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Home My WebLink AboutPC 95-04PC RESOLUTION NO. 95-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF w DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 94-4, A REQUEST TO DEVELOP A 23.8 ACRE SITE WHICH INCLUDES THE DEVELOPMENT OF TWO LIGHTED BALL FIELDS, MULTI -USE HARD COURTS, TENNIS COURTS, PICNIC AREAS, A TOT LOT, AND A TRAIL SYSTEM LOCATED EAST OF PANTERA DRIVE AND SOUTH OF BOWCREEK AT 700-800 PANTERA DRIVE, DIAMOND BAR, CA 91765. A. RECITALS. (i) The City of Diamond Bar, 21660 E. Copley Drive, Suite #100, Diamond Bar, CA 91765 has filed an application for a Conditional Use Permit as listed in the title of this Resolution, for property located at 700-800 Pantera Drive, Diamond Bar, California. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "the Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361(a). (iv) On January 9, 1995 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and continued the public hearing to February 27,-1995 and concluded said public hearing on that date. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 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 and determines that a Mitigated '- Negative Declaration has been prepared and presented for the review and approval by this Commission in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to section 15070(b)(1) of Article 6 of Title 14 of the California Code of Regulations. 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 the Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on substantial evidence presented to this Commission during the Iti public hearing, and by written and oral testimony provided at the hearing, this Commission hereby specifically finds as follows: rl (a) The Application applies to property presently zoned RPD - 20,000 -2U Zone, located at 700-800 Pantera Drive, on the east 'I side of the street; �i (b) Generally, the property is located in a residential neighborhood and is surrounded by single-family homes to the north, northwest, and south. The houses along Bowereek Drive and across Pantera Drive overlook the park site as it is located at a lower elevation, below the street grade. A large vacant site on a hillside to the west of the project, across Pantera Drive, is designated for school use. To the east and southeast the site adjoins a hillside developed with Walnut Valley Water District water tanks and a Los Angeles County Fire Department Helispot; it (c) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on December 16, 1994 and all property owners within a 1000 ft. radius of the project site were notified by mail; 2 t a y ll 1�A'�i..�k.;AWE'��1k.G,«�l�h''�:��`'�'il (d) The Application is for development of a 23.8 acre park located east of Pantera Drive and south of Bowcreek Drive. The `-3 requested master plan for the park includes development of two ball fields, multi -use hard courts, tennis courts, picnic areas, a tot lot, and a multipurpose community center approximately 7,500 square feet in size; (e) The nature, condition, and size of the site has been considered and determined to satisfy all applicable standards; (f) There is substantial evidence in the record that the Application is consistent with the contemplated General Plan as it will satisfy the need for active and passive park facilities and will not be detrimental to or interfere with the preparation of the future adopted General Plan; (g) That the site is physically suitable for the type of development requested, as 15.5 acres of the park will be developed with a mixture of active and passive uses and 8.3 acres will be maintained in an undeveloped state; (h) That granting the Conditional Use Permit is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (i) Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement; (j} The design and layout of the proposed development is consistent with the applicable elements of the contemplated General Plan, design guidelines and architectural criteria of the appropriate district as it will satisfy the need for active and passive park facilities; (k) The design and Iayout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards as the site is adequately served by Pantera Drive and Bowcreek Drive and will provide a minimum of 130 parking spaces on-site; i w 3 (1) The design of the development is compatible with the character of the surrounding current and proposed developments and will maintain the harmonious, orderly, and attractive development fMIN contemplated by this Chapter and the contemplated General Plan of the City; (M) The proposed use could not be detrimental to the public health, safety or welfare or materially injurious to the properties or im- provements in the vicinity. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application subject to the following conditions as to use: (1) The subject property shall be developed and maintained in substantial compliance with the plans presented to the Planning Commission on February 27, 1995 and marked Exhibit "A", except that the ball fields shall be lighted in conformance with the analysis presented. The community multi-purpose building and the water element shall be deleted from the master plan elements; (2) This grant will expire unless used within two (2) years of the date of approval. A one year extension may be requested before the expiration date; (3) This grant allows the establishment and maintenance of a community park. Outdoor lighting shall be designed so ?� that it does not adversely illuminate adjacent residential ii property; Ii (4) Unless otherwise apparent from the context, terms "permittee" shall include the applicant and any other person, corporation, or other entity making use of this grant; (5) The subject facility shall be developed and maintained in compliance with requirements of the Los Angeles County Department of Health Services. Adequate water and p' sewage facilities shall be provided to the satisfaction of the Public Works Director; i (6) Upon receipt of this letter, the permittee shall contact the Fire Prevention Bureau of the Los Angeles County 4 111 - TKI Forester and Fire Warden to determine what facilities may be necessary to protect the property from fire hazard. Any necessary facilities shall be provided as may LJ be required by Public Works Director; (7) All structures shall conform with the requirements of the Division of Building and Safety and the Department of Public Works; (8) The daily hours of operation for the park shall be limited to one half hour before sunrise to 10 p.m., ball field hours with lights shall be limited to 8 p.m. Sunday through Thursday and 9 p.m. on Friday and Saturday; (9) The project shall comply with all elements of the Mitigation Monitoring Program adopted as a part of the Mitigated Negative Declaration adopted for this project; (10) The entrance to the parking area shall be re -designed to provide dual points of ingress and egress, to the satisfaction of the Community Development Director and the Public Works Director; (11) All activities at the park shall comply with applicable City ordinances; (12) The property shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by a duly permitted waste contractor who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services; (13) Access shall be provided to the existing trails in the undeveloped portion of the park in such a manner so as to comply with the ADA standards. 9 The Planning Commission Secretary is hereby directed to: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to City of Diamond Bar to the addresses on file with the City. ADOPTED AND APPYE3J this 13th day of March, 1995 7 I, Robert Searcy, Acting 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 13th day of March, 1995, by the following vote: AYES: COMMISSIONERS: Ruff, Fong, Flamenbaum, Schad, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIO RS: ATTEST; obert Searcy, Acting etary C. M=RsV usoLrmCUP9a-a.M 6