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HomeMy WebLinkAboutPC 2001-35PLANNING COMMISSION RESOLUTION NO. 2001-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2001-03 AND NEGATIVE DECLARATION NO. 2001-04. A. RECITALS. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001-03 and Negative Declaration No. 2001-04. Hereinafter in this Resolution, the subject Development Code 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 Section 22.08.240, Table 2-4, Residential District General Development Standards; Article III Section 22.34.030.D., Single-family Standards; Section 22.34.040.E., Multi -family Standards; Section 22.42.060.B.10., Parcel coverage; Article V Section 22.68.030.13.1., Changes to, or expansion of, a structure; and Article VI Section 22.80.020. Definitions — "S" definition of site` -coverage. 3. Notice for this project was published in the Inland Valley Bulletin on October 2, 2001, and the San Gabriel Valley Tribune on October 4, 2001. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on October 1, 2001. The Planning Commission of the City of Diamond Bar on October 23, 2001, conducted a duly noticed public hearing on the Application. The public hearing was concluded on October 23, 2001. 6. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Development Code Amendment No. 2001-03 attached hereto as Exhibit "A" implements the Strategies of the General Plan. 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 Initial Study review and Negative Declaration No. 2001-04 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. 2001-04 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. 2001-03 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 23RD OF OCTOBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: -� 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 23rd day of October 2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson, Tye NOES: None ABSENT: None ABSTAIN: N ne ATTEST: —P James Stefano, Secretary 1 DEVELOPMENT CODE AMENDMENT NO. 2001-03 EXHIBIT "A" Section 22.34.030.D., Property Maintenance Standards, Single-family Standards, Landscape maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: D. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, 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 so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Section 22.34. 040.E, Property Maintenance Standards, Multi -family Standards, Landscape maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: E. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation, (e.g., dead branches, palm fronds, lawns, etc.) 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 so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Section 22.08.240, Table 2-4, Residential Zoning District General Development Standards, of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Re uirements by Zoning District Development Feature RR RL RLM Lot Coverage 30 percent 40 percent 40 percent Section 22.42.060.B., Parcel coverage, of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: 10. Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of the 40 percent. Section 22.68.030.8., Restrictions on Nonconforming Structures, Changes to, or expansion of, a structure, of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: 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 40 percent as listed in Table to -4; Section 22.80.020., Definitions of Specialized Terms and Phrases — "S" of Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Site coverage. The percentage of total site area occupied by structures. Structures/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, sheds, trash dumpster enclosures, etc.) except tennis courts and pools/spas and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structures/building coverage is measured from exterior wail to exterior wall. See Figures 6-8 (Site Coverage). 1 PLANNING COMMISSION RESOLUTION N0. 2001-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT N0. 2001-03 AND NEGATIVE A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001-03 and Negative Declaration No. 2001-04. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred to as the 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 Section 22.08.240, Table 2-4, Residential District General Development Standards; Article III Section 22.34.030.D., Single-family Standards; Section 22.34.040.E., Multi -family Standards; Section 22.42.060.B.10., Parcel coverage; Article V Section 22.68.030.8.1., Changes to, or expansion of, a structure; and Article VI Section 22.80.020. Definitions - "S" definition of site -coverage. Notice for this project was published in the Inland Valley Bulletin on October 2, 2001, and the San Gabriel Valley Tribune on October 4, 2001. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one - eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Say-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 4. The Planning Commission of the City of Diamond Bar on October 23, 2001, conducted a duly noticed public hearing on the Application. The public hearing was concluded on October 23, 2001. 6. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Development Code Amendment No. 2001-03 attached hereto as Exhibit "A" implements the Strategies of the General Plan. 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. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 2001-04 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. 2001-04 reflects the independent judgement of the City 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 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2001-03 attached hereto as Exhibit The Planning Commission (a) Certify to the adoption of this Resolution; (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 23RD OF OCTOBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 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 23rd AYES: Zirbes, Ruzicka, Kuo, NOES: ABSENT: ABSTAI ATTES J James DlpStefano, Secretary 1 DEVELOPMENT CODE AMENDMENT NO. Section 22.34.030.D., Property Maintenance Standards, Single-family Standards, Landscape maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: D. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, 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 so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Section 22.34. 040.E, Property Maintenance Standards; Multi -family Standards, Landscape maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: E. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation, (e.g., dead branches, palm fronds, lawns, etc.) 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 so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Section 22.08.240, Table 2-4, Residential Zoning District General Development Standards, of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Requirements by Zoning Development Feature EXHIBIT RR RL RLM Lot Covera e 1 30 percent 1 40 percent 1 40 ipercent Section 22.34.030.D., Property Maintenance Standards, Single-family Standards, Landscape maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: D. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, 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 so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Section 22.34. 040.E, Property Maintenance Standards; Multi -family Standards, Landscape maintenance of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: E. Landscape maintenance. Yards and setback areas shall be landscaped with lawn, trees, shrubs, or other plant material, and shall be permanently maintained in a neat and orderly manner and substantially free of weeds, debris and dead, diseased or dying vegetation, (e.g., dead branches, palm fronds, lawns, etc.) 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 so as not to detract from the appearance of the immediate neighborhood. Irrigation systems shall be maintained to prevent public health or safety hazards. Section 22.08.240, Table 2-4, Residential Zoning District General Development Standards, of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Requirements by Zoning Development Feature Section 22.42.060.B., Parcel coverage, of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: 10. Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage of the 40 percent. Section 22.68.030.8., Restrictions on Nonconforming Structures, Changes to, or expansion of, a structure, of Article 111, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: 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 40 percent as listed in Table to -4; Section 22.80.020., Definitions of Specialized Terms and Phrases - "S" of Article VI, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: Site coverage. The percentage of total site area occupied by structures. Structures/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, sheds, trash dumpster enclosures, etc.) except tennis courts and pools/spas and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structures/building coverage is measured from exterior wail to exterior wall. See Figures 6-8 (Site Coverage).