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HomeMy WebLinkAboutPC 2000-02r , PLANNING COMMISSION RESOLUTION NO. 2000-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 99-1, SUBDIVISION ORDINANCE AMENDMENT NO. 99-1 AND NEGATIVE DECLARATION NO. 99-9. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1 and Negative Declaration No. 99-9. Hereinafter in this Resolution, the subject Development Code Amendment, Subdivision Ordinance Amendment and Negative Declaration shall be referred to as the "Application". 2. The Community and Development Services Department has determined that the following existing development ! r standards within the Development Code require modification in order to implement the General Plan: Article II, Sections 22.06.040 -Table 2-2, 22.08.240 - Table 2-4 and 22.10.030 -Tables 2-5 and 2-6; Article III, Sections 22.42.110 -Table 3-15 and 22.42.060- B.6. and B.10.; Article IV, Section 22.44.020, Table 4-1; and Article V, Section 22.68.030. 3. The Community and Development Services Department has determined that the following existing standards within the Subdivision Ordinance require modification in order to implement the General Plan: Article I, Section 22.01.040-A.; and Article II, Section 22.20.110-A. 4. Pursuant to Planning and Zoning Law Government Code Section 65091 (a) (3) requiring at least a one -eight page 4i display advertisement in at least one newspaper of general circulation, on November 23, 1999, notification 1 of the public hearing for this Application was provided in the San Gabriel Valley Tribune and Inland Valley Daily I!x Bulletin newspapers. Furthermore, on November 22, 1999, Ii"�!a;9��4� public notices were posted in five public places (City d Hall, South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, and Vons/Savon Community Board.) 5. On December 14, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. On December 14, 1999, the public hearing was continued to January 11, 2000. On January 11, 2000, the Planning Commission directed staff to prepare a resolution recommending approval of the Application to City Council. The public hearing was continued to and was concluded on January 25, 2000. 6. Following due consideration of public testimony, staff analysis, and the Commission's deliberations, the Planning Commission has determined that Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 attached hereto as Exhibit "A" implements the Strategies of the General Plan. B. Resolution. 0 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 Initial Study review and Negative Declaration No. 99-9 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 99-9 reflects the independent judgement of the City of Diamond Bar. 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 2 •_ a �.�"�taat d...ke� 6mgvi 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, this 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 the findings and conclusions set forth above, the Planning Commission hereby recommends that 'the City Council adopt Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No.99-1 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 25TH OF JANUARY 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: l ;Steve Tye 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 25th day of January 2000, by the following vote: AYES: Tye, Nelson, Ruzicka, Kuo NOES: None ABSENT: McManus ABSTAIN: None r ATTEST: James DeS efano, Secretary 3 CITY OF DIAMOND BARD I Exhibit "A" ZONING CODE AMENDMENT NO. 99-1 ARTICLE II Development Amendment to Section 22.06.040, Zoning Consistency Matrix, Table 2-2 GENERAL PLAN DESIGNATION EXISTING ZONING DISTRICT APPLICABLE DEVELOPMENT Setbacks Required CODE STANDARD Rural Residential (RR) R-1 40,000 Rural Residential (RR) Max 1 DU/AC R-1 20,000 property line or Low Density Residential RPD 20,000 Low Density Residential (RL) Max 3 DU/AC R-1 15,000 descending slope R-1 10,000 whichever is RPD 10,000 applicable mot Coverage p R -A 10,000 30 percent R-1 9,000 R-1 8,500 PA -2 /SP Amendment to Section 22.08.240, Residential Zoning District General Development Standards, Table 2-4 Development RR RL RLM Feature Setbacks Required Rear 25 ft. from the 20 ft. from the 20 ft. from the property line or property line or property line or buildable pad on a buildable pad on a buildable pad on a descending slope descending slope descending slope whichever is whichever is whichever is applicable appl-cable applicable mot Coverage p 30 percent 30 percenz: 30 percent 1 - _-7— .- n. Amendment to Section 22.10.030, Allowed Uses and Permit Requirements For Office Zoning Districts, Table 2-5 LAND USE PERMIT REQUIREMENT BY DISTRICT RETAIL TRADE USES Alcohol beverage sales - off-s_te Alcohol beverage sales - off -size - in conjunction with the sale of motor fuel Alcohol beverage sales - on-site OP OB c0 P ( P I P CUP I CUP MCUP f MCUP MCUP Amendment to Section 22.10.030, Allowed Uses and Permit Requirements for Office Zoning Districts, Table 2-6 LAND USE PERMIT REQUIREMENT BY DISTRICT Article III Amendment to Section 22.42.110, Required Setbacks -Accessory Uses and Structures, Table 3-15 Single -Family Detached Homes Accessory Structure Type of Setback Required Setback Swimming pool, spa, fish pond, Sides, rear 5 ft. outdoor play equipment Street side As required by the main structure Amendment to Section 22.42.060, Guest Houses B.6. Size and permit requirements. A guest house of 500 square feet of gross floor area may be approved by the Director. Guest houses in excess of 501 square feet and not exceeding 1,200 square feet or up to 25 percent of the main dwelling's square footage, whichever is less, may be approved by a Minor Conditional Use Permit in compliance with Chapter 22.56 (Minor Conditional Use Permit). 2 9 ,ti�.ri�� ., .. o-,. .�' i.D!,, �kfif:� .., ,",,s.' daF%,fie Y-�I A"i" '7 D � '4 { C-1 C-2 C-3 RETAIL TRADE USES P P P Alcohol beverage sales - off-site Alcohol beverage sales - off-site - in CUP CUP CUP conjunction with the sale of motor fuel Alcohol beverage sales - on-site MCUP MCUP MCUP Article III Amendment to Section 22.42.110, Required Setbacks -Accessory Uses and Structures, Table 3-15 Single -Family Detached Homes Accessory Structure Type of Setback Required Setback Swimming pool, spa, fish pond, Sides, rear 5 ft. outdoor play equipment Street side As required by the main structure Amendment to Section 22.42.060, Guest Houses B.6. Size and permit requirements. A guest house of 500 square feet of gross floor area may be approved by the Director. Guest houses in excess of 501 square feet and not exceeding 1,200 square feet or up to 25 percent of the main dwelling's square footage, whichever is less, may be approved by a Minor Conditional Use Permit in compliance with Chapter 22.56 (Minor Conditional Use Permit). 2 9 ,ti�.ri�� ., .. o-,. .�' i.D!,, �kfif:� .., ,",,s.' daF%,fie Y-�I A"i" '7 D � '4 { B.10. Parcel coverage. The guest house, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 30 percent. Article IV Amendment to Section 22.44.020, Authority for Land Use and Zoning Decisions, Table 4-1 Type of Permit or Decision Director Hearing Planning City Officer Cam fission Council comprehensive Sign Program Final Appeal Article V Amendment to Section 22.68.030, Restrictions on Non -conforming Structures The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with Minor Conditional Use Permit approval, in compliance with Chapter 22.56 (Minor Conditional Use Permit). The Hearing Officer may approve a Minor Conditional Use Permit only if the following findings can be made, in addition to those contained in Section 22.56.040 (Finding and Decisions). In the case of residential dwelling units, the Director may approve the following if: 1. An addition or improvement is less than 50 percent of the existing square footage of all structures on site and lot coverage does not exceed 30 percent as listed in Table 2-4; 2. An addition or improvement conforms to all other applicable provisions of this Development Code; and 3. The exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot side yard setback. 3 SUBDIVISION CODE AMENDMENT NO. 99-1 �li�ll,�lflr; Article I Amendment to Section 21.01.040, Applicability A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21.03 (Subdivision Map Approval Requirements), and all other applicable provisions of this Title. All subdivision applications shall follow the same process as a Development Code Amendment. Article II Amendment to Section 22.20.110, Changes to Approved Tentative Map or Conditions 4 A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. The City Engineer, except as otherwise provided by this Section may approve said changes to a Tentative Map. Other changes shall require the filing and processing of a new Tentative Map. PLANNING COMMISSION RESOLUTION NO. 2000-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 99-1, SUBDIVISION ORDINANCE AMENDMENT NO. 99-1 AND NEGATIVE DECLARATION NO. 99-9. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 99-1, Subdivision Ordinance Amendment No. 99-1 and Negative Declaration No. 99-9. Hereinafter in this Resolution, the subject Development Code Amendment, Subdivision Ordinance Amendment and Negative Declaration shall be referred to as the "Application". 2. The Community and Development Services Department has determined that the following existing development standards within the Development Code require modification in order to implement the General Plan: Article II, Sections 22.06.040 -Table 2-2, 22.08.240Table 2-4 and 22.10.030 -Tables 2-5 and 2-6; Article III, Sections 22.42.110 -Table 3-15 and 22.42.060B.6. and B.10.; Article IV. Section 22.44.020. Table 4-1: and Article V. Section 22.68.030. 3. The Community and Development Services Department has determined that the following existing standards within the Subdivision Ordinance require modification in order to implement the General Plan: Article I. Section 22.01.040-A.: and Article II, Section 22.20.110-A. 4. Pursuant to Planning and Zoning Law Government Code Section 65091 (a) (3) requiring at least a one -eight page display advertisement in at least one newspaper of general circulation, on November 23, 1999, notification of the public hearing for this Application was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, on November 22, 1999, public notices were posted in five public places (City Hall, South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, and Vons/Savon Community Board.) 5. On December 14, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. On December 14, 1999, the public hearing was continued to January 11, 2000. On January 11, 2000, the Planning Commission directed staff to prepare a resolution recommending approval of the Application to City Council. The public hearing was continued to and was concluded on January 2S, 2000. 6. Following due consideration of public testimony, staff analysis, and the Commission's deliberations, the Planning Commission has determined that Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 attached hereto as Exhibit "All implements the Strategies of the General Plan. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of 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 Initial Study review and Negative Declaration No. 99-9 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 99-9 reflects the independent judgement of the City of Diamond Bar. 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 potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this 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 the findings and conclusions set forth above, the Planning Commission hereby recommends that'the City Council adopt Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No.99-1 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution, and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 25TH OF JANUARY 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: --Chai Steve Tye 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 25th day of January 2000, by the following vote: AYES: Tye, Nelson, Ruzicka, Kuo NOES: None ABSENT: McManus ABSTAIN: None ATTEST: James —DeS efano, Secretary CITY OF DIAMOND BARD Low Density Residential I RPD 1 20,000 1 Low Density Residential ZONING CODE AMENDMENT NO. 99-1 PA -2 Amendment to Section 22.08.240, Residential Zoning District General Development Standards, Table 2-4 evelopment RR RL RLM Feature Setbacks Required Rear 25 ft. from the 20 ft. from the 20 ft. from the property line or Amendment to SectioN 22.06 040, ZoninA Consistency Matrix, Table 2-2 GENERAL PLAN IDESIGNATIONI EXIS ING ZONING DISTRICT A.PPLICABLE DEVELOPMENT descendingsloe descending sloe descending slope CODE STANDARD Rural Residential RR R-1 40,000 Rural Residential RR Max 1 DU/AC R-1 20,000 30 percenz CITY OF DIAMOND BARD Low Density Residential I RPD 1 20,000 1 Low Density Residential ZONING CODE AMENDMENT NO. 99-1 PA -2 Amendment to Section 22.08.240, Residential Zoning District General Development Standards, Table 2-4 evelopment RR RL RLM Feature Setbacks Required Rear 25 ft. from the 20 ft. from the 20 ft. from the property line or property line or property line or buildable pad on a buildable pad on a buildable pad on a descendingsloe descending sloe descending slope whichever is whichever is whichever is applicable applicable applicable —lot Coverage 30 percent 30 perceriz 30 percenz F7- -T7M Amendment to Section 22.10.030, Allowed Uses and Permit Requirements For Office Zoning Districts, Table 2- 5 OB co P 11 pI PERMIT REQUIREMENT BY DISTRICT CUP Culp OP RETAIL TRADE USES Alcohol beverage sales - off-site Alcohol beve--aae sales - off -size - in conjunction with the sale of motor fuel Alcohol beverage sales - on-site MCUP MCUP IMCUP Amendment to Section 22. 0.030, Allowed Uses and Permit Requirements for Office Zoning Districts, Table 2- 6 C-2 C-3 C-1 P p p RETAIL TRADE USES Alcohol beverage sales - off-site Alcohol beverage sales - off-site - in conjunction with the sale of motor fuel Alcohol beverage sales - on-site CUP CUP CUP MCUP MCUP MCU Article III Amendment to Section 22.42.110, Required Setbacks -Accessory Uses and Structures, Table 3-15 Single -Family Detached Homes Accessory Structure Type of Setback Required Setback Swimming pool, spa, fish pond, Sides, rear 5 ft. outdoor play equipment Street side As required by the main structure Amendment to Section 22.42.060, Guest Houses B.6. Size and permit requirements. A guest house of 500 square feet of gross floor area may be approved by the Director. Guest houses in excess of 501 square feet and not exceeding 1,200 square feet or up to 25 percent of the main dwelling's square footage, whichever is less, may be approved by a Minor Conditional Use Permit in compliance with Chapter 22.56 (Minor Conditional Use Permit). Me, zr:r,'r B.10. Parcel coverage. The guest house, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of 30 percent. Article IV Amendment to Section 22.44.020, Authority for Land Use and Zoning Decisions, Table 4-1 Type of Permit or Decision Director Hearing Planning City Officer Commission Council Comprehensive Sign Program Final Appeal Article V Amendment to Section 22.68.030, Restrictions on Non -conforming Structures The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with Minor Conditional Use Permit approval, in compliance with Chapter 22.56 (Minor Conditional Use Permit). The Hearing Officer may approve a Minor Conditional Use Permit only if the following findings can be made, in addition to those contained in Section 22.56.040 (Finding and Decisions). In the case of residential dwelling units, the Director may approve the following if: 1. An addition or improvement is less than 50 percent of the existing square footage of all structures on site and lot coverage does not exceed 30 percent as listed in Table 2-4; 2. An addition or improvement conforms to all other applicable provisions of this Development Code; and 3. The exterior limits of new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portion of the existing structure (follow the development line of the existing structure); however, if the existing side yard setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot side yard setback. SUBDIVISION CODE AYMMMENT NO. 99-1 Article I Amendment to Section 21.01.040, Applicability A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21.03 (Subdivision Map' Approval Requirements), and all other applicable provisions of this Title. All subdivision applications shall follow the same process as a Development Code Amendment. Article II Amendment to Section 22.20.110, Changes to Approved Tentative Map or Conditions A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. The City Engineer, except as otherwise provided by this Section may approve said changes to a Tentative Map. Other changes shall require the filing and processing of a new Tentative Map.