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
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HELPFUL PHONE NUMBERS
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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
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/JUL 30 '01 08:36W CITY OF YORBA LINDA P.`
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!8.16.100
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(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
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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
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File rev' w d by
on7
. 4ZL cl,nd fs ready for
.destruction "by City Clerk