HomeMy WebLinkAboutPC 2001-29PLANNING COMMISSION
RESOLUTION NO. 2001-29
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. On August 1, 2001, public hearing notices were mailed to approximately 167 property owners of
record within a 700 -foot radius of the project. On August 3, 2001, notification of the public hearing
for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers, and the project site was posted with a display board and the public notice was posted
in three public places.
3. On August 14, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed
public hearing on the Application.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of
Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part
A, of this Resolution are true and correct.
2. 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
potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends.
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4.
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.
Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as
follows:
(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, threeb�:_ ...... _courts, rest
room/concession building, tot lot, picnic -: r- c'. Ti := --onstruction 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;;; ,.
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The project site has a General Plan land use designation of Park (PK) and as such is
F,
consistent with a General Plan. A specific plan does not exist for the project site or area.
(h) The design, location, size and operation characteristics of the proposed use are compatible
with the existing and future land uses in the vicinity;
The design, location, size and operational characteristics of the Pantera Park was previously
'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 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.
5. 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.
3
(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. "I';;
(c) Conditional Use Permit No. 94-04 approved by the Planning Commission on March 13,
1995, shall remain in full force and effect except as amended herein.
(d) Parks and Recreation Division staff shall provide flyers containing strong language regarding
the use of the parking lot facilities and consideration of the surrounding neighborhood during
the use of the practice field ard.!or ball field on Wednesday night.
(e) If the Department of Fish and Game determines that°Fish and Game Code Section 711.4
applies to the approval of this project: then the applicant shall remit to the City, within five
days of this grant's approval. a cashiers check of S25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore, if this project is not
exempt from a 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.
BY -t ---> I
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:
AYES: Kuo, Tye, Ruzicka, Zirbes
NOES: None
ABSENT: Nelson
A STAIN: None
ATTEST:
James reStefano, Secretary
4
A. RECITALS.
B.
PLANNING
COMMISSION
RESOLUTION NO.
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
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
2. On August 1, 2001, public hearing notices were mailed to approximately 167
property owners of record within a 700 -foot radius of the project. On
August 3, 2001, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily
3. On August 14, 2001, the Planning Commission of the City of Diamond Bar
NOW, THEREFORE, it is found, determined and resolved by the Planning
This Planning Commission hereby specifically finds that all of the facts set
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to the provisions of the
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,
7-- -71111 1 1 r--11 -- I -- -'7T- I I- I
Based upon substantial evidence, this Planning Commission hereby
4. Based on the findings and conclusions set forth herein, this Planning
(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
courts, rest room/concession building, tot lot, picnic cr.= " V;,. Ir -.-- -
.Dnstruction 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(I)) 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 SingleFamily Residences -1 0,000 (R-1 -10,000) and Single -Family
(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 -
Conditional Use
(f) The proposed use is allowed within the subject zoning district with the
approval of a Conditional Use Permit complies with all other
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
(g) The proposed use is consistent with the General Plan and any
E
cl [—+f. — 1.0, 42
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.
(h) -The design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity;
The design, location, size and operational characteristics of the
Pantera Park was previously keviewed 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
As referenced above in Item (f), (g), (h), and (/), and the fact
that the modification to ball fields lighting schedule is
temporary and 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.
Granting th-e Conditional Use Permit will not be detrimental to the
As referenced above in Items (f), (g), (h), (i) and 6), granting the
temporaly modification to Conditional Use Permit No. 94-04 will
not be detrimental to the public interest, health, safety,
(k) The proposed project has been reviewed in compliance with the
Pursuant to the provisions of the Califomia Environmental
Quality Act (CEQA), Section 1530 1 (d) and guidelines
5. Based on the findings and conclusions set forth above, the Planning
(a) The temporarily operational hours of ball*field lights will be daily
except Wednesday - sunset to 9:00 p.m.; and Wednesdays -
3
(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. I
(c) Conditional Use Permit No. 94-04 approved by the Planning Commission on
(d) Parks and Recreation Division staff shall provide flyers containing strong
language regarding the use of the parking lot facilities and consideration
of the surrounding neighborhood during the use of the practice field
ardior ball field on Wednesday night.
(e) If the Department of Fish and Game determines that Fish and Game Code
Section 711.4 applies to the approval of, this ploicect. then the cappliCant
shall remit to the City, within five days of this grant's approval. a cashier's
check of S25.00 for a documentary handling fee in connection with Fish
and Game Code requirements. Furthermore-, if this project is not -exempt
from a filing fee i.-Tposed because the project has more than a deminimis
The Planning Commission
(a) Certify to the adoption of this
(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
BY:<f' _- --t — -1 k I --- Bob Zirbes,
Chairman
1, 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
AYES: Kuo, Tye, Ruzicka,
NOES: None ABSENT: Nelson
TINN
A S A one
ATTEST:
L*ffJames I
James
n„Stefano, Secretary
