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HomeMy WebLinkAboutPC 2002-23PLANNING COMMISSION RESOLUTION NO. 2002-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 94-04 (3) AND CATEGORICAL EXEMPTION, A REQUEST TO 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 Conditional Use Permit No. 94-04 (3) and Categorical Exemption for a prop( identified as Pantera Park located at 738 Pantera Drive, Diamond Bar, I Angeles County, California. Hereinafter in this Resolution, the subject Conditic Use Permit and Categorical Exemption shall be referred to as the "Applicatioi 2. On August 2, 2002, notification of the public hearing for this project was provic ed in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Dn July 30, 2002, public hearing notices were mailed to approximately 167 propE rty owners of record within a 700 -foot radius of the project. Furthermore, prior to July 31, 2002, the project site was posted with the required display board and e public notice was posted in three public places. 3. On August 13, 2002, The Planning Commission of the City of Diamond conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning 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 Resolution is categorically exempt pursuant to the provisions of the Califs Environmental Quality Act (CEQA) of 1970 and guidelines promulg thereunder, according to Section 15301(f). 3. The Planning Commission hereby specifically finds and determines that, ha considered the record as a whole including the findings set forth below, changes and alterations which have been incorporated into and conditioned L 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 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, three basketball courts, two lighted tennis courts, rest room/concession building, tot lot, picnic facilities, and activity room. The construction 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 surround the project site: to the north is the Single -Family Residences -Minimum Lot Size -10,000 (R-1-10,000) and Single -Family Residence- Minimum Lot Size -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 modify the existing time schedule for operating ball field lights at Pantera Park. The proposed schedule is sunset to 9:00 p.m. daily. The request to 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 and 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. The City's Development Code was adopted after the approval of the park. However, 2 the park is still in compliance with the Development Code and the Municipal Code, as well as being allowed in the subject zoning district. Modifyin the operational hours of the ball field lighting does not alter the park in any other way. (g) The proposed use is consistent with the General Plan and any specific plan; The project site has a General Plan land use designation of Park (PK) Ond as such is consistent with a General Plan. A specific plan does not exis for the project site or area. (h) The design, location, size and operation characteristics of the proposed are compatible with the existing and future land uses in the vicinity; The design, location, size and operational characteristics of the Pan gra Park was previously reviewed and approved along with the adoption of'a Mitigated Negative Declaration by the Planning Commission on March 13, 1995, and thereby deemed compatible with the existing and future land uses in the vicinity. The adopted Mitigated Negative Declaration revie ed Pantera Park with consideration of utilizing ball field lighting daily f m sunset to 10:00 p.m. The existing lighting schedule for the ball field is Sunday through Thursday from sunset to 8:00 p.m. and Friday s nd Saturday from sunset to 9:00 p.m. The proposed ball field ligh 'nig schedule is daily from sunset to 9:00 p.m. and is consistent with 1 he adopted Mitigated Negative Declaration. (i) The subject site is physically suitable for the type and density/intensi use being proposed including access, provision of utilities, compatibility adjoining land uses and the absence of physical constraints; As referenced above in Item (f), (g), and (h) and the fact that the ball fields' lighting schedule of sunset to 10:00 p.m. was considered in the adopted Mitigated Negative Declaration, the subject site is physically suitable for the proposed ball field lighting schedule of sunset to 9:00 p.m. daily and is compatible with adjoining land uses. Additionally, as part of the Mitiga d Negative Declaration, mitigation measures (i.e., shielded light fixturgs focused into the fields and away from adjoining properties; a landscape buffer of evergreen trees with a potential height of 40 feet minimum willbe planted along the northern boundary of the park along Bowcreek Drive, a d lighting will not be used after 10: p.m.) were set forth. All mitigati n measures were installed to reduce impacts to the surrounding residences, The lighting equipment is considered state-of—the-art, thereby allowin a more precise focus of light onto the ball fields. Provisions for utilities a 'si at the project site. K (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) and (i), granting the proposed ball fields' lighting schedule of sunset to 9:00 p.m. daily 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. Furthermore, there is a need to accommodate those residents who work during the day and can not use the park facilities until evening. Without providing use of the ball fields after dark recreational opportunities for many members of the community would be curtailed. (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(f) 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 operational hours of ball field lights will be from sunset to 9:00 p.m. daily. (b) This grant is valid after the appeal period (10 days from the date this decision is rendered). This grant is valid for two years and shall be exercised within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (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) 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 $25.00 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 lH 1 91 and Game any such fee and any fine which the Department determin 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 City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, CA. APPROVED AND ADOPTED THIS 13TH OF AUGUST 2002, BY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY; r` Joe Ru4", C airman I, James DeStefano, Planning Commission Secretary, do hereby certify that the fors Resolution was duly introduced, passed, and adopted by the Planning Commission of the Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of 2002, by the following vote: AYES: Nolan, Tanaka, V/C Tye, C/Ruzicka NOES: ABSENT: Nelson ABSTAIN: ATTEST: mes DeSt fano, Secretary 5 to , to: of IPLANNING COMMISSION RESOLUTION NO. 2002-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 94-04 (3) AND CATEGORICAL EXEMPTION, A REQUEST TO 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 The property owner/applicant, City of Diamond Bar has filed an application Conditional Use Permit No. 94-04 (3) and Categorical Exemption for a props identified as Pantera Park located at 738 Pantera Drive, Diamond Bar, I Angeles County, California. Hereinafter in this Resolution, the subject Conditic Use Permit and Categorical Exemption shall be referred to as the "Applicatio 2. On August 2, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. n July 30, 2002, public hearing notices were mailed to approximately 167 property owners of record within a 700 -foot radius of the project. Furthermore, prior to July 31, 2002, the project site was posted with the required display board and e public notice was posted in three public places. 3. On August 13, 2002, The Planning Commission of the City of Diamond conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning 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 Resolution is categorically exempt pursuant to the provisions of the Califc Environmental Quality Act (CEQA) of 1970 and guidelines promulgi thereunder, according to Section 15301(f). 3. The Planning Commission hereby specifically finds and determines that, ha considered the record as a whole including the findings set forth below, changes and alterations which have been incorporated into and conditioned u 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 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, th ree basketball courts, two lighted tennis courts, rest room/concession building, tot lot, picnic fac,ilities, and activity room. The construction 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 surround the project site: to the north is the Single -Family Residences-Minimum Lot Size-10,000 (R-1-10,000) and Single -Family Residence- Minimum Lot Size-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 modify the existing time schedule for operating ball field lights at Pantera Park. The proposed schedule is sunset to 9:00 p.m. daily. The request to 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 and 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. The City's Development Code was adopted after the approval of the park. However, 2 the park is still in compliance with the Development Code and the Muni ipal Code, as well as being allowed in the subjectzoning district. Modifyin the operational hours of the ball field lighting does not alter the park in any other way. (g) The proposed use is consistent with the General Plan and any specific plan; The project site has a General Plan land use designation of Park (PK) r as such is consistent with a General Plan. A specific plan does not exis—fi the project site or area. (h) The design, location, size and operation characteristics of the proposed "s are compatible with the existing and future land uses in the vicinity, The design, location, size and operational characteristics of the Pan ira Park was previously reviewed and approved along with the adoption of !a Mitigated Negative Declaration by the Planning Commission on March 13, 1995, and thereby deemed compatible with the existing and future I nd uses in the vicinity. The adopted Mitigated Negative Declaration reviewed Pantera Park with consideration of utilizing ball field lighting daily f m sunset to 10:00 p.m. The existing lighting schedule for the ball field is Sunday through Thursday from sunset to 8:00 p.m. and Friday nd Saturday from sunset to 9:00 p.m. The proposed ball field ligh ilg schedule is daily from sunset to 9:00 p.m. and is consistent with he adopted Mitigated Negative Declaration. ' (i) The subject site is physically suitable for the type and densii use being proposed including access, provision of utilities, corr adjoining land uses and the absence of physical constraints; As referenced above in Item (f), (g), and (h) and the fact that the ball fiel S, lighting schedule of sunset to f0:00 p.m. was considered in the adop a Mitigated Negative Declaration, the subject site is physically suitable for e proposed ball field lighting schedule of sunset to 9:00 p.m. daily an is compatible with adjoining land uses. Additionally, as part of the Mitiga d Negative Declaration, mitigation measures (i.e., shielded light fixtu s focused into the fields and away from adjoining properties; a landsca e buffer of evergreen trees with a potential height of 40 feet minimum will e planted along the northern boundary of the parkalong Bowcreek Drive; a d lighting will not be used after 10: p.m.) were set forth. All mitigati n measures were installed to reduce impacts to the surrounding residences, The lighting equipment is considered state-of-the-art, thereby allowin a more precise focus of light onto the ball fields. Provisions for utilities e s_ at the project site. , 3 (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) and (i), granting the proposed ball fields' lighting schedule of sunset to 9:00 p.m. daily 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. Furthermore, there is a need to accommodate those residents who work during the day and can not use the park facilities until evening. Without providing use of the ball fields after dark recreational opportunities for many members of the community would be curtailed. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant #o the provisions of the California Environmental Quality Act (CEQA), Section 15301(f) 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 operational hours of ball field lights will be from sunset to 9:00 P.M. daily. (b) This grant is valid after the appeal period (10 days from the date this decision is rendered). This grant is valid for two years and shall be exercised within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (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) 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 cashier's check of $25.00 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 4 and Game any such fee and any fine which the Department be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and to (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 13TH OF AUGUST 2002, BY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ru cka, C airman °u 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 Ci of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of August 2002, by the following vote: .. AYES: Nolan, Tanaka, V/C Tye, C/Ruzicka NOES: ABSENT: Nelson ABSTAIN: t ATTEST: mes DeSt fano, Secretary 5