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HomeMy WebLinkAboutPC 2003-29PLANNING COMMISSION RESOLUTION NO. 2003-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2003-02 A. RECITALS The City of Diamond Bar has initiated an application for Development Code Amendment No. 2003-02. Hereinafter in this Resolutio , the subject Development Code Amendment shall be referred to as the " plicatio ." 2. The Community and Development Services Department ha3 determ ned that the following modifications to the -Development Code are necessay in order to further implement the City General Plan. Article II Chapter 22.10. — Commercial/Industrial Zoning Districts Section 22.10.030., Table 2-5 and Table 2-6, Commemial/Indus trial District Land Uses and Permit Requirements. Article IV Chapter 22.44. -- Applications, Processing, and Fees Section 22.44.020. Authority for Land Use and Zoning Decisi ns. Chapter 22.46. — Zoning Clearances Section 22.46.020. Applicability. Chapter 22.47. — Plot Plan Review. Section 22.47.010. Purpose. Section 22.47.020. Applicability. Article VI Chapter 22.80. — Definitions. Section 22.80.020. Definition of Specialized Terms and 3. On September 10, 2003, 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 mailed is greater than 1,000, a local agency may provide notice by placing a dis lay advertisement of at least one -eight page in at least one newspaper of general circulation. On September 9, 2003, the City placed a one -e ght page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted i i nine pu lic 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 shoppipg 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,September 23, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 5. On September 23, 2003, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2003-02 attached hereto as Exhibit "A" implements the Goals, Objectives and 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: 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 there under, 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. 2. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt 2 Development Code Amendment No. 2003-02 attached her o as Ex ibit "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 Council forthwith. APPROVED AND ADOPTED THIS 23RD OF SEPTEM THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, BY: 77L7,- SI(eve Tye, Cha' man I, James DeStefano, Planning Commission Secretary,. do hereby cer foregoing Resolution was duly introduced, passed, and adopted by t Commission of the City of Diamond Bar, at a regular meeting of t Commission held on the 23rd day of September 2003, by the following vote AYES: Nelson, Tanaka, Wei, V/C Nolan, C/Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: Jam DeStefa t, Secretary i I 3 2003, ify that ie Plani ie Plani W the ing DEVELOPMENT CODE AMENDMENT NO. 2003-02 EXHIBIT -'A" - Section 22.10.030., Table 2-5 and Table 2-6 Commercial/Industrial District Land Uses and Permit Requirements. of Article III, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by adding the following land use as follows: TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Director Hearing Officer Permit Requirement By District City Council Land Use OP OB CO See Standards in Section: Final Appeal Appeal Psychic Reader P P Psychic Reader P P P TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Section 22.44.020. Authori for Land Use and Zoning Decisions. of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by deleting the Planned Sign Program and adding Comprehensive Sign Program and Plot Plan Review and to read as follows: TABLE 4-1 REVIEW AUTHORITY Type of Permit Decision Director Hearing Officer Permit Requirement By District City Council Land Use C-1 C-2 C-3 I See Standards in Section: Piot Plan Review Final Appeal Appeal Psychic Reader P P P P Section 22.44.020. Authori for Land Use and Zoning Decisions. of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by deleting the Planned Sign Program and adding Comprehensive Sign Program and Plot Plan Review and to read as follows: TABLE 4-1 REVIEW AUTHORITY Type of Permit Decision Director Hearing Officer Planning Commission City Council Comprehensive Sign Program Final Appeal Piot Plan Review Final Appeal Appeal Section 22.46.020. Applicability of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Required. A zoning clearance shall be required prior to the issuance of the building, grading, or other construction permit, or other authorization required by the Municipal Code or this development code for the proposed 1 use. Zoning clearances shall also be required for additions of 300 sc uare feet or less, accessory structures, fences, walls and other sWnilar structures/improvements. Where no other authorization i requir d, a request for zoning clearance shall be approved by the department before the commencement of any business or land use activity Chapter 22.47. - Plot Plan Review. Section 22.47.010. Purpose. of Article III, Title 2 of the City of Diamond Bar Municipal Code is here by inserted to read as foll ws: A Plot Plan Review is a ministerial process used by the department to re iew residential, commercial, industrial and institutional development to determine whether the proposed use and/or development is allowed in the subject zoning district and complies with the applicable development standards. Section 22.47.020. Applicability of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by inserted to read as follows: (a) Required. A Plot Plan Review shall be required prior to the issuance of the building, grading, or other construction permit, or other authoriz tion required by the Municipal Code or this development code. A Plot Ian Review shall also be required for additions of 301 square feet or larger in residential zoning districts, retaining walls, decks, tenant ftproverr ent, and similar structures/improvements. However, in the Rural Reside tial (RR) zoning district, the addition shall be less than 30 percent of the existing habitable floor area of all existing structures on the site. Ino her residential zoning districts, the addition shall be less than 50 percent of the existing habitable floor area of all existing structures on the site. Wt ere no other authorization is required, a request for Plot Plan Review shat be approved by the department before the commencement of ny busin ss or land use activity. (b) Development code compliance. The department shall issue a Plot Plan Review after determining that the request complies with all of the applicable standards and provisions for the category of use in the zor ing district of the subject parcel and in full compliance with this development code. Section 22.48.020. Applicability -of Article III, Title 22 of the City of D'amond ar Municipal Code is here by amended by inserting the following standard to read as follows: (a) Development review. An application for development revie is requ for commercial, industrial, and institutional development, and reside projects that propose one or more single-family dwelling unit (detac or attached) and that involve the issuance of the building permit construction or reconstruction of a structure(s) meeting 4 e follov criteria: 2 tor ng (1) New construction on a vacant lot and new structures, additions to structures and reconstruction projects which are equal to 50 percent of the existing habitable floor area of all existing structures on site, or have a minimum 5,001 square feet or more of combined gross floor area in any residential, commercial and industrial zoning districts; or (2) Projects involving a substantial change or intensification of land use (e.g., the conversion of existing structure to a restaurant, or the conversion a residential structure to an office or commercial use); (3) Residential, commercial, industrial or institutional projects proposed upon a descending slope abutting a public street. (b) Administrative development review. An application for administrative development review, in compliance with section 22.48.030, below, is required for residential, commercial, industrial, and institutional development that involve the issuance of the building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review: (1) Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or (2) Projects that do not meet the specific criteria identified in section 22.48.020(a), above. Section 22.80 020 Definition of Specialized Terms and Phrases of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (I} Definition, "I." The following definition is hereby deleted: Inoperable vehicle. A vehicle (including, but not limited to cars, boats, trucks, recreational vehicles, etc.) not legally able to be operated on a public highway and/or in an obvious state of disrepair (i.e. flat tire, mechanical parts missing, interior used as a storage area, etc.). Section 22.80.020. Definition of S ecialized Terms and Phrases of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by inserted to read as follows: (P) Definition, "P". The following definitions are in alphabetical order. Psychic readers. Commercial services that involve the practicing or carrying on of any art, profession or business which shall include, but not limited to, psychic advisors, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, for or without consideration or compensation of any kind. 3 1 (v) Definition, W". The following definitions are in alphabetical order. Vehicle. In accordance with the California_Vehicle Code, a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively L pan stationary rails or tracks. Abandoned vehicle. A vehicle is abandoned if the owner has intentionally and permanently relinquished title to, or control or possession of the vehicle A vehicle is also abandoned when it is left unattended on any private real property without the consent of the owner, lessee or processor of said real property, or any agent thereof. Factors that maybe considered for determining bandon ent include, but are not limited to, the vehicle's location and condition, period of it remains in a location, whether the vehicle has a current record of ownership or registration with the Califomia Department of Motor Vehi absence of a license plate number or a vehicle identification numb r, ability governmental agency to identify or successfully contact a registered owne well as the failure of any last known registered owner to respond in a til manner to any notice from a governmental agency of abandonment or a viol, of law involving said vehicle. Inoperative, wrecked or dismantled vehicle. A vehicle is inoperative, wrecker dismantled if it is mechanically incapable of being driven upon a high, Factors that may be considered in determining whether a vehicle is mechani, incapable of being driven upon a highway include, but are not limited to, vehicle's location and condition, period of time it remains in a loc ion, whe the vehicle has a current record of valid ownership or registry ion with California Department of Motor Vehicles, absence of a license plate number vehicle identification number, whether the vehicle has damaged, fau ty or mis components, such as the engine, battery, transmission, tires, wheels, h. mirrors, lights, windows or windshields. 4 t as ly ,or the the rr a 'LANNING COMMISSION RESOLUTION NO. 2003-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2003-02 A. RECITALS The City of Diamond Bar has initiated an application for IDeve Code Amendment No. 2003-02. Hereinafter in this Resolutioo,the Development Code Amendment shall be referred to as the " plice 2. The Community and Development Services Department ha dete that the following modifications to the Development Code are neces order to further implement the City General Plan. sr 22.10. - Commercial/Industrial Zoning Districts n 22.10.030., Table 2-5 and Table 2-6, Commer ial/Inc District Land Uses and Permit Requirements. sr 22.44. - Applications, Processing, and Fees n 22.44.020. Authority for Land Use and Zoning Decisions. Chapter 22.46. - Zoning Clearances Article VI Chapter 22.80. - Definitions. Section 22.80.020. Definition of Specialized Terms and 3. On September 10, 2003, notice for this project was published in the Valley Bulletin and the San Gabriel Valley Tribune. Pursuan to PI n and Zoning Law Government Code Section 65091 (a)(3), if t e nun g property owners to whom a public hearing notice would a ma o greater than 1,000, a local agency may provide notice by placing a ( advertisement of at least one -eight page in at least one n wspa of general circulation. On September 9, 2003, the City placed a oni page display advertisement in the above mentioned ne spap of general circulation. Furthermore, public notices were posted i nine 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 September 23, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 5. On September 23, 2003, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2003-02 attached hereto as Exhibit "A" implements the Goals, Objectives and 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 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 there under, 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. 2. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt K )evelopment Code Amendment No. 2003-02 attached her o as Ex ibit "A" and incorporated herein )y reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this I Council forthwith. to the APPROVED AND ADOPTED THIS 23RD OF SEP' THE PLANNING- 2003, BY COMMISSION OF THE CITY OF DIAMOND BAR. M. Tye I, James DeStefano, Planning Commission Secretary, do hereby cei that the foregoing Resolution was duly introduced, passed, and adopted by 1 Commission of the City of Diamond Bar, at a regular meeting of I Commission held on the 23rd day of September 2003, by the following vote AYES: Nelson, Tanaka, Wei, V/C Nolan, C/Tye ATTEST NOES: None ABSENT: None ABSTAIN: None 3 DEVELOPMENT CODE AMENDMENT NO. 2003-02 EXHIBIT Land Use OP OB CO See Standards in Section: and Permit Require ents. Of Article III. Title 22 of the itv of Diamond Ear Municioal Code is hereby amended by adding the following land use as follows: TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING TABLE 2-6 Permit Requirement By District ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAUINDUSTRIAL ZONING DISTRICTS Permit Requirement B District Section 22.44.020. Authority for Land Use and Zoning Decisions. of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by deleting the Planned Sign Program and adding Comprehensive Sign Program and Plot Plan Review and to read as follows: TABLE 4-1 RFVIFw AUTHORITY Type of Permit Decision Psychic Reader P P P Land Use C-1 C-2 1 C-3 - 1 See Standards in Section 1 Ps chic Reader P P P P Section 22.44.020. Authority for Land Use and Zoning Decisions. of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by deleting the Planned Sign Program and adding Comprehensive Sign Program and Plot Plan Review and to read as follows: TABLE 4-1 RFVIFw AUTHORITY Type of Permit Decision Section 22.46.020. Applicability of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Required. A zoning clearance shall be required prior to the issuance of the building, grading, or other construction permit, or other authorization required by the Municipal Code or this development code for the proposed Director Hearing Officer Planning Commission City Council Comprehensive Si n Pro ram Final A e al Plot Plan Review Final Appeal A p e al Section 22.44.020. Authority for Land Use and Zoning Decisions. of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by deleting the Planned Sign Program and adding Comprehensive Sign Program and Plot Plan Review and to read as follows: TABLE 4-1 RFVIFw AUTHORITY Type of Permit Decision Section 22.46.020. Applicability of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (a) Required. A zoning clearance shall be required prior to the issuance of the building, grading, or other construction permit, or other authorization required by the Municipal Code or this development code for the proposed use. Zoning clearances shall also be required for additions f 300 s uare feet or less, accessory structures, fences, walls and other si ilar structures/improvements. Where no other authorization i requir d, a request for zoning clearance shall be approved by the department before the commencement of any business or land use activity Chapter 22.47. - Plot Plan Review. Section 22.47.010. Purpose of Article III, Title 2 of the City of Diamond Bar Municipal Code is here by inserted to read as follows: A Plot Plan Review is a ministerial process used by the department to re Jew residential, commercial, industrial and institutional development to determine whether the proposed use and/or development is allowed in the subject zoning district and complies with the applicable development standards. Section 22.47.020. Applicability of Article III, Title 22 of the City of Diamond Ba- Municipal Code is here by inserted to read as follows: (a) Required. A Plot Plan Review shall be required prior to the issuance of the building, grading, or other construction permit, or other authoriz tion required by the Municipal Code or this development code. A Plot Ian Review shall also be required for additions of 301 square feet or larg r in residential zoning districts, retaining walls, decks, tenant i prove nt, and similar structures/improvements. However, in the Rural Reside tial (RR) zoning district, the addition shall be less than 30 percent of the existing habitable floor area of all existing structures on the site. In o her residential zoning districts, the addition shall be less than 50 percent of the existing habitable floor area of all existing structures on the site. W ere no other authorization is required, a request for Plot Plan Review shat be approved by the department before the commencement of any busin ss or land use activity. (b) Development code compliance. The department shall issue a Plot Review after determining that the request complies wit all of applicable standards and provisions for the category of use in the zc district of the subject parcel and in full compliance with this develops code. Section 22.48.020. Applicability of Article III, Title 22 of the City of D amond ar Municipal Code is here by amended by inserting the following standard to read as follows: (a) Development review. An application for development revie is requ for commercial, industrial, and institutional development, an reside projects that propose one or more single-family dwelling unit (detac or attached) and that involve the issuance of the buildin permit construction or reconstruction of a structure(s) meeting tie follov criteria: 2 (1) New construction on a vacant lot and new structures, additions to structures and reconstruction projects which are equal to 50 percent of the existing habitable floor area of all existing structures on site, or have a minimum 5,001 square feet or more of combined gross floor area in any residential, commercial and industrial zoning districts; or (2) Projects involving a substantial change or intensification of land use (e.g., the conversion of existing structure to a restaurant, or the conversion a residential structure to an office or commercial use); (3) Residential, commercial, industrial or institutional projects proposed upon a descending slope abutting a public street. (b) Administrative development review. An application for administrative development review, in compliance with section 22.48.030, below, is required for residential, commercial, industrial, and institutional development that involve the issuance of the building permit for construction or reconstruction of a structure(s) meeting the following thresholds of review: (1) Commercial, industrial, and institutional developments that propose up to 5,000 square feet of combined floor area; or (2) Projects that do not meet the specific criteria identified in section 22.48.020(a), above. Section 22.80.020. Definition of Specialized Terms and Phrases of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (1) Definition, "L" The following definition is hereby deleted: Inoperable vehicle. A vehicle (including, but not limited to cars, boats, trucks, recreational vehicles, etc.) not legally able to be operated on a public highway and/or in an obvious state of disrepair (i.e. flat tire, mechanical parts missing, interior used as a storage area, etc.). Section 22.80-020. Definition of Specialized Terms and Phrases of Article III, Title 22 of the City of Diamond Bar Municipal Code is here by inserted to read as follows: (P) Definition, "P". The following definitions are in alphabetical order. Psychic readers. Commercial services that involve the practicing or carrying on of any art, profession or business which shall include, but not limited to, psychic advisors, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, for or without consideration or compensation of any kind. 3 (v) Definition, W". The following definitions are in alphabetical o dei Vehicle. In accordance with the California Vehicle Code, a device by person or property may be propelled, moved, or drawn upon a iicn any excepting a device moved exclusively by human power or used ex Ius sigh ay, stationary rails or tracks. )IY Upon Abandoned vehicle. A vehicle is abandoned if the owner has int( ally and permanently relinquished title to, or control or possession of thi icle A vehicle is also abandoned when it is left unattended on any private real pro erty without the consent of the owner, lessee or processor of said rea )ert , or any agent thereof. Factors that may be considered for determining Ionr lent include, but are not limited to, the vehicle's location and condition, 1 1 of ime it remains in a location, whether the vehicle has a current re of alid ownership or registration with the California Department of Mc absence of a license plate number or a vehicle identification numb ability of a i governmental agency to identify or successfully contact a register owne , as well as the failure of any last known registered owner to respon in a ti ely r manner to any notice from a governmental agency of abandonment a viol tion of law involving said vehicle. Inoperative, wrecked or dismantled vehicle. A vehicle is inoperative wrecked, or dismantled if it is mechanically incapable of being driven upoi a highway. Factors that may be considered in determining whether a vehicle is mechanicall incapable of being driven upon a highway include, but are not I y nited to, vehicle's location and condition, period of time it remains in a IocE the ion, the vehicle has a current record of valid ownership or registry whether -on California Department of Motor Vehicles, absence of a license plat( with the vehicle identification number, whether the vehicle has damaged, number or a faL components, such as the engine, battery, transmission, tires, v mirrors, lights, windows or windshields. 12