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HomeMy WebLinkAboutPC 2003-12PLANNING COMMISSION RESOLUTION NO. 2003-12 A RESOLUTION OF THE PLANNING COMMISSION O THE CITY OF DIAMOND BAR RECOMMENDING THAT TH CITY COUNCIL APPROVE DEVELOPMENT CODE AMEN MENT NO. 2003-01 AND NEGATIVE DECLARATION NO. 2003-0 . A. RECITALS. 1. The City of Diamond Bar has initiated an application for Developr Code Amendment No. 2003-01 and Negative Declaration o. 200; Hereinafter in this Resolution, the subject Development Code Amendr and Negative Declaration shall be referred to as the "Applicat on." 2. The Community and Development Services Department has determ that the following existing development standards within the Developr Code requires modification in order to implement the Gen ral Plan comply with State Statute A. B. 1866: Article III Chapter 22.16 — General Property Development Standards Section 22.16.090. Setback Regulations and Excep Chapter 22.30 — Off -Street Parking and Loading Standards Section 22.30.080. Driveways and Site Access Chapter 22.38 — Tree Preservation and Protection Section 22.38.010. Purpose. Section 22.38.030. Protected Trees Section 22.38.060. Exemptions Chapter 22.42 — Standards for Specific Land Uses Section 22.42.060. Guest Houses Section 22.42.110. Residential Accessory Uses and and Table 3-15 Section 22.42.120. Secondary Housing Units Article V Chapter 22.68 — Nonconforming Uses, Structures and Parcels Section. 22.68.030. Restrictions on Nonconforming Structures 3. On April 18, 2003, notice for this project was published in the Inland V Bulletin and the San Gabriel Valley Tribune. Pursuant to Panning nt nd 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, on April 18, 2003, 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 May 13, 2003, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. . 5. On May 13, 2002, the Planning Commission, after due consideration -of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2003-01 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: 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.2003-01 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. 2003-01 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 2 1 1 1 4. presumption of adverse effects contained in Section 753.5 (d) of of the California Code of Regulations. Based on the findings and conclusions set forth above, the Pla Commission hereby recommends that the City Council Development Code Amendment No. 2003-01 and Negative Declai No. 2003-01 attached hereto as Exhibit "A" and incorporated here reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Reso Council forthwith. APPROVED AND ADOPTED THIS 13TH OF MAY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 11 . iLa__C Steve Tye_a�, C airman I, James DeStefano, Planning Commission Secretary, do hereby c foregoing Resolution was duly introduced, passed, and adopted by Commission of the City of Diamond Bar, at a regular meeting of Commission held on the 13th day of May 2003, by the following vote: ATTEST: AYES: Commissioners: Tanaka, Nelson, Ruzicka, V/C NOES: None ABSENT: None ABSTAIN: None K e 14 ing on by to the City BY HE thatthe Plan ing Plan ina n, DEVELOPMENT CODE AMENDMENT NO. 2003-01 EXHIBIT "A" Section 22.16.090. Setback regulations and exce tions of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: 8. Fences and Walls. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The Director may reduce the required ten -foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. Section 22.30.080. Driveways and site access of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (5) Driveway width and length. a. Single-family uses. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent of the existing frons ;lard area. Front yard area shall be measured from the front property line to the front building line. i � I � f -{toNT I --ST2F�E'r_ Front Yard L 1 1 Section 22.38.010. Pur ose of Article ill, Title 22 of the City of Diamond Bar Muni ipal Code is here by amended to read as follows: General Plan, as the overall policy document for the City, require the preservation and maintenance of native trees including oak, walnut, sycamore, willow, significant trees of cultural or historical value and pepper trees Where appropriate. The purpose of this Chapter is to protect and prese a these trees and when removal is allowed as a result of new development to require their replacement. Section 22,38.030. Protected Trees of Article III, Title 22 of the City of Dia`nond Ba Municipal Code is here by amended to read as follows: A. A protected tree is any of the following: 1. Native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight jnche3 or greater where appropriate; Section 22.38.060. Exemptions of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (8) Native oak, walnut, sycamore, willow, or pepper trees located upon a 1 t'/2 acre or less are exempted from these regulations. Section 22.42.110. Residential accesso uses and structures Table 3-5 a Title 22 of the City of Diamond Bar Municipal Code is Article If , here by amended by inserting following standards to read as follows: tie TABLE 3-15 REQUIRED SETBACKS -ACCESSORY USES AND STRUCTURES Sin le -Family Detached Homes Accessor Structure T e of Setback' Regull d Setbac Tennis Court Sides, rear 10 feet Street side As required fo Front main structure As re uired for main structure Guest house Sides, rear As required foi main structure Street side As re uired fol main structure REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Multi-Famil , Attached/Detached Homes Accessor Structure Type at Setback' Re uired Set iiack2 Tennis Court Sides, rear 10 feet I Street side As required for main struc ure Front As required for riain strlin tiro Section 22.42.060. Guest houses of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: j. Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage as required in the zoning districts specified in Table 2-4. Section 22.42.110. Residential accessory uses and structures of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet. Section. 22.42.120. Secondary housing units of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: This section provides standards for the establishment of secondary residential units. (1) Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of the Director. The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owner - occupied single-family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the 9xisting I ving area of the main dwelling for an attached unit, or 1,2CO square feet to the floor area for a detached unit; b. Be architecturally compatible with the main dwelling units; C. Comply with heightened setback requirements for the main dwelling; d. Contain separate kitchen and bathroom facilities and hava a separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall provide one covered off-street parking space in a carport or garage, in addition to that required parking for the main dwelling unit, in compliance with Chapter 22.3 (Off -St eet Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, altough re is not required. (8) Compatibility. The secondary dwelling unit shall be compat' le with the design of the main dwelling unit and the surrounding neig iborhooc in terms of scale, exterior treatment, height, setbacks and land caping and shall not sufficiently change the character of the surrounding reside tial neighborhood. (9) Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimum of 6,000 sq are feet in floor area. A second kitchen shall not constitute approval of a second Unit and such kitchen shall not be se located as to facilitate the establishment of the second independent dwelinig including a servant's quartors. Section. 22.68.030. Restrictions on non -conforming structures of Article V, itle 22 o the City of Diamond Bar Municipal Code is here by amended to read as follo s: (a) Building envelope. A structure shall be deemed nonconfo ing if t e structure fails to conform to the building envelope regulatio s (e.g.,o coverage, height, or setback requirements) identified in Articl II, TAB E 2-4, RESIDENTIAL DISTRICT GENERAL DEVE LOPME T STANDARDS, TABLE 2-7, COMMERCIAUINDUSTRIAL RE IDENTI L DISTRICT GENERAL DEVELOPMENT STANDARDS and Article 11, TABLE 3-15, REQUIRED SETBACKS - ACCESSORY U ES A D STRUCTURES. 'LANNING COMMISSION RESOLUTION NO. 2003-12 A RESOLUTION OF THE PLANNING COMMISSION O THE CITY OF DIAMOND BAR RECOMMENDING THAT TH CITY COUNCIL APPROVE DEVELOPMENT CODE AMEN MENT NO. 2003-01 AND NEGATIVE DECLARATION NO. 2003-0. A. RECITALS. The City of Diamond Bar has initiated an application for Code Amendment No. 2003-01 and Negative Declaration Hereinafter in this Resolution, the subject Development Cod and Negative Declaration shall be referred to as the "Applica The Community and Development Services Department ha deterrT that the following existing development standards within the evelopi Code requires modification in order to implement the Gen ral Plan comply with State Statute A. B. 1866: Aicle III ;hapter 22.16 - General Property Development Standards Section 22.16.090. setback Regulations and Excep Chapter 22.30 - Off -Street Parking and Loading Standards Section 22.30.080. Driveways and Site Access Chapter 22.38 - Tree Preservation and Protection Section 22.38.010. Purpose. Section 22.38.030. Protected Trees Section 22.38.060. Exemptions Chapter 22.42 - Standards for Specific Land Uses Section 22.42.060. Guest Houses Section 22.42.110. Residential Accessory Uses and and Table 3-15 Section 22.42.120. Secondary Housing Units Article V hapter 22.68 - Nonconforming Uses, Structures and Parcels Section. 22.68.030. Restrictions i Nonconforming St cture: On April 18, 2003, notice for this project was published in the I land V Bulletin and the San abriel Valley Tribune. Pursuant to P anning 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, on April 18, 2003, 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 May 13, 2003, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 5. On May 13, 2002, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2003-01 aftached 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 Initial Study review and Negative Declaration No.2003-01 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. 2003-01 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 2 presumption of adverse effects contained in Section 753.5 of the California Code of d) of Tile 14 Regulations. 4. Based on the findings and conclusions set forth above, the Pla.ning Commission hereby recommends that the City C wncil dopt : Development Code Amendment No. 2003-01 and Negativ Decla tion ed No. 2003-01 aftached hereto as Exhibit "A" and incorpora here n by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this R( Council forthwith. to the City BY HE APPROVED AND ADOPTED THIS 13TH OF MAY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. / BY: is Steve Tye, Clairman I, James DeStefano, Planning Commission Secretary, do hereby c foregoing that -the Resolution was duly introduced, passed, and adopted by Commission of the Plan ina City of Diamond Bar, at a regular meeting of Commission held on the 13th day of May 2003, by the following vote: AYES: Commissioners: Tanaka, Nelson, Ruzicka, V/C NOES: None ABSENT: None AIN: None ATTEST Secretary c DEVELOPMENT CODE AMENDMENT NO. 2003-01 EXHIBIT Section 22 16.090. Setback reaulations and exceptions of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: 8. Fences and Walls. a. On a reverse corner lot, setbacks for fences and walls higher than 42 inches and not exceeding six feet in height shall comply with setbacks as described in Table 2-4. The Director may reduce the required ten -foot setback to a minimum five feet for fences and walls on a reverse corner lot where a clear line of site is maintained for vehicular and pedestrian traffic. Section 22.30.080. Driveways and site access of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (5) Driveway width and length. a. Single-family uses. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side or rear yard and the total hardscape area of the front yard does not exceed 50 percent of the existing fro,-,.' %srd area. Front yard area shall be measured from the tront property line to the front building line. RJT Ro-5TreF Er Front Section 22 38.010 Purpose of Article III, Title 22 of the City of Diamond ar Municipal Code is here by amended to read as follows: General Plan, as the overall policy document for the City, require the preservation and maintenance of native trees including oak, wal ut, syca nore, , willow, significant trees of cultural or historical value and pepper trees here appropriate. The purpose of this Chapter is to protect and prese e these trees and when removal is allowed as a result of new development t require their Section 22.38.030 Protected Trees of Article III, Title 22 of Jlunici al Code is here by amended to read as foll >ws: V A protected tree is any of the following: 1. Native oak walnut sycamore and willow trees with a DBH of i ht inches or reater pepper trees with a DBH of ei ht inch greater where appropriate: 0 Section 22.38.060. Exemptions of Article III, Title 22 of the City of D Municipal Code is iamond Ba ere amended to read as follows: 8 Native oak, walnut, sycamore, willow, or pepper trees locatec upon a I V/2 acre or less are exempted from these regulations. Section 22.42.110. Residential accesso uses and structures Table 3-5 c Article II Title 22 of the City of Diamond Bar Municipal Code is here by amended b i iserti following standards to read as follows: ng TABLE 3-1 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTUR E Sin le-Famil Detached Home S -Accessory Structure Type of Setback' i e d Setba I Tennis Court Sides, rear 10 fee i Street side As required fo main stru tur Front As re uired fo i main stru tur I Guest house 3 Sides, rear As required fo m i Street side As required fo n s ru main stru tur tur REQUIRED SETBACKS - ACCESSORY USES AND S RUCTURE Multi-Famil , Attached/Detached Home S AccessoryStructur T e of Setback Z Re t ack Tennis Courl Sides uired rear Set 10 feet Street side As required main ure for I struc Section 22.42.060. Guest houses of Article 111, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Parcel coverage. The guest houses, along with the main dwelling and any other accessory structures, shall not exceed an overall parcel coverage as required in the zoning districts specified in Table 2-4. Section 22.42.110. Residential accessory uses and structures of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (7) Tennis and other recreational courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball etc.) accessory to a residential use are subject to the following requirements: a. Fencing. Shall not exceed a maximum height of ten feet. When retaining walls/wall are utilized to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed ten feet. Section. 22.42.120. Secondary housing units of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: This section provides standards for the establishment of secondary residential units. (1) Secondary residential units may be allowed in the zoning districts specified in Section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of the Director. The applicant shall be the owner and resident of the main dwelling. (2) Number of units allowed. Only one secondary dwelling unit shall be allowed on a single-family parcel. (3) Site requirements. The parcel proposed for a second dwelling unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 square feet, a minimum width of 50 feet, a minimum depth of 100 feet, and a minimum buildable pad size of 400 square feet, exclusively for the secondary units; and b. The parcel shall be developed with only one existing owneroccupied single- family detached main dwelling unit. (4) Location of secondary unit. A secondary dwelling unit may be within, attached to, or detached from the existing main dwelling unit. If detached, the secondary unit shall be separated from the main dwelling unit a minimum of 10 feet. (5) Design standards. A second dwelling unit shall: a. Have a floor area not exceeding 30 percent of the area of the main dwelling for an attached unit, or 1,2 to the floor area for a detached unit; b. Be architecturally compatible with the main dwelling c. Comply with heightened setback requirements dwelling; . d. Contain separate kitchen and bathroom facilities separate entrance from the main dwelling. (6) Parking. The secondary dwelling unit shall provide one i parking space in a carport or garage, in addition to that for the main dwelling unit, in compliance with Chapter Parking and Loading Standards). (7) Rental of units. A secondary dwelling unit may be rented, is not required. (8) Compatibility. The secondary dwelling unit shall be co design of the main dwelling unit and the surrounding terms of scale, exterior treatment, height, setbacks and shall not sufficiently change the character of the surroi neighborhood. quar feet the ain i hav- a 1Mi9[ii (9) Second kitchens shall be permitted within the Rural Residenti: in (RR single-family residences that are a minimum of 6,000 sq floor i area. A second kitchen shall not constitute approval of a and such kitchen shall not be se located as to facilitate the ea of the second independent dweliitiy including a servant's quart Section. 22.68.030. Restrictions on non -conforming structures of Article V, the City of 22 Diamond Bar Municipal Code is here by amended to read as folio (a) Building envelope. A structure shall be deemed nonconfoi ung if structure fails to conform to the building envelope regulatioi (e.g., coverage, height, or setback requirements) identified in Articli 2- II, 4, RESIDENTIAL DISTRICT GENERAL DEVE STANDARDS, TABLE 2-7, COMMERCIAU INDUSTRIAL RE DISTRICT -IDE GENERAL DEVELOPMENT STANDARDS and TABLE 3-15, NArt REQUIRED SETBACKS - ACCESSORY L STRUCTURES.