item (f), (g), (h), and (1), and the fact that the modification to ball fields lighting schedule is temporary and that Pantera Park will not be altered in any other way, the subject site is compatible with adjoining land uses. Provisions for utilities exist at the project site. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f), (g), (h), (i) and (j), granting the temporary modification to Conditional Use Permit No. 94-04 will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(d) and guidelines promulgated thereunder, the City has determined- that this project is categorically exempt. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The temporarily operational hours of ball field lights will be daily except Wednesday - sunset to 9:00 p.m.; and Wednesdays = sunset to 10:00 p.m. mid-August to December 31, 2001. (b) This grant is valid from mid-August to December 31, 2001. At the expiration of this grant, the ball field lighting operational hours shall revert to its previous schedule of 8:00 p.m. Sunday through Thursday and 9:00 p.m. on Friday and Saturday. 3 (c) Conditional Use Permit No. 94-04 approved by the Planning CommiRdo n March 13, 1995 shall remain in full force and effect except as amended herein. (d) If the Department of Fish and Game determines that Fish and Game Code 711.4 applies to the approval of this project, then the applicant shall remit to th , .within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not -exempt from 9 --filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, CA. APPROVED AND ADOPTED THIS 14TH OF AUGUST 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob Zirbes, Chairman I, James DeStefano, 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 14th day of August 2001, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary V SCALE: 1' 150'-0' 00 0 141 NN F -x Hl r5i T "' A, PANTERA PAR CITY OF DIAMOND BAR P.O. Box B ' oi YEAR 2000..r _ .. July 30; 2001 Mr. Gary Olivas, Superintendent Community Services City of Diamond Bar Diamond Bar, CA Dear Mr. Olivas: Our organization is very appreciative of the city's efforts to provide recreational sports fields for the citizens of our community. The renovation of Peterson Park will place an obvious strain on the needed allocation of field space for sports activities. The use of lighting to extend hours for the availability of Pantera Park will be a tremendous asset in meeting the facility needs of local organizations. We are confident that this will not have a negative impact on the quality of life for residents in the immediate area and will take any necessary steps to make certain of that! SincerelL_ Thom.Pruitt, President On behalf of the Board of Directors. Non-profit Tax -ID #95-4518647 To the City of Diamond Bar Parks and Recreation; August 1, 2001 On behalf of the FCI Soccer Club of Diamond Bar, I am requesting the lights at Pantera Park be extended from 8:00 pm to 9:00 pm on a weekly basis. This would help the critical need situation we are currently facing due to the renovation of Peterson Park. The FCI Soccer Club has been serving the needs of over two hundred children in the city of Diamond Bar for the past 11 years and this small request will go a long ways in serving the needs of the children in our community. Thank you in advance for the consideration this request will receive. SincerIN'. Chris Valencia FCI President August 1, 2001 Mr. Bob Rose Community Services Director City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-41-177 ZAIEU��� Dear Mr. Rose, Confirming our telephone conversation, I am once again reiterating our concerns regarding Pantera Park. We live at 746 Bowcreek Drive (second house on Bowcreek from the park) and have been greatly affected by the development of the park. When we moved to Diamond Bar, the biggest selling point of the developer, Anden, was the nice and peaceful environment of the area we picked, as we will never have neighbors in our backyard, since our property goes all the way.to the sloping hill. We did enjoy this nice and peaceful environment until Pantera Park was developed three years ago. Since then, we have experienced the following: 1) Cars are parked so closely to our driveway that we could not get our cars out easily. It is funny though, that the park's parking lot has spaces but are not fully utili2ed as people don't want to walk too far from their activity. This is a design flaw that should be looked at. 2) Traffic has been badly affected as both sides are parked and with the winding street, it has been difficult to maneuver your car through easily. Noise is also a concern but we are willing to ignore and just stay indoors with the windows closed if the noise gets too loud. 3) Greatest concern for us is our children's safety when crossing the street. Cars do not slow down and with both sides parked and with the winding street, it would be too late when they see a child crossing the street. You mentioned to me that you were aware of the fatal accident between a car and a motorcyclist racing through Bowcreek Drive. I hope that no other resident of Diamond Bar dies on our street before something. is done. 4) Lights from the baseball field create a glare from our bedroom window,front and backyard. It is not very comfortable when you have to squint from your own house when the sun goes down at night. 5) Although lights may be'o ut and the park is officially closed at 9 p.m., a seating area in the back by the slope (next to my neighbor at 752 Bowcreek Drive) is the hangout for kids and we can hear them drinking and yelling until well past midnight sometimes. The police patrol won't see them as they are too far back but they are there all the time. They know it is hidden and dark so it is a nice hangout area. 6) One friend, who lives on Pantera, has given up and is selling their house. You mentioned to me that you know who I am talking about. I hope that this is not a pattern, as it will negatively affect the value of our property. 7) Once in a while, our Sunday paper disappears. This is minimal as I get a refund from LA Times, but it happens now more than ever. Bob, I hope you will take all our issues seriously, as I know you work for the improvement of life in Diamond Bar. Please let me know what actions will be taken by the city to alleviate these issues immediately. Sincerely, I e—r Gil (909) 861-9113 (Home) (626) 564-06000 ext. 3311 (Office) L//,.CEFM Los Angeles County Employees Retirement Association GLORIA B. GIL Investment Officer— Real Estate Gaiev:av P:aza - 300 N LaKe Ave - Ste. 850 - Pasadena. CA 91101 (6261 564-6000. Ext. 3311 - FAX (626) 564-6130 Joseph Praster 416 S. Palo Cedro Drive h�JDiAm par, CA 91765 August-�7j'--2001 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Dear Sir: I have been a resident of Diamond Bar for seven years, and have participated in the recreational softball program for the past two years. I currently managt, and or play on three teams in Diamond Bar, including one that regularly has games on Wednesday nights. My entire family has thoroughly enjoyed spending Sunday mcrnings and Wednesday evenings at the local park. This program has hada significant impact on our lives in several ways. In addition to the obvious benefits from just getting out on a regular basis and exercising, my wife and I have developed lifelong friendships while participating in the Diamond Bar recreational softball program. Additionally, I regularly utilize. -:he softball fields as a forum for networking with business and professional contacts. I am pleased to hear that the fields at Peterson Park are being renovated. However, I urge you to allow the Wednesday program to continue, uninterrupted, at Pantera park while those renovations are being completed. I am certain that an extended disruption in the Wednesday program would result in several teams leaving Diamond Bar to find a lea:•ue in another city. Softball participants, their families and ttie City of Diamond Bar would all benefit most from an uninterrupted Wednesday program. Thank you for your attent.:on and consideration to this matter. Sincerely, O PH A. PTER (I DUDIOND BSI: m.. CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY & DEVELOPMENT SERVICES Planning Division 21660 E. Copley Drive Suitc 190, Diamond Bar, CA 91765 (909)396-5676 Fax(909)861-3117 y CONDITIONAL USE PERMIT APPLICATION Record Owner Name City of Diamond Bar (Last name first) Address 21825 E. Copley Drive Citv Diamond Bar .Zip 91765 Phonet909.860-2489 Fax (999 861-3117 Applicant Rose, Bob (Last name first) Same as owner Fax W0 861-3117 Phone( ) Fax ( ) Case rs ['.(4p FPL A: �- Deposit 5 Receipt ay By Dat, Recd FOR CM* USE Applicant's Agent (Last name first) NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent-- I certify that 1 am the owner of the herein described property and permit the applicant io file this requeit St®ed (All record owners) Date Certification: I, the undersigned, hereby certify under penahy ofperjury that the information herein provided is correct to the best of mv knowledge. Print Name Bob Rose or Agent) Signed ✓ ✓ V (Applicant or Agent) Location 738 Pantera Drive (Street address or tract and lot number) Zoning RPD 20,000 2U Dates,4i Hoose Numbering Map Previous Cases 1'kA,4o 54- O q up CJ 5! O y t 1 Present Use of Site Community Park Use applied for Temporary revision of CUP 94-04 for the. extension of use; of ballfield lighting. City of Diamond Bar _ CONIDITIONAL USE PERMIT Project Size (gross acres) Project Density Previous Cases CUP 94-04, CUP 94-04 (1) Present Use of Site Community Park for recreational activities Domestic Water Source Company/District Method of Sewage Disposal Sanitation District Grading of Lots by Applicant? YES NO X Amount (Show necessary grading design on site plan or tent. map) Page Two REQUIREMENTS FOR CONDITIONAL USE PERMIT APPLICATION The information requested must be completed for all Conditional Use Permit (CUP) applications. The detailed instructions which follow explain only those items not clearly self-evident or requiring greater amplification. If there are anv questions, please call the Planning Division at (909) 396-5676. You may also obtain a counseling appointment on how to fill out the application by calling this number. A. APPLICATION: Complete and submit one (1) copy of the Conditional Use Permit form. Where a Conditional Use Permit request is to be considered along with any number of other requests, submit the appropriate materials that accompany each request. The CUP Application form MUST either be signed by the owner(s) of the subject property or the application must present a statement signed by the property owner(s) giving him the right to file the case. Purchaser in Escrow is not acceptable. A Planner can assist you in filling in the information for items 2 and 3. 2. Zone may be identified on the House Numbering Map. 3. HNM--House Numbering Map. 4. Use applied for - Describe the proposed project in detail --the nature of the business, occupation or purpose for which the structure or improvement or premises are to be used and what is to be done on or with the property in the way of additional improvements. 4 5. Domestic water source and method of sewage disposal should specify type of source, name of service agency and district. B Legal Description: A separate complete legal description MUST be typed on or attached to EACH form requiring a legal description. Provide a copy of the Title which should include any Conditions, Covenants & Restrictions (CC&R's). C Burden of Proof: Complete and submit the "Burden of Proof' statement. The answers to all questions must be complete.' "Yes" and "No" answers are NOT acceptable. U Land Use Vicinity Maps: One full size blue print of 700' radius land use map (folded no larger than 8" x 14" with the location of the subject property on the front). Include one (1) reduced copy (reduced to 8%z x 11). Maps are to be the scale of one (1) inch to 100 feet, (except for very large areas requiring a map of more than 9 square feet) showing the subject property and all surrounding uses, streets, highways, alleys, rights -of ways,and lot cuts. Include tract and lot numbers. Outline subject property on all copies of the map. A margin should be left around the edges of the map after drawing the 700 foot radius. E. Surrounding Property Owners: Two full size blue prints of 500 foot radius map of surrounding property owners (folded no larger than 8" x 14") and one reduced copy (8%=" x 11"). Provide completed Ownership List, certified to be correct by affidavit, and two (2) separate sets of self adhesive address labels indicating surrounding property owners names and addresses from the latest assessment roll (typed). Include the names and addresses of the applicant, agents and owners. ALL LABELS SHALL BE CROSS REFERENCED TO PROPERTY OWNERS, MAP AND LIST. F. Occupant Load: In addition to the required site plans one copy of a floor plan layout is required when the proposed request requires parking other than for general commercial or industrial uses (theaters, restaurants, bars, and other places of public assembly). The floor plan must be accompanied by a stamped and signed "Application for Determination of Assembly Area Occupant Load for Parking Requirement Purposes." G. Initial Study: The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible environmental impacts. This Initial Study process is intended to determine the type of environmental documentation necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire and other material which you must provide, and an analysis of potential impacts prepared by staff' --often with the input from reviewing Conditional Use Pam$ Repui m'news t agencies with special expertise. This process can be expedited with your cooperation. See Instructions for Completing Initial Study Questionnaire. 1. Environmental Information Form for Residential Projects: Complete this along with the Initial Stuch•. This information will be reviewed to prepare the Environmental Determination. The rear portion of this form is for staff use only:. H. Project Maps: Submit 25 full size folded sets of plans. The overall dimensions of the maps should not exceed 36" x 42". Maps shall be folded no larger than 8" x 14" with the project name and address showing on the front. 1. Include 30 reduced. copies of the above items -(reduced to 8 IX' x 1-1 "). 2. Plans must be completely dimensioned with the scale clearly indicated. Orient the maps with North position toward the top of the page or clearly indicated. 3. Indicate address/legal description of the subject property on the plans. Indicate the applicant's name address and telephone number on the plans. 4. Show all property lines with a heavy dashed line. 5. Leave a 3" x 6" area blank on the plans. The set of plans should include: Site Plan: a. Show all existing and proposed buildings, structures, yards, driveways, height and number of stories for each structure on the subject property. b. Indicate streetiname(s), width, distance to center line and nearest cross street. C. Show the existing topography with slope measurements. d. If the project is proposed on any slope, show the Average Finished Grade (AFG) points of measurement. e. Designate the percent of slope on a separate plan by showing each slope range (0-10, 10-25, 25-50, 50- 100) with a different color. Include a legend. Elevation plans: a. Provide elevation plan (North, South. East & West) showing the height of structures with the. AFG clearly indicated. b. Show cross section of each structure with the AFG clearly indicated. C. Show any AFG calculations. Floor plans a. Lavel all rooms ' b. Indicate square footage for each floor and total square footage of each structure. Landscape Plans: a. Indicate location, size and general type of landscaping (ie. 6' pine tree, medium fern., etc.). Indicate irrigation plan. b. Indicate total square footage and percentage of landscaping on site. C. Show any walls, fences, fountains, etc. (include height) and other development features applicable to the request. Parking Plan a. Identify existing and proposed parking and landscape areas. b. Indicate the type of use (restaurant, medical office, etc.) and the corresponding square footage. C. Show the number of stalls and their dimensions, aisles, turning area and driveways. d. Show trash/recycle enclosures. C. Show loading/unloading zones, docks, etc. Conditional use Permit Requh merits 2 Preliminary Grading Plan: a. If the project proposes any grading, provide a preliminary grading plan which calls out the quannty of import or export. b. _ Indicate the area of fill and the area of excavation. C. Show retaining walls/walls and indicate top of wall, top of footing, and finish surfaces Sign Plan: a. If the project proposes any signage, provide a sign plan which shows all existing and proposed signage. b. Show the building frontage and the location of the sign. C. Show the sign in detail and indicate the sign material,color, copy and leter style. d. Include any development standards for signage on the subject property as indicated by any existing or proposed sign program. I. Protected Tree Statement: Under Section 22.38.040, a person shall not cut, prune, remove, relocate, or otherwise destroy a .protected treee. Damage includes but is not limited to: burning, application of toxic substances, pruning or cutting. trenching. excavating, paving, operation of machinery or equipment, or changing, of the natural grade. See Protected Tree Application for requirements. Photos: Photos of site, and key diagram. K. Filing Deposit: The case filing deposit must accompany the application. Make checks payable to the City of Diamond Bar. Consult Staff for exact deposit requirements. L. Public Hearing: You or your representative must be present at the public hearing and be prepared to testify in detail on your request. THE MATERIALS HEREWITH BEING SUBMITTED DO NOT CONSTITUTE A COMPLETE FILING OR AN ACCEPTANCE BY THE CITY. Within 30 days from the date noted on the Fee Receipt, the applicant or his agent will be mailed a statement notifying him if additional materials or information are needed. It should also be noted that additional environmental material/data may be required before project processing can begin and a public hearing meeting scheduled. The results of the staff environmental review (Initial Study) will be sent to you as soon as possible. AT THE TD E THE INITIAL STUDY IS COMPLETED, YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL ENVIRONMENTAL FEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Planning Di�•iswn. Condiricnal Use Pamir Requirements 3 INSTRUCTIONS FOR COMPLETING INITIAL STUDY QUESTIONNAIRE TO THE APPLICANT: The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible environmental impacts. This Initial Study process is intended to determine the type of environmental documentation necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire and other material which you must provide and an analysis of potential impacts prepared -by staff --often with the input from reviewing agencies with special expertise. This process can be expedited with your cooperation. The project file must include the following exhibits, which you must provide 1. Initial Study Questionnaire: a. In completing this questionnaire, all questions should be answered as completely as possible,(attach extra pages if necessary). If requesting a land division, it should be anticipated that future development will take place, and the questionnaire completed accordingly. Preliminary grading and/or development concepts should be submitted, even if no immediate construction is anticipated. 2. Development Plan with Contours showing: a. the location and layout of the proposed development or possible pad location; b. native vegetation --including the location, spread, health and circumference (measured 4 12 feet above ground level) of any oak trees, walnut, sycamore, California pepper and Arroyo Willow; and C. emsting and proposed landscaping. 3. Vicinity Map of appropriate scale showing the subject property in relation to nearby streets and other significant physical features. Street maps (such as Thomas Guide) in urban areas or U.S.G.S. Quad Sheets in rural areas- should be used. (Quad Sheets area available at many map stores or from the Department of the interior Geologic Survey, 300 North Los Angeles Street, Room 7638, Los Angeles - this is the Federal Building in Los Angeles Civic Center.) 4 Photographs of the site, pad locations and surrounding area. An index map keyed to the photographs should be provided, showing the location and direction of each photograph. cl Generalized land use map of appropriate scale for the project site and surrounding properties, with uses clearly labeled. Be certain that the project number(s) is on all material (e.g. maps, photographs, questionnaire). FAILURE TO SUBMIT ALL REQUESTED MATERIALS AND TO PROVIDE COMPLETE QUESTIONNAIRE FINTOPUMATION CAN RESULT IN DELAYS IN PROCESSING YOUR CASE. Initial Study Questionnaire. Page 1 Staff Use Project No. y INITIAL. STUDY QUESTIONNAIRE (to be completed by applicant) A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: City.of Diamond Bar Bob Rose NAME NAME 21825 E. Copley Drive Same as Owner ADDRESS Diamond Bar, CA 91:765 ADDRESS (909) 860-2489 (909) 861-3117 (909) 396-5694 (909) 861-3117 ' PHONE # FAX# PHONE # FAX# 1. Action requested and project description: Temporary Revision to CUP 94-04 for the extension of use of ballfield lighting. Increase usage from Su-Th Sunset to 8pm / Fr-Sat Sunset to 9pm to Everyday except Wednesday from Sunset to 9pm'and Wednesday from Sunset to 10pm 2. Street location of project: _ 738 Pantara Drives 3. Present use of site: C'ty Park 4 Previous use of site or structures: -iif a 5. Project Description a. Site Size (total area) 23.8 acres b. Square Footage (covered by structures, paving C. Number of floors of construction n/a d. Amount of o$-street -parking provided e. Landscaping, open space 8..3 acres f. Propose scheduling 8/15/01 to 12/31/01 g• Associated projects n/a h. Anticipated incremental development n/a Initial Study Questionnaire. Page 1 i. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and tn'pe of household size expected) n/a j. If commercial, indican the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. n/ a k. If industrial, indicate type, estimated employment per shift, and loading facilities n/a 1. If institutional, indicate the major function, estimated employment per shift, estimated occupancy. loading facilities. and community benefits to be derived from the project. n /a M. if the project involves a variance, conditional use or rezoning application, state this and indicate clearh• w•hv the application is required. G Plcase list all previous cases (if any) related to this project: S=_-4-04 List related permit/approvals required. Specify type and granting agency, n /a 8 Are you planning future phases of this project? If yes, explain: 9. Present zoning: 10. Water and sewer service: Y N�— Domestic Public Water Sewers Does service exist at site? Y X N _ Y -X— N _ If ves, do purveyors have capacity to meet demand of Project and all other approved projects? Y -' N _ Yy, N _ Initial Study Questiormaire - Page 2 If domestic water or public sewers are not available, how will these services be provided? 11. Residential Projects: n/a a. Number and type of units: b. Floor area of each unit: c. Number of floors d. Schools: What school district(s) serves the property? Are existing school facilities adequate to meet project needs? YES NO If not, what provisions will be made for additional classrooms? 12. Non-residential projects: (commercial, industrial, institutional) a. Distance to -nearest residential use or sensitive use (school, hospital, etc.) adjacent (three i de ) b. Number and floor area of buildings: n/a C. Number of employees and shifts: _n/a d Matiimum employees per shift: n/a e Operating hours: standard Park Qp ra ting J=s f Community benefit to be derived from project: g Identify any: End products _n/a Waste products n/a Means of disposal n/a b. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO X_. If yes, explain Initial Study Questionnaire - Page 3 i. Do your operations require any pressurized tanks? YES NO X If yes, explain j. Identify any flammable, reactive or explosive materials to be located on-site. n/a k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? If yes, explain M 1:. Associated Projects n/a 1 a Anticipated incremental development n/a YES NO X_ 15 If residential. include the number of units, schedule of unit sizes n/a 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of salesa and loading facilities. %a 17. If industrial, indicate type, estimated employment per shift, and loading facilities n/a 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. n/a Initial Study Queaticnaire -Page 4 I B. ENVIRONMENTAL INFORMATION (to be completed by applicant) Environmental Setting --Project Site a. Existing use/structures Co=,ni t�E Park b. Topography/slopes Adjacent to undeveloped hillside *c. Vegetation 8.3 acres of landscaped/open space *d. Animals n/a *e. Watercourses n/a 1 f. CulturaVWstorical resources n/a g. Other 2. Environmental Setting -- Surrounding Area a. Existing uses structures (types. densities): Residential single family neighborhood b. Topography/slopes Adjacent to . undeveloped hillside *c. Vegetation Adjacent to undeveloped hillside *d. Animals Initial Study Que mwaire - page 5 *e. Watercourses n/a f. Cultural/historical resources n/a g. Other * Answers are not required if the area does. not contain natural, undeveloped land. 3. Are there any major trees on the site, including oak trees, walnut trees, sycamore, California pepper and arroyo willow? YES NO ,X_ If yes, type and number: 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?: YES NO X_ If yes, explain: 5 Grading: Wffl the project require grading? YES NO X_ If yes, bow many cubic yards? Will it be balanced on-site? YES NO If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO x_ If yes, explain: 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES Y _ NO Distance to nearest fine station: Initial Study Questionnaire - Page 6 Noise: Existing noise sources at site: Park activities, , all games and ni cni cs Noise or vibration to be generated by project: Same as existing 9. Fumes: Odors generated by project: n/a Could toxic fumes be generated? 10. Dust: Dust, ash, or smoke generated by project: n/a H. . What energy -conserving designs or material will be used? n/a CERTIFICATION: I hereby certil�, that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to of my knowledge and belief. _� � m � � of • ate ignature For: Initial Study QueWMMaire- Page 7 CONDITIONAL USE PERMIT BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfactionof the Planning Commission, the following facts: (answers must be full & complete) A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. Be materially detrimental to the tise, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health. safety or general welfare. Park and ballfield lighting usage are in accordance with the Cityof Diamond Bar Municipal Code B. That the proposed site is adequate in size and shape to accommodate the yards, walls. fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. Park has sufficient amenities to accommodate j2arr l2acit:v for recreational activities. C That the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. Park has adequate onsite parking to accommodate park capacity. Residential- n/a Total Units Bachelor 1 Bedroom 2 Bdrm. &. larger Total Pkg. Cov. Pkg. Uncov. Pkg. Project Size: n/a Lot Coverage: Density: Maximum Height: No. of floors: Sq. Footage Non-residential: Sq. fl. area No. of Bldgs. Occupant Load* CUP Burden of Proof - Page I Parking: 166 160 __ 6 Total Standard Compact Handicap Landscaping: Sq. feet Grading: Y _ N If yes, Quantity: Cut: Fill: Import: Y _ N _ If yes, Quantity: Export: Y _ N _ If Yes, Quantity: * Occupant Load as calculated by the Building & Safety Division is required for all dining, take-out or assembly use, churches, health clubs, theaters, etc. LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s) Area devoted to structures Landscaping/Open spaces Residential Project: and (gross area) (No. of lots) Propu,;cd dcnsm- (Units/Acres) P arkm g Required Provided Standard Compact Handicapped Total Conditional Use Permit Burden of Proof - Page 2 I C.U.P. APPLICATION CHECKLIST A. Application - B. Legal Description C. Burden of Proof D. Land Use Vicinity Maps: one folded full size and I reduced copy E. Surrounding Property Owners: Map: two full size copies folded Ownership Est: one Self-adhesive Labels: two sets F. Occupant Load G. Initial Study Photographs: two sets Plot plans where appropriate, with contours showing: 1. Grading for proposed buildable sites and access. 2. Location, species name, size and condition of oak trees, walnut trees, sycamore, California pepper and arroyo willow and other significant trees, or a letter indicating that no such trees are on the site. Environmental Infqrmation form H. Project Maps: 25 folded full size and 30 reduced copies of Site Plan Elevation Plan Landscape Plan Parking Plan Sign plan Preliminary Grading Plan I. Tree Statement J. Photos of site and key diagram K. Filing Fee Remed 5198 CUP CERTIFIED PROPERTY OWNER'S LIST ZONING CASE NO v STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR 1. , declare under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, that the attached list contains the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owners of the subject property and as owning property within a.distance of five hundred (500) feet from the exterior boundaries of property legally described as: Executed at California, this day of '19 Signature NOTICE OF PUBLIC HEARING PROPOSED NEW SINGLE FAMILY RESIDENCE FOR DEVELOPER'S NAME PHONE NUMBER FOR MORE INFORMATION CONTACT THE CITY OF DIAMOND BAR (909) 3WS676 N .Please place a detailed Notice of Public Hearing here. You use a copy of the Notice of Public Hearing that is mailed to the surrounding property owners. Font size and lettering should be proportionate with the size of the sign. Post this sign at the project site at least 10 days before the public hearing. Take pictures of the sign once it is posted at the site. - You will need to tum these pictures in to the City. The pictures will be retained as part of the applicant's file. DLWONDBAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager FROM: James DeStefano, Deputy City Manager DATE: June 13, 2001 SUBJECT: Census 2000 and Revenue Correlation = MI =1 Per the 1990 Census, the City of Diamond Bar's population was 53,672. Per the 2000 Census, Diamond Bar's population is 56,287, an increase of 2,615 persons or 4.9%. The following is a comparison of the two census' ethnicity information. The descriptions have changed from one census to another and those changes are represented in italic for the 2000 Census: Census Information 1990 Percent 2000 Percent Total population 53,672 100 56,287 100 RACE INFORMATION Respondents of One Race unavailable 53,919 95.8 as shown below: White -;i— 34,165 —63.7 23,103 41. African Black or American 3,036 5.7 2,680 4.8 American Indian, Eskimo, or Aleut Alaska Native instead of Eskimo 190 .3 185 .3 Asian or Pacific Islander --A—sian 13,360 24.9 24,066 42.8 Native Hawaiian or Other Pacific Islander --- 67 .1 Other Race Sub total ---------- -- 2,921 53,672 ___-___--5.4--------------3,818 100 56,287 6.8 95.8 Two or more races unavailable 2,368 4.2 53,672 100 56,287 100 Of the above information — Hispanic Origin of any race) 91*136 10,393 F FINANCIAL CORRELATION: The California State Department of Finance determines the Official State Estimates of City and County Population and Housing Estimates each year. The methodology for this includes the base year census data (decennial census counts) that are updated annually from a compilation of selected economic, social and demographic data. These include but are not limited to: ® Education enrollment ® Labor force and employment size reported by industry • Housing stock U. S. Income tax return data to estimate inter -county migration along with vital statistics, and population aged 65 and over ® Driver License Address Change and distribution ® Immigration data. - In previous years the population estimates for Diamond Bar were 58, 300 for Fiscal Year 1999-2006, and 59,100 for Fiscal Year 2000-2001. The 2000 Census number of 56,287 is less than anticipated by the State's estimates. Therefore, the State of California will use the 2000 Census population of 56,287 for Fiscal Year 2001-2002 STATE OF CALIFORNIA POPULATION NUMBERS USED FOR REVENUE CALCULATIONS FY 1999-2000 FY 2000-2001 FY 2001-2002 58,300 59 ,100 56,287 Several State Subventions are allocated on a per capita basis. These include: Motor Vehicle In -Lieu Tax Fee is equivalent to 2% of the market value of motor vehicle fees imposed annually by the state in lieu of local property tax. Gas Tax: 0 2105 City receives a distribution of special gas tax to fund improvements for regional transportation needs apportioned in the proportion that the total population of the city bears to the total population of all the cities in the state. ® 2106 City receives a fixed monthly apportionment of $400 on a per capita basis. ® 2107 A sum equal to .0075 cents per gallon is distributed monthly to cities based on a per capita apportionment (8.98 X population). ® 2107.5 A fixed amount (share) of revenue received from the state based on population, Proposition A -Transit Tax The City receives 25% of the 1/2% Prop A sales tax and is distributed on a proportional population basis. K Proposition C -Transit Tax • The City receives 20% of the 1/2% Prop C sales tax and is distributed on a proportional population basis. Air Quality-AQMD (AB 27 66) 66) • A percentage is allocated in the proportion that the total population of a city bears to the total population of the cities in the four counties within the district. Education Revenue Augmentation Relief (ERAF) 0 Allocated on a per capita basis. Traffic Congestion Relief Fund (AB 2928) • Fifty percent is allocated in the proportion that the total population of a city bears to the total population of all the cities in the state. As noted above, the California Depalment of Finance population estimate used for FY. 2000-2001 was 59,100. The population number that will be used for the revenue calculation for FY 2001-2002 is 56,287. Revenue is anticipated to decrease by an estimated $258,862 in FY 2001-2002 as shown by the Finance Division's below: City of Diamond Bar Per Capita Revenue Analysis Census Population Decrease in Revenue Population Ratio: 3,129,570! 2,980,611 148,959- Population per - 2000 Federal Census 56,287 or 0.9524031* 1 Population per - CA Dept of Finance! 59,1001 17,160 ;Gas Tax - 2107 or a 4.76% loss in State Revenues allocated on a per capita basis. —following The is an example of the potential loss to the City of Diamond Bar based on the current fiscal year's anticipated revenues (FY00-01). J. 770,8191 734,130 Per da-p-,ta Based State Revenues: -Consistent Revenues: 1—! FY00-01 Anticipated i $5,438,5871 $5,179,7251 $258,8621 1 It should be noted that there are various other State revenue sources which are allocated based' ,on a per capita basis. These include but are not limited to-ERAF and AB2928 -Traffic Congestion ,Relief Funds. These type of revenues are driven by the State's budgeting process and fluctuate ion an annual basis making it difficult to estimate the potential loss on these revenue sources. �F� Current DOF 1! Population ! Census Population Decrease in Revenue :Motor Vehicle in Lieu -&as —Tax 3,129,570! 2,980,611 148,959- - 2105 I 360,517j 343,357 17,160 ;Gas Tax - 2107 474,848! 452,246 22,601 'Prop A - Transit 770,8191 734,130 36,689 — Prop C - Transit 640,0291; 609,566 -------------------- 30,464 AB2766 (AQMD) I i;? RnA! Ra R I r, 00001 1 $5,438,5871 $5,179,7251 $258,8621 1 It should be noted that there are various other State revenue sources which are allocated based' ,on a per capita basis. These include but are not limited to-ERAF and AB2928 -Traffic Congestion ,Relief Funds. These type of revenues are driven by the State's budgeting process and fluctuate ion an annual basis making it difficult to estimate the potential loss on these revenue sources. �F� According to the State Department of Finance, "the population data and models used to produce estimates are subject to measurement and nonmeasurement error, resulting in imperfect correlation's between the data used and actual population change." The above table indicates that over the course of the ten years from 1990 to 2000, the City has been the, recipient of a higher population estimate. It is therefore anticipated, that future adjustments for errors, housing review, DMV registrations, etc. as noted above will revise the census counts and future population estimate adjustments will be made. Prepared by: Linda Smith, Development Services Assistant 4 o 0z C) CD Z C) CD *0 > C'O C/I =r tin YO Co CD cn t) 6 w 0 z = 0rn o CD n CD Co) z 0 0n 0 w >> C/) OC7 w C/) 0 0 rDr > C) C/)Ln 4t 0 C) 0 0 C) D C) sl� r) O CD 0 %D If Cl) C) 00 IQ 0 Ij C) tj 0 Ij C) 0 C) 01, 1,j ro C7, U.) z C) r> z 0 cn I,jNJ 00 �A C) > -,j uj LA 0 C 0 00 C) C) � o 00 Cl) o ZZ 0 d 0 0 1 0 4 > d 0 C) Z 071 0 C) Z TJ Z— qq C) x 00 0 0 on 00 > H M > HM O 0 00 z0 00 0 z C) > o Eif tzl z CD CD Cil 0 CD 00 v, 00 C) C/I —r >— — . I:) > C'O =r YO Co a cn t) 6 0 = 0rn cr 0 w >> OC7 w C/) rDr > C/)Ln D C) sl� r) Cl) r) IQ 0 Ij C) tj 0 Ij C) 0 C) 01, 1,j ro C7, U.) >r r> cn I,jNJ 00 �A C) > -,j uj LA U, 00 cn � o 00 M d > > d x 00 on 00 O 00 00 o 00 on LA nil O cn 0 Joseph Praster 416 S. Palo Cedro Drive Diamond Bar, CA 91765 August 7, 2001 City of Diamond Bar Planning Commission 21825 E. Copley Drive Diamond Bar, CA 91765 Dear Sir: J(2, I have been a resident of Diamond Bar for seven years, and have participated in the recreational softball program for the past two years. I currently manage and or play on three teams in Diamond Bar, including one that regularly has games on Wednesday nights. My entire family has thoroughly enjoyed spending Sunday mornings and Wednesday evenings at the local park. This program has had a significant impact on our lives in several ways. In addition to the obvious benefits from just getting out on a regular basis and exercising, my wife and I have developed lifelong friendships while participating in the Diamond Bar recreational softball program. Additionally, I regularly utilize the softball fields as a forum for networking with business and professional contacts. I am pleased to hear that the fields at Peterson Park are being renovated. However, I urge you to allow the Wednesday program to continue, uninterrupted, at Pantera park while those renovations are being completed. I am certain that an extended disruption in the Wednesday program would result in several teams leaving Diamond Bar to find a league in another city. Softball participants, their families and the City of Diamond Bar would all benefit most from an uninterrupted Wednesday program. Thank you for your attention and consideration to this matter. Sincerely, JOS PH A. P/S!TER . � F1 ie- PZ - CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On August 14, 2001, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Ruben Soriano, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On August 10, 2001, 1 posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on August 14, 2001, at each of the following locations: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 10, 2001, at Diamond Bar, California. Ruben s-o�nano Community and Development Services Dept. gA\affidavitposting.doc C (2 PC P L - August 10, 2001 City of Diamond Bar Community and Development Services Dept./Planning Division 21825 Copley Drive Diamond Bar, CA 91765 Dear Diamond Bar Community and Development Services Dept./Planning Division: I am writing in opposition of the proposed extension of hours for the ball field lights at Pantera Park. I have been a resident in this community since the track of homes surrounding Pantera Park, which was for many years a dirt Iot, was constructed. I was strongly opposed to having ball field lights at the park at all, as the neighborhood surrounding the park is solely residential. While the noise and traffic that the park ball fields bring to my neighborhood is disturbing to me and many of my neighbors during regular daytime hours, it brings more concerns to me that the City would consider extending the hours, which I feel are already unreasonably late, even later, While all of this may seem trivial to you, my strongest opposition comes from having my two young children in the house. A reasonable hour for young children to go to sleep is 8 o'clock P.M., and is subsequently the same hour I choose to put my children to sleep. This objective, however, is impossible for me to attain as the hours for the ball field lights currently extend to 8 and 9 o'clock P.M. Not only do the lights currently remain on until this late hour, the players and crowds take quite long to vacate the area: The crowds from the ball fields constantly park directly in front of the homes on Pantera Drive and Bowcreek rather than using the parking lot provided. This leads to event attendees lingering around in front of the houses making noise and disturbing the peace and tranquility one should expect to maintain in her own home. The City "Vision" states: The constellation of all parts of this Vision should produce and project an identity which is characterized by a peaceful, safe community which cherishes the rights of its citizens to grow and prosper, to assemble and interact constructively, to create and protect family life, and to be represented by an effective, caring and productive City government. The Diamond Bar Vision recognizes that a strong, viable partnership between its citizens and elected officials will be necessary to ensure attainment of the community's vision. The ')7ath" to the future will require a mutual commitment. In reading the City's Vision, I notice words like peaceful and safe, as well as phrases indicating cherishing the rights of the citizens. I strongly believe that the City is violating its own vision by allowing the residents surrounding Pantera Park to be inconvenienced by the already late tragic, noise, and gathering in front of our homes. I strongly request that the City does not extend the presently inconvenient hours of the ball field lights at Pantera Park, but rather bestows the residents surrounding the park with the peaceful, safe community that we deserve to live in. While many of my neighbors remain silent in times of dispute as a matter of their respective cultures, I can assure you that the whole of the residents directly affected by the ball field lights are unhappy with the noise, parking, and traffic. I respectfully request that you consider this in your decision, rather than base your actions solely on a lack of response. Sincerely, Io Kovaler-Akerlind 723 Pantera Drive Diamond Bar, CA 91765 (909) 860-7323 CC: -Mayor Robert Duff Mayor pro Tem Carol Herrera Council Member Eileen R. Ansari Council Member Wen Chang Council Member Deborah H. O'Connor City Manager's Office ao�tNSo C C'r# 41% AMERICAN YOUTH SOCCER ORGANIZATION a nonprofit corporation dedicated to youth soccer everyone playl FUNDED A;R vt)�"*n ai bilt.; _---J10 August 1, 20Qhjvmsw To The City of Diamond Bar This letter formalizes Diamond Bar AYSO's support of changing the time that the lights at Pantera park are turned off from 8:00 PM to 9:00 PM during the renovation of Peterson park. Our Fall soccer season (running August to December) currently has approximately 1200 children enrolled. These children are arraigned into 125 teams. This, of course, leads to problems scheduling practices. There are never enough fields. The closure of Peterson park has made this problem that much worse. An extra hour of practice time at Pantera would allow.(depending on age) per night to be scheduled. Tiqlig'(. W6��l eV4-'� i4gaptuoblem somewhat. Sincere l arc Potter Regional Commisioner Diamond Bar AYSO (Region 31) 1840 MORNING CANYON ROAD DIAMOND BAR, CA 91765 Filo n I and G ;;ady Ib, File rev' w d by on7 . 4ZL cl,nd fs ready for .destruction "by City Clerk