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HomeMy WebLinkAboutPC 2002-02PLANNING COMMISSION RESOLUTION NO. 2002-02 ...A RESOLUTION OF THE PLANNING COIM WWE1 :CMN OF THE. CITY OF - DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2001-04. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001-04 and Categorical Exemption. Hereinafter in this Resolution, the subject Development Code Amendment and Categorical Exemption shall be referred to as the "Application." 2. The Community and Development Services Department has determined that the following existing development standard within the Development Code requires modification in order to implement the General Plan: Article IV - Section 22.50.030, Allowed Temporary Uses 3 4. On December 28, 2001, notice for this project was published in the Inland Valley Bulletfn and the San Gabriel Valley Tribune. 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 ons newspaper of general circulation: The City placed a one -eight page display advertisement in the above-mentioned newspapers of general circulation. Furthermore, on December 28, 2001, 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 January 8, 2002, The Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was continued to February 12, 2002, in order to allow staff additional time to research the matter further. 5. On February 12, 2002, after due consideration of public testimony, staff analysis and the Commission's deliberations, the Planning Commission has ' determined that the Development Code Amendment No. 2001-04 attached hereto as Exhibit A,implements the Strategies of the General Plan. The Planning Commission at that time concluded the public hearing. 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, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, is consistent with the previously adopted Negative Declaration No. 97-03 for the -City's Development Code. Therefore, further environmental review is not required. 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. 2001-04 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 12TH OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. ByLA��_ (L -7 - Steve Nelson, Chairman - 2 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 12th day of February 2002, by the following vote: AYES: V/C Ruzicka , Nolan, Kuo, Tye, C/Nelson NOES: None ABSENT: None A STAI*ne`ATTEST: J es Dary 3 DEVELOPMENT CODE AMENDMENT NO. 2001-04 EXHIBIT "A" Section 22.50.030 - Allowed Temporary Uses, of Article IV, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: a. The introductory paragraph is amended to read: "A use or activity that would require a Conditional Use Permit under this Title if established as a permanent use is not eligible for a Temporary Use Permit and is not permitted as a temporary use under this Chapter. The following temporary uses may be allowed subject to issuance of a Temporary Use Permit by the Director. " b. Subparagraph C is amended to read: "Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's markets, festivals, food events, sidewalk sales, outdoor entertainment/sporting events, and rodeos, fora maximum of10consecutive days, or six weekends, within a 12 -month period. c. Subparagraph F is amended to read: "Outside displays/sales. The temporary outdoor display/sales of new merchandise (except as provided below) by an adjoining business or in connection with an event permitted by paragraph C of this Section, in compliance with Section 22.42.080 (Outdoor Display and Sales). The display and/or sale of used merchandise or goods are prohibited except for a business located in the City that as part of the ordinary business operation sells used merchandise or goods." PLANNING COMMISSION RESOLUTION NO. 2002-02 A RESOLUTION OF THE PLANNING COW11SWON OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2001-04. A. RECITALS. _ 1. The City of Diamond Bar has- initiated ani application for Development Code Amendment No. 2001-04 and Categorical Exemption. Hereinafter in this Resolution, the subject Development Code Amendment and Categorical Exemption shall be referred to as the "Application." 2. The Community and Development Services Department has determined that the following existing development standard within the Development Code requires modification in order to implement the General Plan: on 22.50.030, Allowed Temporary Uses On December 28, 2001, notice for this project was published in the Inland Valley Bulletn and the San Gabriel Valley Tribune. 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 toast one -eight page in at least onz) newspaper of general circulation: The City placed a one -eight page display advertisement in the above-mentioned newspapers of general circulation. Furthermore, on December 28, 2001, public notices were posted in nine public places (City Hall/South Coast Air QualityManagement. 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 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard Albertson's and Heritage Park). 4. On January 8, 2002, The Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was continued to February 12, 2002, in order to allow staff additional time to research the matter 5. On February 12, 2002, after due consideration of public testimony, staff analysis and the Commission's deliberations, the Planning Commission has determined that the Development Code Amendment No: 2001-04 attached hereto as Exhibit "A" implements the Strategies of the General Plan. The Planning Commission at that time concluded the public hearing. 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 12TH OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. NOW, THEREFORE, it is found, determined and resolved by the Plannin 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 Aof this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act CEQA ; Section 15162 a of Article 11 of the California Code O Regulations and guidelines promulgated thereunder, is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Develo men Code. Therefore, further environmental review is not required: 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, an changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, here 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 1 4 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, Develo men Code Amendment No. 2001-04 attached hereto as Exhibit "A" and incor orate 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 12TH OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. r_'_ ---B 1 9 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 12th day of February 2002, by the following vote: AYES: V/C Ruzicka, Nolan, Kuo, Tye, C/Nelson NOES: None J es 5 De —tefao, Secretary it ABSENT: None A STAIN: ' ne ATTEST: DEVELOPMENT CODE AMENDMENT NO. 2001-04 EXHIBIT"A" Section 22.50.030 - Allowed Temporary Uses, of Article IV, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: a. The introductory paragraph is amended to read: "A use or activity that would require a Conditional Use Permit under this Title if - established as a permanent use is not eligible for a Temporary Use Permit and is not permitted as a temporary use under this Chapter. The following temporary uses may be allowed subject to issuance of a Temporary Use Permit by the Director. " b. Subparagraph C is amended to read: "Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's markets, festivals, food events, sidewalk sales, outdoor entertainment/sporting events, and rodeos, for a maximum of 10 consecutive days, or six weekends, within a 12 -month period. " c. Subparagraph F is amended to read: ,Outside displays/sales. The temporary outdoor display/sales of new merchandise (except as provided below) by an adjoining business or in connection with an event permitted by paragraph C of this Section, in compliance with Section 22.42.080 (Outdoor Display and Sales). The display and/or sale of used merchandise or goods are prohibited except for a business located in the City that as part of the ordinary business operation sells used merchandise or goods."