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HomeMy WebLinkAboutPC 2010-08A. PLANNING COMMISSION RESOLUTION NO. 2010-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. 2010-78 AMENDING TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REGULATIONS ON GROUP HOMES AND REASONABLE ACCOMMODATION PROCEDURES. RECITALS On July 9, 2008, the City Council adopted Interim Urgency Ordinance No. 04 (2008), instituting a 45 -day moratorium on group residential uses not otherwise pre-empted under State law. The urgency ordinance was subsequently extended 10 months and 15 days on August 19, 2008, and again for one year on July 7, 2009. 2. On March 13, 2010, notice for the proposed amendments 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 display advertisement of at least one-eighth page in at least one newspaper of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied. 3. On March 23, 2010, the Planning Commission held a duly noticed public hearing on the proposed amendments, and continued the public hearing to April 13, 2010. 4. On April 13, 2010, the Planning Commission closed said hearing. 5. The proposed amendments will not have a substantial adverse impact on the environment and the project is exempt from the California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, pursuant to Section 15061 of the California Code of Regulations and Guidelines. This determination is based on the following facts: (a) The ordinance is tailored in such a manner that group homes permitted in the City's single-family zones are limited to six or fewer occupants, which is an occupancy level commensurate with what a typical single-family residence can be reasonably expected to accommodate; and (b) More intensive group home classifications are limited to the City's multi -family zones, and are subject to approval of a conditional use permit. Should the proposed location be found unsuitable for such a use, the City would have sufficient cause to deny the conditional use permit application. 6. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan, including, but not limited to, the following: • Land Use Element Obiective 1.2 — "Preserve and maintain the quality of existing residential neighborhoods while offering a variety of housing opportunities..." • Land Use Element Strategy 2.2.2 — "Prohibit the development of adjacent land uses with significantly different intensities, or that have operating characteristics which could create nuisances along a common boundary, unless an effective buffer can be created." • Housing Element Program 14 — "...promote housing opportunities for all persons regardless of race, religion, sex, family size, marital status, ancestry, national origin, color, age, or physical disability." • Draft 2008-2014 Housing Element Program 16 — "The City will amend the Municipal Code in 2009 to include reasonable accommodation procedures for persons with disabilities in compliance with SB 520. " Therefore, the amendments contained herein are consistent with the goals, objectives and policies 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. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment No. 2010-78 by adopting the ordinance attached hereto as Exhibit "A" and incorporated herein by reference. 2 Planning Commission Resolution No. 2010-08 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 13th DAY OF APRIL 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. "moorng, Chdkn I, Greg Gubman, 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 13th day of April, 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Greg Gu an, Secretary Shah, VC/Nolan, Chair/Torng None Lee, Nelson None 3 Development Code Amendment No. PL2010-78 PLANNING COMMISSION RESOLUTION NO. 2010-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. 2010-78 AMENDING TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REGULATIONS ON GROUP HOMES AND REASONABLE ACCOMMODATION PROCEDURES. A. RECITALS 1. On July 9, 2008, the City Council adopted Interim Urgency Ordinance No. 04 (2008), instituting a 45-day moratorium on group reeidential uses not otherwise pre-empted under State law. The urgency ordinance was subsequently extended 10 months and 15 days on August 19, 2008, and again for one year on July 7, 2009. 2. On March 13, 2010, notice for the proposed amendments 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 display advertisement of at least one-eighth page in at least one newspaper of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied. 3. On March 23, 2010, the Planning Commission held a duly noticed public hearing on the proposed amendments, and continued the public hearing to April 13, 2010. 4. On April 13, 2010, the Planning Commission closed said hearing. 5. The proposed amendments will not have a substantial adverse impact on the environment and the project is exempt from the California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, pursuant to Section 15061 of the California Code of Regulations and Guidelines. This determination is based on the following facts: (a) The ordinance is tailored in such a manner that group homes permitted in the City's single -family zones are limited to six or fewer occupants, which is an occupancy level commensurate with what a typical single -family residence can be reasonably expected to accommodate; and (b) More intensive group home classifications are limited to the City's multi-family zones, and are subject to approval of a conditional use permit. Should the proposed location be found unsuitable for such a use, the City would have sufficient cause to deny the conditional use permit application. 6. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan, including, but not limited to, the following: • Land Use Element Objective 1.2 — "Preserve and maintain the quality of existing residential neighborhoods while offering a variety of housing opportunities..." • Land Use Element Strategy 2.2.2 — "Prohibit the development of adjacent land uses with significantly different intensities, or that have operating characteristics which could create nuisances along a common boundary, unless an effective buffer can be created." • Housing Element Program 14 — "...promote housing opportunities for all persons regardless of race, religion, sex, family size, marital status, ancestry, national origin, co/or, age, or physical disability." • Draft 2008-2014 Housing Element Program 16 — "The City will amend the Municipal Code in 2009 to include reasonable accommodation procedures for persons with disabilities in compliance with SB 520." Therefore, the amendments contained herein are consistent with the goals, objectives and policies 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. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment No. 2010-78 by adopting the ordinance attached hereto as Exhibit "A" and incorporated herein by reference. 2 Planning Commission Resolution No. 2010-08 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 13th DAY OF APRIL 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, Greg Gubman, 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 13th day of April, 2010, by the following vote: AYES: Commissioners: Shah, VC/Nolan, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: Lee, Nelson ABSTAIN: Commissioners: None ATTEST: 3 Development Code Amendment No. PL2010-78