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Home My WebLink AboutPC 2002-04PLANNING COMMISSION RESOLUTION NO. 2002-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY - COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2002-01. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2002-01. Hereinafter in this Resolution, the subject Development Code Amendment 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 requires modification in order to implement the General Plan: Article 11 Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, Table 2-5 and Table 2-6 Article III Section 22.42.035, Computer Services/Network Gaming Centers, (add new section) Article IV Section 22.80.020 Definitions of Specialized Terms and Phrases, Definitions, "C" (add new definition) 3. On February 28, 2002, notice for this project was published in the Inland Valley Bulletin 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 rnai!o ; 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, on February 28, 2002, public notices were posted in nine public plac3s (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). 4. On March 12, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 5. _ On March 12, 2002, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2002-01 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 here- by 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. 2002-01 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: 2 ATTEST: — 3 (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 MARCH 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ekG Joe R cka, C airman 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 March 2002, by the following vote: AYES: Nelson, Nolan, Tanaka, V/C Tye, C/Ruzicka NOES: None ABSENT: None ABSTAIN: None r� I ATTEST: — 3 V DEVELOPMENT CODE AMENDMENT NO. 2002-01 EXHIBIT «A„ Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, of Article 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND. USE (1) PERMIT REQUIRED BY DISTRICT See standards -in Sections: RECREATION, EDUCATION ANO OP OB CO PURI IC 4SSEURLY USES Clubs, lodges, and private meeting halls P P P Comm unity/cultural centers P P P Cultural facilities, libraries and museums P P P Computer Services/Network Gaming Centers CUP CUP 22.42.035 Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Religious places of worship CUP CUP CUP Schools -public and private P P P Studios -art, dance, and music, photography, etc. CUP Theaters, auditoriums, meeting halls CUP I CUP I CUP Section 22.10.030, Commercial/]ndusirial District Land Uses and Permit Requirements, of Article 11, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: 1 TABLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE'(1), + PERMIT REQUIRED BY DISTRICT See standards in Sections: RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 _ ASSEMBLY USES Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers CUP Computer Services/Network Gaming Centers CUP CUP 22.42.35 Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusementlentertainment facilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -public and private P. P Schools -specialized education and training P P P P Studios -art, dance, and music, photography, etc. CUP CUP CUP Theaters, auditoriums, meeting halls CUP I CUP Section 22.42.035, Computer Services/Network Gaming Centers, of Article Ill, Title 22 of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: A. Standards for Computer Services/Network Gaming Centers. The following standards shall apply. 1. Conditional Use Permit required. Permit processing for computer services/network gaming centers shall be subject to the following: a. Shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines. In addition, a security guard shall be provided for each 20 machines from 6:00 p.m. to closing daily. (Additional attendants and/or security M. Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; n. Entrance doors shall be equipped with an automatic self-closing system; surveillance or guards may be required if it is deemed necessary by the Los Angeles County Sheriff's Department or the Planning - Commission.) b. for. Computers shall be available for use only between 10:00 a.m. and 12:00 midnight on Sunday Thursday; and between 10:00 a.m. and 2:00 a.m. on Friday and Saturday; - C. Minors (under 18 years of age) shall not enter a computer services/network gaming center after 10:00 p.m unless accompanied by a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuance. of Certificate of Occupancy, if required by the City or the County of Los Angeles; - f. Shall provide a waiting area with seating equal to one seat for every four computer stations; and no waiting list shall be maintained beyond the seating capacity of the waiting area; g. There shall be no loitering around any computer services/network gaming center; business owner shall be responsible for posting "No Loitering" and curfew signs in front of the business; h. Each computer services/network gaming center shall provide at least one toilet and lavatory facility accessible to customers and employees; s: c L Shall provide one parking space for every 35 square feet of gross floor area devoted to computer stations; j. Shall provide one parking space for every seat in the waiting area; k. Shall provide bicycle parking adjacent to the premises; 1. Floor plan shall be designed in a manner that places the attendant or supervisor duty in a position to see all computer screens; M. Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; n. Entrance doors shall be equipped with an automatic self-closing system; o. Alcohol consumption shall be prohibited; p. Accessing adult-oriented internet sites shall be prohibited unless the business has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult websites; q. Walls separating the computer services/network gaming center _ from adjoining uses shall comply with the sound transmission code -- rating of at least 45 or employ other noise attenuating devices as approved by the City; and r. A computer services/network gaming center shall not be operated in a detrimental manner to adjoining businesses and the community. Procedures for revocation or modification of the Conditional Use Permit shall be as established by Article V, Chapter 22.76, Revocations and Modifications. 2. Amortization. All computer services/network gaming center businesses in existence on the date of adoption of this Ordinance shall be in full compliance with the provisions of Section 22.42.035 within six months from effective date of this Ordinance. Section 22.80.020 Definitions of Specialized Terms and Phrases, of Article IV, Title 22 of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: Definitions, "C" Computer Services/Network Gamin„ Center. A business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high-speed computers available to patrons for a fee. This type of business establishment also allows patrons to browse the Internet, check e-mail and download files. (See Section 22.42.035.) rs rsvnu•sa— vvsssyss.»sarsv RESOLUTION NO. 2002-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2002-01. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2002-01. Hereinafter in this Resolution, the subject Development Code Amendment 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 requires modification in order to implement the General Plan: rticle 11 ection 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements; Table 2-5 and able 2-6 rticle III ection 22.42.035, Computer Services/Network Gaming Centers, (add new section) rticle IV ection 22.80.020 Definitions of Specialized Terms and Phrases, Definitions, "C" (add new definition) 3. On February 28, 2002, notice for this project was published in the Inland Valley Bulletin 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 m:!oj 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, on February 28, 2002, 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). 4: On March 12, 2002; the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 5. On March 12, 2002; the Planning Commission, after due consideration -. of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No: 2002-01 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. 2002-01 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: Certify to the adoption of this Resolution; and - Forthwith transmit a certified copy of this Resolution to the City Council forthwith. PROVED AND ADOPTED THIS 12TH OF MARCH 2002, BY THE PLANNING COMMISSION OF THE CITI DIAMOND BAR. _J :ka, C )airman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoinc Resolution was duly introduced, passed; and adopted by the Planning Commission of the City c Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of Marcl 2002, by the following vote: ES: Nelson, Nolan, Tanaka, V/C Tye, C/Ruzicka NOES: None ABSENT: None ABSTAIN: None.. ATTEST: mes DeSte no, Secretary 1 3 � DEVELOPMENT CODE AMENDMENT NO: 2002-01 EXHIBIT '�A, Section 22.10.030, Commercial/Industrial District Land Uses and Permit Requirements, of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2 -5 -ALLOWED TO USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND. USE (1) ' PERMIT REQUIRED BY DISTRICT See standards in Sections: " RECREATION, EDUCATION ANQ OP OB CO P11 RI IC ASSEMBLY USES Clubs, lodes, and private meeting halls Comm unit /cultural centers P P P ultural facilities, libraries and museums P P P Computer Services/Network Gaming Centers CUP UP 22.42.035 Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP 1 CUP xs ana i)iavarouncis Fj r Religious laces of worshi CUP CUP CUP Schools- ublic and rivate P P P Studios-art, dance, and music, j2hotography, etc. CUP Theaters, auditoriums, meetinci halls CUP CUP CtTP Section 22.10.030, Commerciat/Indus:rial District Land Uses and Permit Requirements, .w... of Article II, Title 22 of tt City of Diamond Bar Municipal Code is hereby amended to read as follows: BLE 2 -6 -ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS ND USE' 1 - -": ' e PERMIT REQUIRED BY DISTRICT RECREATION, EDUCATION AND PUBLIC C-1 C-2 C-3 _ Adult oriented businesses 1 See standards Sections: ibs, lodes, and private meeting halls CUP CUP Community/cultural centers cu ;omputer Services/Network GamincuP CUP 22.42.35 Centers Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusementlentertainment facilities CUP CUP Outdoor recreation CUP Religious laces of wo[aLiL CUP CUP CUP Schools-ipublic and private schools -specialized education and training P P I P P >tography, 'heaters, auditoriums, meetina halls I I CUP I CUP I I I Section 22.42.035, Computer Services/Network ,Gaming Centers, of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: 4. Standards for Computer Services/Network Gaming Centers. The following standards shall apply. 1. Conditional Use Permit required. Permit processing for computer services/network gaming centers Shall be subject to the following: a. Shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines. In addition, a security guard shall be provided for each 20 machines from 6:00 p.m. to closing daily. (Additional attendants and/or security ommissionj lComputers shall be available for use only between 10:00 a -m. and 12:00 midnight on Sunday through Thursday; and between 10:00 a.m. and 2:00 a.m. on Friday and Saturday; Minors under 18 years of age) shall not enter a computer ervices/network gam in center after 10:00 p.m. unless accompanied by a parent or guardian. Hours of operation shall be posted in a conspicuous place; business license shall be obtained, prior to the issuance., of lCertificate of Occupancy, if required by the City or the County of Los Angeles; hall provide a waiting area with seating equal to one seat for ever our computer stations; and no waiting list shall be maintained e and the seating capacity of the waiting area; There shall be no loitering around any computer services/network Wming center; business owner shall be responsible for posting "No Loitering" and curfew signs in front of the business; Each computer services/network gaming center shall provide at least one toilet and lavatory facilitv -accessible to customers and 1 hall provide one parking space for every 35 square feet of gross loor area devoted to computer stations; hall provide one parking space for every seat in the waiting area; hall provide bicycle parking adjacent to the premises; Floor plan shall be designed in a manner that places the attendant r supervisor duty in a position to see all computer screens; :... Business unit windows and lass doors shall remain unobstructed t all times; all entrances and interior areas shall be adequately lighted, and a lighting Ian shall be reviewed and approved by the City rior to commencement of business; Entrance doors shall beequipped with an automatic self-closing vstem; o. Alcohol consumption shall be prohibited; 1 p. Accessing adult-oriented internet sites shall be prohibited unless the business has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult websites; q. Walls separating the computer services/network gaming center. from adjoining uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the City; and r. A computer services/network gaming center shall not be operated in a detrimental manner to adjoining businesses and the community. Procedures for revocation or modification of the Conditional Use Permit shall be as established by Article V, Chapter 22.76, Revocations and Modifications. 2. Amortization. All computer services/network gaming center businesses in existence on the date of adoption of this Ordinance shall be in full compliance with the provisions of Section 22.42.035 within six months from effective date of this Ordinance. Section 22.80.020 Definitions of Specialized Terms and Phrases, of Article IV, Title 22 of the City of Diamond Bar Municipal Code is hereby inserted to read as follows: DEfinitions, "C" _ Computer Services/Netw.)rk Gamin;; Center. A business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high-speed computers available to patrons for a fee: This type of business establishment also allows patrons to browse the Internet, check e-mail and download files. (See Section 22:42.035.) 1