HomeMy WebLinkAboutPC 2013-082 RESOLUTION OF COMMISSION OF OF ► • t
CAR RECOMMENDING • THE CITY COUNCILADOPTION OF
DECLARATION AND APPROVAL OF AMENDMENT TO THE LAND USE
ELEMENT OFGENERAL PLAN TO ACCOMMODATE
FOR
EMERGENCY SHELTER ANDSINGLE-ROOM OCCUPANCY HOUSING
THE I (LIGHT INDUSTRIAL) i • OF . i
(PLANNING CASE •
1. On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter, the
City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990),
thereby adopting the Los Angeles County Code as the ordinances of the City
of Diamond Bar. Title 21 of the Los Angeles County Code contains the
Subdivision Code of the County of Los Angeles applicable to development
applications within the City of Diamond Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The
General Plan establishes goals, objectives and strategies to implement the
community's vision for its future.
3. The City of Diamond Bar has determined that the existing Land Use Element,
Objective 1.1, Strategy 1.1.4 relating to the Light Industrial land use category
contained within the City of Diamond Bar General Plan required modification
to accommodate the need for emergency shelters and single -room
occupancy housing as identified in the Housing Element. The proposed
amendment implements policies and programs contained in the City's
certified 2008-2014 Housing Element, therefore, is consistent with the
Housing Element goals, policies, and programs in that it provides for
adequate housing sites to achieve a variety and diversity of housing by
establishing zoning standards and regulations for emergency shelter and
single -room occupancy housing.
4. Pursuant to Government Code Section 65090 and 65353, a notice of at least
1/8 page display was published in the Inland Valley Daily Tribune and San
Gabriel Vallev Tribune newspapers on April 12, 2013, and a copy of the
public notice was posted at the City's three designated community posting
sites.
5. The proposed action does not constitute a substantial amendment of the
General Plan; accordingly, the provisions of Government Code
Sections 65352 through 65352.5 are inapplicable.
6. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing
guidelines, California Code of Regulations, Title 14, Section 15000 et seq.,
an initial study was prepared and it has been determined that the proposed
project qualifies for a Negative Declaration as the proposed project cannot,
or will not, have a significant effect on the environment. In accordance to the
provisions of Section 15070 of the CEQA Guidelines, the City prepared and
filed a Notice of Availability and Intent to Adopt Negative Declaration for the
project on March 28, 2013, with the Los Angeles County Clerk. Pursuant to
CEQA Section 15105, the public review period for the Negative Declaration
began April 3, 2013, and ended April 22, 2013.
7. On April 23, 2013, the Planning Commission held a duly noticed public
hearing with regard to the General Plan Amendment, Land Use Element,
Objective 1.1, Strategy 1.1.4. After due consideration of public testimony,
staff analysis and the Commission's deliberations, the Planning Commission
has determined that the General Plan Amendment attached hereto as
Exhibit "A" and incorporated by reference into this Resolution implements the
policies and programs contained in the City's certified 2008-2014 Housing
Element.
8. The 1995 General Plan remains properly integrated and internally consistent
as required by California Government Code Section 65300.5.
9. All legal prerequisites to the adoption of this Resolution have occurred.
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 has independently considered the Initial Study
and Negative Declaration that was made available for public review, and all
other oral and written public comments received prior to or at the public
hearing prior to adopting this Resolution. The Planning Commission finds
that the Negative Declaration reflects the City's independent judgment and
analysis. The Planning Commission hereby determines on the basis of the
whole record before it, including the Initial Study and comments received,
that there is no substantial evidence that the proposed General Plan
Amendment will have a significant effect on the environment, and on that
basis, hereby recommends the City Council adopt the Negative Declaration.
The record of proceedings on which the Planning Commission's decision is
based is located at the City of Diamond Bar-, 21810 Copley Drive, Diamond
Bar, California, Community Development Department/ Planning Division.
2
GP PL2012-513
The custodian of record of proceedings is the Director of Community
Development.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, there is no evidence before this Planning Commission that the
General Plan Amendment proposed herein will have the potential of an
adverse effect on wildlife 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. The Planning Commission hereby finds and determines that the General
Plan Amendment is consistent and compatible with and implements the
goals, objectives and strategies of the City of Diamond Bar General Plan.
Accordingly, the Planning Commission hereby recommends the City Council
approve the General Plan Amendment attached hereto as Exhibit "A".
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 23rd OF APRIL, 2013 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY: 4) ��
Steve Nelson, Chairman
1, 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 23rd
day of April, 2013, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Greg Gubman,79'ecretary
Lin, VC/Torng, Chair/Nelson
None
Farago, Shah
None
3
GP PL2012-513
CITY OF DIAMOND BAR
GENERAL PLAN AMENDMENT (PLANNING CASE NO. PL2012-513)
The Diamond Bar General Plan, Land Use Element, Objective 1. 1, Strategy 1. 1.4 is
amended to read as follows (deletions shown in strikeou text; additions shown in
bold/underline text):
1.1.4 Areas designated Light Industrial (1) on the General Plan Land Use Map
are to provide for light industrial, research and development, and office -based
industrial firms seeking a pleasant and attractive working environnient, as well as for
business support services, and commercial uses requiring more land area than is
available in General Commercial or Commercial Office areas. This designation also
is intended to accommodate the need for emergency shelters and single -room
occupancy housinIZ as identified in the City's Housin'a Element. These areas will
maintain a maximum floor area ratio of 0.25 to 1.00.
921939 1