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HomeMy WebLinkAbout10/12/1999FILE 'COPY October 12, 1999 :0 Me South Coast Air Quality Management District Auditorium ;1865 East Copley Drive Diamond Bar, California Chairman Steve ..dye Vice Chairman Steve Nelson Commissioner George Kuo Commissioner Joe McManus Commissioner Joe Ruzicka Copies ,of staff reports or other written documentarion relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & r Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same. City of Diamond Bar Planning Commission !s a The meetings of the Diamond Bar Planning Commission are open to the public. 'A member of the public may address the Commission on the subject of one or more agenda items andlor other itemsof which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule the opportunity for public comments. will take place at the discretion of the Chair' However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and buisinesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with Government Codd Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Commission. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergent or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATIN . TO AGENDAS AhM Ar-rrn�m ....T...,�,� - �, Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Even• meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909)396-5676 between 8:00a.m. and 5:00p.m. Monday through Friday. HELPFUL PHONE nnrt BEgS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us Next Resolution No. 99-22 PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday, October 12, 1999 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice Chairman Steve Nelson, George Kuo, Joe McManus and Joe Ruzicka. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secreta (Completion of this form is voluntary. There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 MINUTES: SEPTEMBER 28,1999 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 COMPREHENSIVE SIGN PROGRAM NO. 99-6 (pursuant to Code Section 22.36.060) is a request to install nine wall signs and replace the sign face of an existing legal non -conforming monument sign. PROPERTY ADDRESS: 1195 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Jacob Khakshouri 12424 Wilshire Boulevard, Suite 650 Los Angeles, CA 90025 APPLICANT: Ray Bush 3940 Pyrite Street, Riverside, CA 92509 October 12, 1999 Page 2 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt pursuant to Section 15311(a). RECOMMENDATION: Staff recommends that the Planning Commission approve Comprehensive Sign Program No. 99-6, Findings of Fact and conditions of approval as listed within the resolution. 7. CONTINUED PUBLIC HEARING: None 8. PUBLIC HEARING: 8.1 CONDITIONAL USE PERMIT NO. 95-1(1). VARIANCE NO. 99-8. TREE PERMIT NO. 99-2 (pursuant to Code Sections 22.58, 22.54 and 22.38) is a request to revise approved Conditional Use Permit No. 95.1 to add approximately 34 parking stalls. The Variance request is to allow a reduction in the parking stall dimensions in order to be consistent with the original approval. The Tree Permit is a request to remove and replace four oak trees. The oak trees' removal is due to the request for additional parking stalls. PROPERTY ADDRESS: 1.. 3255 S. Diamond Bar Boulevard (Tract 33417, Lot 19) Diamond Bar, CA 91765 :t PROPERTY OWNER/ Evangelical Free Church APPLICANT: 3255 S. Diamond Bar Boulevard, Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 95-1for the approved Conditional Use Permit No. 95-1. Pursuant to CEQA Section 15164, an amendment to adopted Negative Declaration No. 95-1 has been prepared for the revision request. The amendment's review period begins September. 21, 1999 and ends October 10, 1999. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 95-1(1), Variance No. 99-8, and Tree Permit No. 99-2, with the incorporation of Staff alternative amendment to Negative Declaration No. 95-1, Findings of Fact, and conditions of approval as listed within the resolution. 9. - PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: 10.1 Video Presentation on Southern California Association of Governments (SCAG). 10.2 Public Hearing dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: SMALL BUSINESS SEMINAR IN CONJUNCTION WITH THE DIAMOND BAR CHAMBER OF COMMERCE: Fourth Tuesday of each month through November 1999 7:00 P.M. — 9:00 P.M. AQMD, CC6, g.0asrnasy,lennv�g�octotxrt2�999 October 12, 1999, PC Agenda October 12, 1999 Page 3 TRAFFIC AND TRANSPORTATION: Thursday, October 14, 1999 - 7:00 P.M. AQMD Board Hearing Room, 21865 E. Copley Drive COMPOSTING WORKSHOP: DIAMOND BAR. GENERAL MUNICIPAL ELECTION CANDIDATE FORUM: CITY COUNCIL MEETING: 16 I ADMINISTRATIVE REVIEW MEETING: PLANNING COMMISSION MEETING: ti PARKS AND RECREATION COMMITTEE: ADMINISTRATIVE REVIEW MEETING: PLANNING COMMISSION MEETING: 12. ADJOURNMENT: g.Uagetda\p1ammng\mWber121999 Saturday, October 16, 1999 — 10 A.M. — 12 Noon Sycamore Canyon Park 22930 E. Golden Springs Drive Monday, October 18, 1999 — 7:00 P.M. AQMD Auditorium, 21865 E. Copley Drive Tuesday, October 19, 1999 — 6:30 P.M. AQMD Auditorium, 21865 E. Copley Drive Saturday, October 23, 1999 — 9:00 A.M. — 3:00 P.M. K -Mart Shopping Center Parking Lot Tuesday, October 26, 1999 — 6:00 P.M. AQMD Auditorium, 21865 E. Copley Drive Tuesday, October 26, 1999 — 7:00 P.M. AQMD Auditorium, 21865 E. Copley Drive Thursday, October 28, 1999 — 7:00 P.M. AQMD Board Hearing Room, 21865 E. Copley Drive Tuesday, November 9, 1999 — 6:00 P.M. AQMD Auditorium, 21865 E. Copley Drive Tuesday, November 9, 1999 — 7:00 P.M. AQMD Auditorium, 21865 E. Copley Drive October 12, 1999, PC Agenda MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 28, 1999 A 6= CALL TO ORDER: Chairman Tye called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Commissioner Kuo led the Pledge of Allegiance. k ROLL CALL: Present:. Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 1. Minutes of September 14, 1999. C/Ruzicka moved, VC/Nelson seconded, to approve the minutes of September 14, 1999, as presented. Motion carried 5-0 by Roll Call vote. OLD BUSINESS: None NEW BUSINESS: 1. Citation Authority Ordinance: DCM/De5tefano presented staffs report and the proposed Code Enforcement Policy document. This matter is being presented to the Commission as an information item. The Commission's questions, comments and observations are welcomed. C/Ruzicka asked how many cities in Los Angeles County have a Code Enforcement Policy. DCM/DeStefano stated that most likely at least 50 percent of cities incorporate this type of enforcement. All of the surrounding jurisdictions with the exception of Walnut utilize this tool. SEPTEMBER 28, 1999 PAGE 2 C/Ruzicka asked if Diamond Bar's document match other cities' documents in the approach to code enforcement. DCM/DeStefano indicated that the subcommittee looked at a cross section of other jurisdictions. Copies of their ordinances and administrative procedures were reviewed and considered in the process. Glendora's and La Puente's documents most closely resembled the subcommittee's intent for Diamond Bar's document. The proposed document is a compilation of those documents and is primarily reflective of Santa Clarita's Civil Citation Procedure. C/Ruzicka asked if the City anticipates an increased workload and a staff increase. DCM/DeStefano stated that workload generated will result from the priorities determined by the City Council. At the present time, there are no plans to increase staff. However, if the Council wants staff to. focus on a wide variety of issues, an increase of staff or contract assistance through one of the city's consultants may be necessary. C/Ruzicka asked who would serve as hearing officers. DCM/DeStefano stated that the way the draft has been prepared indicates that the hearing officer is actually the Planning Commission. In some cities, the hearing officer is a senior staff member, in some cities the hearing officer is someone in administration, and in some cities the Planning Commission serves as the hearing officer. Some cities hire or appoint an outside person to serve that purpose. A recent Supreme Court case deals with this issue. Someone was cited for a particular issue and the hearing officer was a member of the senior staff. The issue was whether or not there was a fair hearing because the office was a member of staff making a decision regarding a citation issued by the city. It is being suggested by the City Attorney that the hearing officer be someone outside the scope of the normal city structure. C/McManus asked if the City Attorney suggested that an appointee would not be perceived to be biased. DCM/DeStefano stated that they felt it was a safer approach than using a staff person or the Planning Commission. Chair/Tye asked what method the City of Walnut uses in place of a Code Enforcement Policy that is effective for the community. DCM/DeStefano responded that Walnut uses a process similar to what has been used by Diamond Bar for the last 10 years. They make initial contact with the alleged violator and write a letter outlining the alleged problems. If remedy is not forthcoming within a specified amount of time, they write a second. letter that basically states that if the matter is not resolved the city will see the violator in court. If the matter is not resolved, it is turned over to the district attorney. A deputy district attorney is assigned to the case. An office conference is held during which the violator is told that if the matter is not resolved within a specified period of time, the next meeting will be before a judge. This process is effective but lengthier than the process that would be administered through this proposal. C/Kuo asked what qualifications are necessary in order for the Code Enforcement Officer to write a citation. SEPTEMBER 28, 1999 PAGE 3 .,ft A e DCM/DeStefano stated that in order to write a citation, there must be specific training through the Police Officers Standards in Training (POST) in accordance with Section 836.5 of the Penal Code. Anyone authorized by the City Manager who has passed specific training may issue citations. All police officers receive the POST training as a matter of training to become a police officer. Presently, the volunteer patrol is not authorized to issue citations. The matter is under consideration by the Sheriffs Department to expand their scope of duties. C/Kuo asked if a dismissal resulting from an error or subjective judgement (the last paragraph of Section 2.10) might cause a problem for the city. k DCM/DeStefano stated that this section deals with error in duplication of citations and subsequent dismissal. C/Ruzicka said that his understanding of this section is that each case is judged on its own merits and will have no precedent as to how a similar case might be judged. DCM/DeStefano stated that this is a fair assumption and is the way in which cases are handled at this time. Each case is considered on an individual basis. PUBLIC HEARING: • PLANNING COMMISSION COMMENTS: regarding Eucalyptus trees and how invasive they are. INFORMATIONAL ITEMS: 1. Development Code Amendments - Status Report: VC/Nelson shared with the Commission an article AssocP/Lungu presented a status update regarding potential Development Code amendments. Under consideration are the following items: Zoning Code Matrix consistency with the General Plan; setbacks for swimming pools and spas consistency; restrictions on non -conforming structures with respect to small patio covers and small additions - the new code does not allow for these items to follow the development line of the existing home as has been the case in the past; Subdivision Ordinance needs to provide for allowing the City's Engineer to make changes to a Tentative Map or conditions; rear setbacks for the RL and RLM Zone are 15 feet and the intent was that they be 20 feet; the sale of alcohol for off-site consumption in connection with the sale of motor fuel is permitted straight across the board in the matrix and staff is considering incorporating Conditional Use Permit requirements for this type of activity on the Review Authority Table. Planned Sign Program has been replaced with Comprehensive Sign Program (housekeeping); lot coverage - consideration of reducing the 40 percent lot coverage - staff has encountered problems with applicants wishing to cover the entire lot; current code allowance for a 500 square foot guest house which may be approved by the director and anything exceeding 501 square feet requiring a Minor Conditional Use Permit and the ratio of parking to the addition of a guest house - staff has encountered a number of situations involving applicants who wish to build 3,000 and 4,000 square foot guest houses which is similar to a second residence. She indicated that these items are currently under consideration as priority items. SEPTEMBER 28, 1999 PAGE 4 2. Housing Element.- Status Report: DCM/DeStefano presented staffs report. 3. Public Hearing dates for future projects - as submitted. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: C/Ruzicka moved, C/McManus seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 8:02 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Steve Tye Chairman AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNER APPLICANT: City of Diamond Bar PLANNING COMMISSION Staff Report 1 September 17, 1999 October 12, 1999 k Comprehensive Sign Program No. 99-6 To install nine wall signs, replace the sign face of an existing legal non -conforming ,monument sign and install one window sign for Starbucks. 1195 Diamond Bar Diamond Bar, CA 91765:. Jacob Khakshouri 12424 Wilshire Blvd., Ste. 650 Los .Angeles, CA 90025 Ray Bush 394.0 Pyrite.St. Riverside, CA 92509 The property owner, Jacob Khakshouri, and applicant, Ray Bush, are requesting approval of Comprehensive Sign Program No. 99-6 (pursuant to Code Section 22.36.060). The request is to install nine wall signs, replace the sign face of an existing legal nonconforming monument sign and install one window sign for Starbucks'. The proposed signs are requested for the one story commercial building. to be utilized for Hollywood Video, Starbucks,_ Cathay Bank, and food/retail tenant approved by the, Planning Commission on September` 22, 1998. The commercial building, located at 1195 Diamond Bar Boulevard, is presently under construction. The project site has a General Plan land use designation of General Commercial (C) Pursuant to the General Plan, the land use designation provides for regional, freeway oriented and/or community retail and service commercial uses. The zoning designation for the project site is Regional Commercial (C-3) . Premises in Zone C-3 permits a wide range of uses and services. Generally, the following zones surround the project site: to the north and west is the Limited Multiple Residential Zone -Minimum Lot Size '8,000 square feet -25 units (R -3-8,000-25U), and to the south and east is the Regional Commercial (C-3) Zone. ANALYSIS: The purpose and intent of a Comprehensive Sign Program is to integrate a project's signs with the design of the structures to achieve a unified architectural statement. Pursuant to Section 22.36.060, a Comprehensive Sign Program is required whenever there are new multi -tenant developments of three or more separate tenants that share either the same parcel or structure and use common access and parking facilities. Therefore, a Comprehensive Sign Program approval is required. The applicant proposes the following signs: CITY DEVELOPMENT CODE STANDARDS PROPOSED SIGN STANDARDS 1 Wall signs - one per each 1. Wall signs - one per each tenant's building frontage. tenant's building frontage. 1.25 s.f. of sign area per 1.25 s.f. of sign area per lineal foot of building lineal foot of building frontage for ground floor frontage for ground floor uses. 125 s.f. maximum per uses. Total of nine wall use. signs proposed. 2. Monument sign one per 2. Monument sign one street frontage. Maximum existing sign located at sign area - 72 s.f. per corner of Diamond Bar sign. Maximum height - 6 Boulevard and Grand Avenue. ft. Signs shall be set Total sign area is 32 s.f. back 10 ft. from property per monument face. Overall lines or ultimate, row line sign height is 51 6". Sign and shall not block is existing and considered traffic safety -area. a legal non -conforming structure. 2 3. Window sign - shall not 3. Window sign - one window occupy more than 25 sign for Starbucks. Sign percent of the window is three feet by three area of any one window feet. The proposed sign including permanent and does not exceed 25 percent temporary signs. of the window area. The proposed signs meet' the City's 'Development Code requirements. All of the proposed wall signs consist of individual channel letters. The proposed wall signs for the Hollywood Video, Starbucks, and Cathay bank are corporate colors and contain corporate logos. In addition to the proposed wall signs, the Hollywood Video proposes to incorporate a painted blue mountain on their designated portion of building frontage. City staff recognizes the blue mountain as separate feature from the proposed signs. The mountain may be considered an architectural feature of the building. Since the Hollywood Video is located on the corner facing the street intersection, it is the most visibly prominent tenant. Therefore, it is anticipated the Hollywood Video will have the most visual impact. As an architectural feature, the painted mountain helps break up' the mass of the building. However, City staff recommends the proposed painted mountain not be painted blue because of the sharp contrast it has with the other architectural features of the building. City staff recommends the mountain be painted to match the overall color scheme of the building. The previously approved material/colors board includes Mesa Tan and Cape Cod Grey. As part of this comprehensive sign program, the recommended color would be a shade darker than Mesa Tan or the same shade 'of Cape Cod Grey. To ensure the appropriate color be used for the mountain, the approved color for the mountain would be reviewed by the City prior to the issuance of any City permits for the Hollywood Video. wall signs. The monument sign base and cabinet are existing. It is located at the corner of Diamond Bar Boulevard and Grand Avenue, only a few feet behind the sidewalk. Pursuant to Section 22.36.120 of the City of Diamond Bar Development Code, signs shall not belocated closer than 25 feet from a property line, except that a sign may be located up to 10 feet from an ultimate street right of way line. The existing monument sign was approved prior to the effective date of the City of Diamond Bar Development Code. As a result, the monument sign is considered a legal non -conforming structure.] The legal non -conforming sign's location and size is permitted as it was previously approved. Furthermore, maintenance and repair of a legal non -conforming sign is permitted. The 3 applicant proposes to reface the monument sign to accommodate the four tenants. The new face design includes a horizontal grid with a break in the middle on an eight foot wide by 4 foot high sign face. City staff feels this specific arrangement of the four tenants' signage is most appropriate because it allows for easy identification and readability. As part of the comprehensive sign program's conditions of approval, any change in the design and arrangement of the of the four tenants' signage on the monument sign shall require the City's review and approval. The Public Works Division and reviewed this project. Their the draft resolution. ENVIRONMENTAL ASSESSMENT: the Building and Safety Division recommendations are a component of The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to Section 15311(a) of the California Environmental Quality Act (CEQA). NOTICE OF PUBLIC HEARING: A Comprehensive Sign Program reviewed by the Planning Commission does not require a public hearing. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Comprehensive Sign Program 99-6, Findings of Fact, and conditions of approval as listed within the attached resolution. REQUIRED FINDINGS: 1. The Comprehensive Sign Program satisfies the purpose of Chapter 22.36 of the City of Diamond Bar Development Code and the intent of Section 22.36.060. 2. The 'proposed - signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or uses they identify, and to surrounding development. 3. The Comprehensive Sign Program accommodates future revisions which may be required due to changes in uses or tenants. El 4. The Comprehensive Sign Program complies with the standards of Chapter 22.36 of the City of Diamond Bar Development Code, except that flexibility is allowed with regard to sign area, numb ' er, location, and/or height to the extent that. the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes of this Chapter. Prepared by: XVn47f Sonya(�toe U Development Services Assistant Attachments: 1. Draft resolution; 2. Application; 3.Exhibit 'A" - site plan, elevations with proposed signs, written sign criteria proposal, and details dated October 12, 1999. A. 10 PLANNING COMMISSION RESOLUTION -NO.- 99 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING COMPREHENSIVE SIGN PROGRAM NO. 99-6 AND CATEGORICAL EXEMPTION SECTION 15311 (a), A REQUEST TO INSTALL NINE WALL SIGNS, REPLACE THE SIGN FACE OF, AN EXISTING LEGAL NON -CONFORMING MONUMENT SIGN AND INSTALL ONE WINDOW SIGN FOR STARBUCKS AT 1195 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. Recitals 1. The property owner, Jacob Khakshouri, and applicant, Ray Bush, have filed an application for Comprehensive Sign Program No. 99-6, a request to install nine wall signs, replace the sign face of an existing legal non -conforming monument sign, and install one window sign for.Starbucks. The project site is located at 1195 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Comprehensive ,Sign Program and Categorical Exemption shall be referred to as the 'Application". 2. The Planning Commission of the City of Diamond Bar on October 12, 1999 conducted.a meeting on the Application. 3. Pursuant to Chapter 22.36 of the, Diamond Bar Development Code, a Comprehensive Sign Program does not require a public hearing or notification of property owners surrounding the project site. 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 project identified above 1 hereby determines that the in this Resolution is Categorically Exempt from the California Environmental Quality amended, and the guidelines pursuant to Section 15311 (a) of of Title 14 of the California Cod requirements of the Act (CEQA) of 1970, as promulgated thereunder, Article 19 of Chapter 3 e of Regulations. 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 this 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 :site relates to a parcel utilized by a multi -tenant commercial building. Currently, the subject parcel is being developed for a Hollywood' Video, Starbucks, Cathay bank, and food/retail tenant (Conditional Use Permit No. 98-9, Development Review No. 98-11) approved by the Planning Commission on September 22, 1998. The project site is located at 1195 Diamond Bar Boulevard, Diamond Bar, California. (b) The project site has a General Plan Land Use designation of General Commercial (C). It is within the Regional Commercial (C-3) Zone. (c) Generally, the following zones surround the project site: to the north and west is the Limited Multiple Residential Zone -Minimum Lot Size 8,G00 square feet - 25 units (R -3-8000-25U), and to the south and east is the Regional Commercial (C-3) Zone. (d) The proposed project is a request to install nine wall signs and reface an existing legal non- conforming monument sign. 2 e The Comprehensive Sign Program satisfies the.putpos'e ,of Chapter 22.36 of the City of Diamond Bar Development Code and the intent of Section 22.36.060. The Comprehensive Sign Program is consistent with the purpose and intent of Chapter 22.36 of the City of Diamond Bar Development Code because it complies with standards and guidelines, and is i the :design compatible with the style, color, and the requirements for size and presentation. The proposed signs were reviewed by the Public Works Division and comply with clear line -of -site and directional requirements. Additionally, the Building and Safety Division reviewed the sign 'proposal. That Division's plan check review, permit, and inspections will ensure that the proposed signs will not be a public hazard. The proposed signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or uses they identify, and to surrounding development. The proposed wall signs' type face styles, arrangement,. and colors allow for easy reading. Furthermore, the proposed signs' design is harmonious with the eclectic collection of sign styles in commercial centers as a whole, as well as being compatible with the style, color, and signsof the commercial sites surrounding the project site. (g) The Comprehensive Sign Program accommodates future revisions which may be required due to changes in uses or tenants. Future revisions are permitted, but any sign revisions must stay within the calculated maximum sign area allowed. (h) The Comprehensive Sign Program complies with the standards of Chapter 22.36 of the City of Diamond Bar Development. Code, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive 3 Sign Program and will more Chapter. will enhance the overall development fully accomplish the purposes of this The application of nine wall signs of varying heights and locations, and one monument. sign is consistent with the intent of Chapter 22.36 of the City of Diamond Bar Development Code. The color, ,size, presentation, and placement of the signs allow for flexibility with compatibility utilizing size, shape, color, presentation, and by utilizing logo recognition. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, elevations, written sign criteria proposal, and details collectively labeled as Exhibit 'A" dated October 12, 1999, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse., whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been 'authorized by the City to provide collection, transportation, and disposal of solid :waste from residential,, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Monument sign shall contain an Arabic number address plate identifying the project or use by specific street address. Numbers shall be a minimum of three inches in height and shall clearly visible from the adjacent street. Address plates shall not be calculated against the permitted sign face area. 4 Applicant shall install a minimum of of landscaping at the base of the The Planning Division shall approve prior to refacing the monument sign. 64 square feet monument sign. the landscaping (e) Applicant shall submit a sign plan to be reviewed and approved by the City if there are any revisions or changes to the design and arrangement of the monument sign face area. (f) Wall signs shall not exceed the maximum sign area allowed, which is calculated by multiplying 1.25 square feet by the number of lineal feet of building frontage for the designated business unit. The maximum sign area also shall not exceed 125 square feet for any single wall sign. (g) Prior to the issuance. of permits for the Hollywood Video signs, -the applicant shall submit a color sample for the proposed. painted mountain for City's review and approval. (h) Plans shall conform- to State and Local Building Codes (i.e. 1997 editions of the Uniform Building Code and 1996 edition of the National Electrical Code) as well as the State Energy Code. (i) Proposed sign wall attachment shall be engineered to meet wind loads of 80 m.p.h. with an exposure of C" (j) Applicant shall submit plans indicating location of disconnect switch, -method of the electric sign attachment to sign base, and verification of U.L. approval. (k) No electrical conduit shall be exposed. (1) The applicant shall comply . with the Planning Division's, Building and Safety Division's, and Public Works Division's requirements. (m) This grant is valid for one year and sign installation shall commence within a one year period or this grant shall expire. 5 k4L'' (n) This grant shall not be effective for any purpoa, until the permittee and owner of the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Furthermore, this grant shall not 'be effective until the permittee pays the remaining City processing fees. (o) 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 deminimus impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department 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 to: Jacob Khakshouri, 12424 Wilshire Boulevard, Suite 650, Los Angeles, ' CA 90025 and Ray Bush, 3940 Pyrite Street, Riverside, CA 92509. APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Tye, Chairman 6 I, James DeStefano, Deputy City Manager, do hereby certify 4thaJt 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 12th day of October 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BY: James DeStefano, Secretary 7 CITY OF DIAMOND BAR IVCD P DEPARTMENT OF `MOND NiMUNITY & DEVELOPMENT SERVICES �., EN r. Planning Division 21660 E. Copley Drive Suite 190, Diamond Bar, CA 91765 ,99 SEP 22 P4:40 (909)396-5676 Fax (909)861-3117 COMPREHENSIVE SIGN PROGRAM Record Owner Applicant v, I �S /A,�w ,o � Q. SAW �( U.. - , �1 c_., Name ((Last naame� first) (Last ynaame� first) Addresss 1l �..s t-{� 1� (I 9fl1'E © �W 1 T`^MR t,Ce 51 40 -ET City t-•ol�S N C y,1. �� . CQ 1�,1 \l�D Zip Phone( )3 It OpoL���" IPhone( Fax ( ) 31 tib O d!lJ� I �[ �1 Fax ( )�" 0 y Case k FPL# '' C1 - Gt( Deposit S 7 CC C: 8 Receipt # By i�' .) Date Rec'dei �• FOR CIT]' 'SE Applicant' 6 13 (Last name fust) 9—L214-' 1� I t—Sti, C'o tT c O Phone( Fax ( NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent. I cert(fy that I am the owner of the herein described property and permit the applicant to file this request. Signed Date _9 —117701 q (All record owners) Cert(fcation: I, the undersigned, hereby certjfy under penalty of perjury that the ir(formation herein provided Is correct to the best of my knowledge. Print Nam e,�"-1---���.-L-�'' L� ~���. �• (App � or t) Signed Date pplicant or Agent) Location 1 1 9 rA W-10),\ V1 (Streef address or tract and lot number) between CcS� �s.a. n Gf2�. `� and (Street) (Street) Zomig House Numbering Map List number, size and type of sign(s) requested. (Example: 2 - 8' x 9' Freestanding, double faced signs - 6 ft. high 1 - 3' x 24' Wall sign) ($ C H�N�k ~ L:�-� RS _� 5 J` X 13/ C�, L: 1-1 Jut Lj �1' P 9-1 0 ; j MIT 53- ' � ���8� ■mow 4'r. •'r:. I I 16: -46- DKUb'r tr'aithl—lr;>_r Z,r LNv-. ----�- --- -- .4t` L. `•. 4-i e i Iv rn �'; "n•j,_;j �'%�'', to :� �'�`.S :�.5` ,'. ,ri •�`� is •:i:r:'�t.. a � a� ��. � .:•„ Pq rl wi �•.,; a � ;•',• �'; � ';;c' rig;.:. � � '�:a- � . �•z•. o .. tv+1 k ,j ;,iii:% .r';!.'::4• .., . c 77 w ' •fit tGt �. r r `a, ' . :f�,`',t•� Vit.; :4 .•• ,�•M1 ±� .. Ire'%� .. .,.�' .. RECEIVED 1195 & DIAMOND BAR =I UZ C:IT CI 0IA*1QND rill Signagoes Cniteria Prop- 2_1 am 19 Goal To establish a criteria for the purpose of maintaining a community of quality and aesthetics for all new signs within the subject property for the mutual benefit of all tenants, and to comply with the regulations of the municipal authorities having jurisdiction. To provide all tenants with equal advertising on all elevations. Conformance will be strictly enforced, and any installed non -conforming displays will be removed at the expense of the tenant. M 1 Tenants shall submit or cause to be submitted to the landlord, for approval, prior to fabrication, four (4) copies of detailed drawings by sign fabricator indicating the following: Location, size, layout,, type style, design, colors, illumination, material and method of attachment to the owner. 2. All permits for signs and their installation shall be obtained by tenant or its representative. Tenant shall be responsible for submitting sign drawings to the appropriate municipal agency for approval. 3. Signs shall be fulmished by tenant and installed solely at its expense. 4. Tenant shall be responsible for the fulfillment of all requirements and specification, including those of the municipal authorities having jurisdiction. Pdor'to application for sign permits, detailed drawings of all signs visible from the public rights of way shall be submitted to the city of Diamond Bar Planning Department for review and approval. These drawings must be sign and stamped approved by the owner prior to submittal to the city. 5. Signs shall be reviewed for conformance with this criteria and overall design quality. Approval or disapproval of sign submittals based on aesthetics of design shall remain the sole right of landlord or its authorized representative. Signs found to be non -conforming will be rejected and shall be removed at tenants expense. 6. Tenant shall be responsible for the maintenance of its sign. Should tenants sign require maintenance or repair, landlord will give tenant (30) days written notice to effect said maintenance or repair. Should tenant fail to do same, landlord will undertake repairs and tenant shall reimburse landlord within ten (10) days from receipt of invoice. 1. Logo - A letter style, symbol, color or signature that signature that represents a company, corporation, business or organization's name or recognized image. I 2. Major Tenant - A tenant occupying lease space equal to or greater than 50% of the lineal frontage. 3. Minor tenant - A tenant occupying lease space equal to or less than'49 lineal feet of frontage. 4. Primary Sign - Consists of the name of the company, corporation, business or organization doing business at this location. 5. Wall Signs - Signs which are affixed to any exterior wall of a building or structure, the face of which is in a plane parallel to the plane of the wall and which projects not more than eight inches from the from the wall. 6. Landlord - Property owner or lessor of property. All reference to obtaining the approval of, or contacting the landlord in connection with this criteria shall be routed through the designated authorized agent or property management company. 8. Frontage -defined as "Portion, of building occupied by Tenant on that elevation. 0 1. Animated flashing or audible signs will not be permitted. 2. Signs and their installation shall comply with local national building and electrical codes and Bear U. L. LABEL placed in an inconspicuous place.. All channel letter signs and neon will conform to the new U. L. requirements #2161, GFI transformers. 3. Sign square footage to calculated as follows: A) All tenants are allowed 1.25 square foot per lineal foot not to exceed a maximum of 125 square feet. 4.Tenants signs will intemally illuminated individual channel letters .060 aluminum returns and backs with 3/16" Plastic face (No cross over neon or wiring permitted), 5. All styles of letter shall. be subject to landlord approval. 6. Tenant shall be responsible for the installation and maintenance of all signs. 7. Tenants sign contractor shall repair any damage to any work caused by his work. 8. Tenant shall be fully responsible for the operations of the tenants sign contractors. 9. Electrical service to all signs will be connected to tenants meter. 10. Signs advertising a individual use, business or building shall be attached to the building or signage area at the location shown on the attached drawings entitled "Typical Elevation". 41 1. Tenant shall install its sign as indicated in the enclosed exhibit. 2. Tenants with multiple frontage will be allowed signage on each frontage provided the frontage faces a street or the parking lot. 3. Logos will be considered on a case by case basis. 4. Projections above or below the sign fascia will not be permitted. 5. Individual shop logos may be located anywhere within the "net sign area", height may not exceed the maximum letter height. 6. Internal illumination shall be 30 mill -amp neon minimum installed and labeled in accordance with the "National Board 'Of Fire Underwriters Specifications. 7. With the exception of major tenants, advertising or information content on the sign shall be limited to the letters designating the store name or letters designating the store name or established trade logo. 8: The Length of primary signage shall not exceed 70% of the lease hold width. 9. Tenants will be allowed advertising space on the existing monument at the sole discretion of the landlord or his. agents. E. I 2. The face of individual illuminated letters shall be constructed of acrylic plastic ( 3/16" thick minimum ) all trim shall be of single color. 3. Location of all openings for conduit in building walls shall be indicated on signdrawings submitted to the landlord. 4. All penetrations of the building structure required for sign installation shall be neatly sealed in a water -tight condition. Sealant color shall match. material in which it is installed. 5. Labels or other identifications will not be permitted on the exposed surface of signs except those required by local ordinance which shall be applied in an inconspicuous location. 6. Sign contractor shall repair any damage to any work caused by his work . Damage to structure that is not repaired by the sign contractor shall become tenants responsibility to correct. 7. Tenant shall be fully responsible for the operations of the sign contractor, and shall indemnify, defend and hold landlord and the achor stores harmless from damages or liabilities on account thereof. 8. It is the responsibility of tenants sign company to verify all conduit and transformers locations and service prior to fabrication. E 1. Sign company shall carry workman's compensation and public liability insurance against all damage suffered or done to any and all persons and/or property while engaged in the constructipn or erection ofsigns in the amount of $1,000,000.00 per occurrence.. WA. 1. Tenants sign contractor shall completely install and connect sign display primary wiring at sign location stipulated by landlord. 2. Landlord reserves the right to hire and independent electrical engineer at (tenants sole expense)to inspect the installation of all tenants signs and to require the tenant to have any discrepancies or code violations corrected at tenants expense. 1.. Sign lighting will be required to be operated by time dock. Hours of sign illumination may be mandated by tenant's lease. 1. No window signs will be permitted except with landlord approval. Each tenant shall be permitted to place adjacent to each public entrance of its premises not more than 144 square inches of lettering not to exceed two (2) inches in height, Indicting hours of business, emergency telephone numbers, etc. 2. Each tenant who has a non -customer door receiving merchandise may have uniformly applied said door, in two inch high lefts, the tenants name -and address. Where more than one tenant uses the same door, each name and address shall be applied. Color shall be as selected by landlord. U I City of Diamond Bar PLANNING COMMSSION Staff Report AGENDA ITEM NUMBER: 8.1 REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: M PROJECT LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: September 21, 1999 October 12,,1999c Conditional Use Permit No. 95-1(1), Variance No. 99- 8 and Tree Permit No. 99- 2 A request to add 34 parking stalls, reduce the required parking stall dimensions and to remove and replace four oak trees and one California Pepper tree. 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91765 First Evangelical Free Church 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91765 Reverend Mark Hopper 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91765 The , property owner and applicant are requesting approval of Conditional Use Permit No. 95-1(1), Variance No. 99-8 and Tree Permit No. 99-2. The Conditional Use Permit request is to add approximately 34 parking stalls to an existing church facility identified as. ' First Evangelical Free Church a portion of which is currently under construction. The Variance request is to allow a reduction in the par - king stall dimensions. The Tree Permit request is to allow the removal and replacement of up to four Coast Live Oak trees and one California Pepper tree. il The project site has a General Plan land use designation of Low - Medium Residential (RLM - max. 5 du/acre) and is within the Low - Medium Residential (RIM) Zone. Generally, the following zones surround the project site: To the north and east is the RIM Zone; to the south is the. Low Density Residential (RL) Zone which incorporates the Walnut Valley Unified School District "Site D11; and to the west is the Neighborhood Commercial (CPD/C-1) Zone. The project acres. It is undergoing an site is a triangular shaped lot, approximately 2.37 development with a church facility, which is currently expansion. The church facility was originally approved by Los Angeles County (Conditional Use Permit No. 1634(1)) in 1980. This approval permitted the church's development in three phases within ten years. Phase I would include a multi-purpose room, classroom, offices, and parking. Phase II would include a two-story classroom structure. Phase III would include the main sanctuary with classrooms. Additionally, the original approval included 76 parking spaces and landscaping at the project's completion. At the conclusion of ten years, the three phases were not completed. After the City's incorporation, the applicant requested an extension of time to continue the church's development. The City Council granted the extension of time on May 21, 1991. In 1995, First Evangelical Free Church requested to lift time constraint of the extension of time grant; removethe one-story classroom structure located within the grassy knoll; and install two temporary modular classrooms, which would be removed when the main sanctuary was completed. As a result, Phase III would consist of the main sanctuary with classrooms and the two temporary modular units. The Planning Commission on may 22, 1995 approved the revisions to Phase III. ANALYSIS: The Los Angeles County Code required that a church facility within a residential zone obtain an approval through the Conditional Use Permit process. Furthermore, a Conditional Use Permit that is valid and in effect shall tun with the .land and continue to be valid upon change of ownership of the land or any lawfully existing structure on the land. Evangelical Free Church has a valid permit, in full force and effect due to the substantial construction, which has occurred within the approved time frame. Any revision to the Conditional Use Permit that is considered substantial by the City requires a public hearing with the Planning Commission as the review authority. The applicant's request to add 34 parking stalls, which causes the removal of specified tree species and a reduction in parking stall dimensions is considered substantial, hence the Planning Commission's review. K Parkingaarking Lot Ar a/ Lighting The original Conditional Use Permit requires that, the church facility provide 76 parking stalls. This parking requirement was base on occupancy (375 seats) with one parking stall for every five occupants of the largest assembly area. Presently, due to the church facility's construction, the City is allowing temporary street parking until March 2000. The temporary parking is permitted oiT Wednesdays between 8:30 a.m. and 12:30 p.m. and 6:45 p.m. and 9:45 p.m. on southbound Diamond Bar Boulevard, between 100 feet south of Crooked Creek Drive and the northerly drive approach of the church facility. AdditionallX, street parking is allowed in the same area on Sundays from 6:00 a.m. to 10:00 p.m. In order to provide more parking, the applicant is requesting to provide approximately 34 additional parking stalls on-site. Therefore, a total of 110 parking stall will be provided on-site. In order to provide the additional parking stalls, the applicant is proposing to cut into a portion of the existing knoll located within the rear of the project site (see Exhibit "A", page C-1). The Development Code requires that a lighting plan/study be submitted to the City for review and approval. It is required that the level of parking lot lighting projected onto any ground surface be an average of between one and two footcandles; and the uniformity ratio (average to minimum) shall not exceed 6:1. Generally, pole mounted fixtures shall be low in height (20 feet or less) and equipped with light shields to reduce or eliminate light spillage beyond the project's boundaries. Furthermore, lighting shall be on a time clock or photo sensor system. The applicant has submitted alighting plan/study for the City's review and approval. The plan indicates that the average footcandle is 1.61 and the uniformity ratio is 1.61:.29, which complies with the Development Code. The light fixture pole height is proposed at 20 feet. A detail of the light fixture is required delineating the shielding method. Gra r3 J ng According to the applicant's request, cutting into the knoll will require approximately 5,250 cubic yards of cut and 30 cubic yards of fill with approximately 20 cubic yards of shrinkage. There- fore, 5,200 cubic yards of earth will be exported. The proposed grading will require that the applicant provide an update and re-evaluation of the project's approved geotechnical report. Theadditional,parking stalls may effect the project's approved 3 drainage. Therefore, the applicant will be required to update and re-evaluate the approved hydrology study and, hydraulics calculations. getaininCl Wall The original approval for the church facility includes a retaining wall onthe west side of the project site adjacent to the parking stalls. The applicant"is proposing to extend this retaining wall approximately 36 lineal feet in order to support the pad for the additional proposed parking stalls. The height of this portion of the retaining wall will be approximately three and one-lXalf feet. The proposed 36 lineal feet of retaining wall must be included in the updated geotechnical report. Pursuant to the City's Development Code, the dimensions of a standard parking stall are 9 feet wide by 19 feet deep including bumper overhang. Compact parking stalls are not permitted. The Los Angeles County Planning and Zoning Code under which the church facility was processed allows compact parking stalls (7.5 feet by 15 feet); and the dimensions of the standard parking stalls are 8 feet by 18 feet. In the interest of consistency and maintaining a-26 foot wide drive isle, the applicant is proposing to add two compact parking stalls and standard parking stalls with dimensions of 9 feet wide by 18 feet deep including bumper overhang. Pursuant to the City's Development Code, the Commission may grant a variance from the Development Code governing development standards for the number of off-street parking sitalls and dimensional standards for parking stalls. Since the applicant is requesting two compact parking stalls and a dimensional reduction to the standard parking stalls, a Variance approval is required. The City's Development Code requires the protection of Native oak, walnut, sycamore, willow and naturalized California Pepper trees with a diameter at breast height (DBH) of eight inches or greater. In order to remove such trees, a Tree Permitis required. The Director or Planning Commission may approve an application for a Tree Permit with appropriate findings and conditions. The conditions may include, but are not limited to measures designed to protect and preserve protected trees remaining on-site and the restoration or protected trees removed from the site. According to the applicant's request, the installation of 34 additional parking stalls will definitely cause the removal of at least one Coast Live Oak tree that has a trunk DBH of approximately 22 inches. The applicant's request also states that there is a 4 possibility that three additional Coast Live Oak trees will be removed. The sizes are approximately 11, 12.75 and 15 inch DBH. Furthermore, the submitted site plan indicates the removal of approximately 12 other large trees. Pursuant to Development Code, the City may require an arborist report for a Tree Permit. An arborist report dated September 13, 1999 was prepared by Pilkerton Consultants, Inc. The report indicates that the applicant's proposal will cause the removal of the Coast Live Oak tree that has a DBH of approximately 22 inches. The three remaining Coast Live Oak trees should not be impacted by the parking lot expansion. * The report also indicates,.that one California Pepper tree has been damaged beyond restoration. However, staff believes the applicant did not realize that a California Pepper tree is protected because the church facility was approved under a code which did not protect this species. The arborist report also indicates that Coast Live Oak trees are in good health. The Code requires that the specified protected trees be replaced at a 3:1 ratio. Replacement trees, for six or fewer, shall be a minimum box size of 24 inches and shall be located on the same site to the extent feasible. As such, the applicant is required to plant three, 24 inch box trees of each species, to be located on- site within the remaining knoll area. Additionally, the planting the replacement trees should be supervised by an arborist and two years of monitoring should occur. 0:2 F750*M1VFTiE&1M_1§ 4 Staff agrees that additional parking is needed on-site. However, finding area on-site for additional parking is limited. There- fore, providing more parking on-site necessitates utilizing a portion of the knoll. Staff has visited the project site several times trying to determine how to provide additional parking and not destroy the large trees including those that require protection by the City's Development Code.. Staff is suggesting that the Planning Commission.and applicant consider another alternative. Staff is suggesting that the cut into the knoll be reduced by approximate- ly 17 to 20 feet. This will cause the loss of approximately five of the 34 proposed parking stalls adjacent to the Coast Live Oak trees and will probably require a retaining wall of approximately six feet in height to hold the cut. However, this would save the Coastal Live Oak trees and approximately seven of the larger trees. By removing three of the finger planters within the westerly portion of the parking lot, two or three compact parking stalls could be added. Also, byreducing the existing playground areaandadding another playground area or moving the playground area behind the existing classroom structure, approximately four standard parking stalls could be added. With this alternative approximately 36 parking stalls would be added, more of the knoll and large specimen trees included the protected species would 5 remain. The Coast Live Oak ak trees are located on a down slope. Because of this location, the roots that support the each tree structurally and from which the tree receives nutrients will not be impacted by construction. The City's Public Works and Building and Safety Divisions reviewed the proposed project." Their recommendations are within the attached draft resolution. When considering this project, staff recommends that thk Planning Commission consider the following options: 1. Approve the Planning Staff's alternative proposal; 2. Approve the project as submitted by the applicant 3. Modify the Planning Staff's alternative proposal or the applicant's submitted project; 4. Continue the project's public hearing; or 5.. Deny the applicant's submitted project. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit.No. 95-1. Pursuant to CEQA Section 15164, an amendment to adopted Negative Declaration No. 95-1 has been prepared for the revision request. The amendments public review period began.September 21, 1999 and ended October 10, 1999. NOTICE OF PUBLIC HEARING: Notice for this project was published in.the Inland Valley Bulletin and the Ran Cabriel VailAy Tribune on September 21, 1999. Public hearing notices"were mailed to approximately 59 property owners within a,500 -foot radius of the project site on September 16, 1999. Furthermore, the project site was posted with a display board on September 21, 1999 and the public notice was posted at three public places on September 17, 1999. Staff has also had met with several neighbors (Larry Fry, Ron Jung, Bill Bauch and Linda Villanueva) and talked to Joe Johnston twice by phone. 2 . RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 95-1 (1), Variance No.199-8, Tree Permit No. 99-2 with the incorporation of staff approval, amendment to Negative Declaration No. 95-1, Finding of Fact and conditions of approval as listed within the attached resolution. REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/ intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of California Environmental Quality Act (CEQA). REQUIRED VARIANCE FINDINGS: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions) , so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates and unnecessary and non -self created, hardship or unreasonableregulation which make it obviously impractical to require compliance with the development standards; 1. 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other 7 3. 4. property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed entitlement would not be detrimental to the public interest, health, safety, convenience,or welfare of the City; and 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED TREE PERMIT FINDINGS: (It shall be necessary that one or more of the following findings be made.) 1. The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; 2. The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree; 3. The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; 4. The tree is a public nuisance by causing damage to improvements, (e.g. building foundation, retaining walls, roadways/driveways, patios, and decks); 5. The tree is host to an organism, which is parasitic to another species of tree which is in danger of being exterminated by the parasite; 6. The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and 7. Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards) below. 8 Prepared by: Ann J. ung u, Asociate Planner Attachments: 1. Draft Resolution; 2. Amendment to approved Negative Declaration No. 95-1; 3. Exhibit "All site plan and grading plan dated October 12, 1999; 4. Arborist report dated September 13, 1999 prepared by Pilkerton Consultants, Inc.; 5. Application; 6. Planning Commission minutes dated May 8, 1995 and May 22, 1995; 7. Correspondence from Department of Forestry and Fire Protection dated October 1, 1999. 'j, E A. PLANNING COMMISSION RESOLUTION NO. 99 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 95-1(1)o VARIANCE No. 99-8, TREE PERMIT NO. 99-2 AND AMENDMENT TO NEGATIVE DECLARATION NO. 95-11 A REQUEST TO AMEND CONDITIONAL USE PERMIT NO. 95-1 IN ORDER TO PROVIDE APPROXIMATELY 36 ADDITIONAL PARKING STALLS, REDUCE THE REQUIRED PARKING STALL DEMENSIONS, PROTECT EXISTING COAST LIVE OAK TREES AND REPLACE ONE CALIFORNIA PEPPER TREE AT AN EXISTING CHURCH FACILITY. THE PROJECT SITE IS LOCATED AT 3255 S. DIAMOND BAR BOULEVARD* (TRACT NO. 33417, LOT 19) DIAMOND BAR, CALIFORNIA. 1. The property owner, First Evangelical Free Church and applicant, Reverend Mark Hopper, have filed an application for Conditional ional Use Permit No. 95-1(1) amending Conditional Use Permit No. 95-1, Variance No. 99-8, Tree Permit No.99-2 and Amendment to Negative Declaration No. 95-1 for a property located at 3255 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Variance, Tree Permit and amended Negative Declaration are referred to as the "Application". 2. On October 12,1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On September 21, 1999, notification of the public hearing for this project was provided in the San aahriel Valley Tribune and TnIand Vallp_y Daily Bulletin newspapers. On September 16, 1999, public hearing notices were mailed to approximately 59 property owners of record within a 500 -foot radius of the project site. Furthermore, on September 21, 1999, the project site was posted with a display board. The public notice was posted at three public places on September 17, 1999. 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, ofthis Resolution are true and correct. 1 2. Pursuant to the provisions of the California Envirorm Quality Act (CEQA) , the City has determined that a Nega TtAl`� Declaration is required for this project. According to CEA^ Section 15070, Negative Declaration No. 95-1 was prepared anct' adopted by the Planning Commission on May 22,1995. Pursuant to CEQA Section 15164, an Amendment to adopted Negative Declaration No.95-1 was prepared for the revision request. The Planning Commission hereby finds that the Initial Study review and Amendment to Negative Declaration No. 95-1 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act of 1970 and guideline promulgated thereunder. Furthermore, the Amendment to Negative Declaration No. 95-1 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 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 site relates to an existing church facility identified as First Evangelical Free Church. The project site is a triangular shaped lot, approximately 2.37 acres. It is developed with a ohe-story structure that contains a multi-purpose room, classroom and offices and a two-story structure that contains classroom. Currently, the church facility is undergoing an expansion, which will provide a main sanctuary structure with classrooms. (b) The project site has a General Plan land use designation of Low -Medium Residential (RLM - max. 5 du/acre). (c) The zoning designation for the project site is Low -Medium Residential (RLM). (d) Generally, the following zones surround the project site: To the north and east is the RLM Zone; to the south is the Low Density Residential (RL) Zone which incorporates the Walnut Valley Unified School District "Site D11; and to the west is the Neighborhood Commercial (CPD/C-1) Zone. K cEri (e) The Application request as amended herein is to provide approximately 36 parking stalls within an existing kAo-IVIk. for a total of 112 parking stalls; reduce the parking' stall dimensions; and protect the four Coast Live Oak trees and replace the one California Pepper tree that was destroyed. (f) The proposed uses are 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 proposed church facility is permitted in the Low Medium Residential (RIM) Zone with a Conditional Use Permit. The church facility obtained a Conditional Use Permit (CUP No. 1634(1)) from Los Angeles County in 1980. An extension of time was approved by the City May 21, 1991. Revisions to the original approval were approved on May 22, 1995. The church facility has a valid permit in full force and effect due to the substantial construction, which has occurred. . Any revision to the Conditional Use Permit that is considered substantial by the City requires a public hearing with the Planning Commission as the review authority. The applicant's request to add parking stalls within the knoll, reduce parking stall dimensions, and cause the removal and replacement of Development Code protected tree species requires Planning Commission review and approval. As amended herein, the proposed request will comply with all other applicable provisions of the Development Code and the Municipal Code; (g) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed request is consistent with the General Plan Objectives 1.3 and 4.2 of the Circulation Element and Objective 1.1 of the Resource Management Element. Objective 1.3 relates to maintaining the integrity of residential neighborhoods and discouraging through traffic. objective 4.2 relates to providing adequate parking for all types of land uses. * Objective 1.1 relates to preserving significant visual features like slope areas, hilltops etc., and preserve and protect native trees such as oak, walnut, sycamore, pepper, arroyo willow and significant trees of cultural or historical value. The proposed request as amended herein will provide adequate on-site parking and will reduce street parking on Diamond Bar Boulevard and within adjacent residential areas, thereby maintaining the integrity of residential neighborhoods and balancing the need for optimum traffic flow. Additionally, the proposed request as amended 3 herein will preserve and protect f our Coast Li -66" flaks — 1 ! that have varying diameters at breast height rangin4n: 11 to 22 inches along with other specimens of 1_r1;,c9r healthy trees. (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed request as amended herein for 36 additional parking can be accommodated on the project site. With the additional parking stalls, 112 parking stalls will be maintained on site, thereby reducing the need for on - street parking and causing the operating characteristic of a church facility to be more compatible with the existing residential uses and any future uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The church facility was approved by Los Angeles County in 1980 to be constructed in three phases. With this approval the physical suitability of the site and the density/intensity of the use including access, provision of utilities, compatibility with adjoining land uses was addressed. As referenced in Item (h) above, the proposed request for additional parking is compatible with the adjoining land uses. Additionally, the site can accommodate more parking and still preserve many of the large specimen trees and retain a portion of knoll,.which acts as buffer to the adjacent residential properties. Furthermore, the proposed additional parking does not impact site access or on-site circulation pursuant to the City's Public Works/Engineering Division review. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed request requires additional grading in order to create a flat pad for the parking area. An update and re-evaluation of the site's geotechnical report and hydrology study and hydraulics calculation is required for the City's review and approval. With the appropriate review, permits, inspections and compliance with conditions of approval, it is a ' nticipated that the granting of this Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the 4 vicinity and zoning district which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of California Environmental Quality Act (CEQA)., Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit No. 95-1. Pursuant to CEQA Section 15164, an amendment to adopted Negative Declaration No. 95-1 has been prepared for.the revision request. The amendments public review period began September 21, 1999 and ended October 10, 1999. VARTANCE (1) There are special circumstances' applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates and unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. Pursuant to the City's Development Code, the dimensions of a standard parking stall are 9 feet wide by -19 feet deep including bumper overhang. Compact parking stalls are not permitted. This standard was in effect on December 3, 1999. At this point is time, two approved phases of construction for the church facility was completed. Currently, the third phase is under construction. The Los Angeles County Planning and Zoning Code under which the church facility was processed allows compact parking stalls (7.5 feet by 15 feet); and the dimensions of the standard parking stalls are 8 feet by 18 feet. All three phases of the church facility's development was approved with these standards for parking stalls. In the interest of consistency and maintaining a 26 foot wide drive isle, the applicant is proposing to add two compact parking stalls and standard parking stalls with dimensions of 9 feet wide by 18 feet deep including bumper overhang. Due to the special circumstances that parking was approved and exists on-site with reduced dimensions and the original approval permitted compact parking, the strict application of the Development Code denies the property owner privileges currently enjoyed W, A� on-site and by other church facilities in the vicihitt* and under identical zoning districts. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought. As referenced in Item (1) above, the Variance is necessary - for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for: which the -Variance is sought. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan. Granting the Variance is I consistent with General Plan Objectives 1.3 and 4.2 of the Circulation Element. Objective 1.3 relates to maintaining the integrity of residential neighborhoods and, discouraging through traffic. objective 4.2 relates to providing adequate parking for all types of land uses. The proposed request will provide adequate on-site parking and will reduce street parking on Diamond Bar Boulevard and within adjacent residential areas, thereby maintaining the integrity of residential neighborhoods and balancing the heed for optimum traffic flow. Additionally, there is not an applicable specific plan for the area in which the church facility is located. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience,.or-welfare of the City. The proposed request requires additional grading in order to create a flat pad for the parking area. An update and re-evaluation of the site's geotechnical report and hydrology study and hydraulics calculation is required for the City's review and approval. With the appropriate review, permits, inspections and compliance with conditions of approval, it is anticipated that the granting of the Variance will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. (p) The proposed entitlement 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), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit No. 95-1. Pursuant to CEQA Section 15164, an amendment to adopted Negative Declaration No. 95-1 has been prepared for the revision request. The amendments public review period began September 21, 1999 and ended October 10, 1999. TREE PERMTT (It shall be necessary that one or more of the following findings be made.) (q) The tree is so poorly -formed due to stunted growth that its preservation would not result in any substantial benefits to the community. (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree. (s) The tree is a potential public health and safety hazard due to. the risk of it falling and its structural instability cannot be remediated. (t) The tree is a public nuisance by causing damage to improvements, (e.g. building foundation, retaining walls, roadways/driveways, patios, and decks). (u) The tree is host to an organism, which is parasitic to another species of tree, which is in danger of being exterminated by the parasite. (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard. (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards) below. The proposed request as amended herein will preserve the four Coast Live Oak trees that the applicant proposed to remove. Additionally, approximately seven of the larger trees will also be preserved. According to the project arborist, C.J. Pilkerton of Pikerton Consultants, Coast Live Oak trees in good health. The trees are located on a down slope. Because of the manner in which the trees are located, the roots that support the trees structurally and from which the trees receive nutrients will not be impacted by the construction that will add the additional parking stalls. Pursuant to the City's Development Codes, it will be required that the four Coast Live Oak trees be protected as prescribed in Section 22.38.140 -Tree Protection Requirements. Furthermore, it will be required that 7 fencing utilized for tree protection be install6d--­ak.the grading limits which is approximately 17 to 20 fdt*��hrom the trunk of the trees. The arborist report indicated that on California Pepper tree has been damaged beyond restoration. It is believed that the applicant did not realize that this tree is also protected pursuant to the Development Code because the church facility was approved under a code that did not protect this species. As a result, the applicant will be required to replace the California Pepper tree at a 3:1 ratio, 24 inch box size, to be planted on-site within the knoll. 5. Based on the findings and conclusions set forth above, the Planning commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan, grading plan and parking lot lighting plan/study and collectively labeled as Exhibit "All dated October 12, 1999, as submitted and approved by the Planning Commission, as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Within 30 days of this grant's approval, the applicant shall submit a revised site plan/grading plan for the City's review and approval delineating the following: (1) The reduced cut into the knoll, thereby preserving the four Coast Live Oak tree and approximately seven of the larger trees; .(2) The revised location of the 36 parking stalls which shall eliminate planter fingers within the westerly portion of the parking lot, the reduction of the existing playground area and the addition of" approximately four parking stalls adjacent to said playground area; (3) The protection of the four Coast Live Oak trees and the remaining larger trees pursuant to M Development Code Section 22.38.140 -Tree Pr8t6ction Requirements; (4) The location, within the knoll, of the three -24 inch box California Pepper tree; and (5) Top of wall, bottom of wall, top of footing, finished surface and construction material of retaining wall utilized to hold the cut into the knoll. Within 30 days of this grant's approval, the applicant shall submit an update and re-evaluation of the project's approved geotechnical report, hydrology study and hydraulic calculations reflecting the improvements approved by this grant for the City's review and approval. (e) Within 30 days of this grant's approval, the applicant shall submit a detail of the parking lot lighting fixture delineating method of shielding which shall eliminate spillage beyond the project site's boundaries. Additionally, this detail shall delineate the lighting time ,clock. Furthermore, parking lot lighting that may impact adjacent residential properties shall be off between 10:00 p. m. and 6:00 a.m. (f) This grant's approval shall allow compact parking stalls dimensions of 7.5 feet by 15 feet and standard parking stalls dimensions of 8 feet by 18 feet, including bumper overhang. (g) At the applicant's expense, the planting of the three - 24 inch.box replacement California Pepper trees shall be supervised by -a certified arborist. Additionally, the certified arborist shall monitor the maintenance of said replacement trees for two years. The first year, quarterly report on the trees' progress shall be submitted to the City. The second year, semi-annual report on the trees'. progress', shall be submitted to the City. If any replacement tree(s) die within the two years, the tree(s)shall be replaced and monitored accordingly. (h) All improvements approved by this grant shall be installed prior to final inspection. (i) Grading activities shall not occur between the months of February and August due to the fact that rapture nests may exist during this time unless the grading area is evaluated.by a biologist and it is determined that such nests do not exist. 9 (j) Applicant shall comply with Statet.::liandicap C-- Accessibility Regulations (i.e., van parking,<sh-ortest route to accessible entrance, shortest pea4stplan route to the closest pedestrian entrance, restroom's, ramps, elevators etc.). (k) Plans shall conform to State and Local Building Code (i.e. 1998 editions of the Uniform Building Code, Uniform. Plumbing Code, Uniform Mechanical Code, and National Electrical Code.) requirements and Fire Department requirements. (1) Applicant shall obtain final inspection approvals from the City and a Certificate of Occupancy before utilizing the main sanctuary current under construction. (m) All requirements set forth in Resolution No. 95-06 except those rescinded by this grant shall remain in full force and effect. (n) This grant is valid for two years and shall be exercised (i.e. construction started) 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. (o) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (p) 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, ifthis 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 and Game any such fee and any fine which the Department determines to be owed. I pull The Planning Commission shall: (a) Certify to the adoption of this Resolution; A., (b) Forthwith transmit a certified copy of this Resolu'ti'611". by certified mail, to: Reverend Mark Hopper, Evangelical Free Church, 3255S. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND.. ADOPTED THIS 12TH OF October 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Tye, Chairman 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 City of Diamond. Bar, at a regular meeting of the Planning Commission held on the 12th day of October, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary M OCT 02 '99 09:12AM RSS-OPS p.2/2 STATE OF CALIFORNIA THE RESOURCES AGENCY Gray Govemor DEPARTMENT OF FORESTRY AND FIRE PROTECTION URBAN & COMMUNITY FORESTRY PROGRAM 2524 MULBERRY STREET RrVERSIDE, CALIFORNIA 92301 (909) 320-6125 City Planning Commission October 1, 1999 cjo City tlManagar's office City of Diamond Bar 21660 East Copley Drive Diamond Bar, CA. 91765 Dear Commissioners: I have been asked by the Diamond Bar Evangelical t=ree Church to express my opinion as it relates to a -proposed matter before you concerning the proposed removal of a number of trees located on the NW %. of their properly. This pending project is designed to accommodate increased onsite parking. I had the opportunity In June of 1991 as well as earlier this year to revisit and review the area as it relates to the matter of reassessing removal of some of the existing tree eovec During my two visits, I made the following observations: • With the exception of three native oaks located on the NW Y. of the property, none of the larger trees covering the property are native to California or are of special concern for retention. • The larger diameter trees located on the slope adjacent to the stood control channel are in a moderate to poor condition class, with the exception of the Canary Island pine, for their species and age. A few of the larger diameter trees are high hazard/tlabtllty tree candidates because of their excessive {sen and potential to due damage tq, public improvements. • The relative soil depth that currently supports the root systems of the tree grove appears to be very shallow and prone to the potentials of wind thrown; the falling over of the troe(s) in heavy winds with wet soils, • The recent discoveries of new multiple Eucalyptus tree pests; Lerp psyllid, Australian Tortoise Beetle, and Eucalyptus long -homed borer make the Eucalyptus tree species a very weak choice for use or retention wittvn high traffic landscape areas because of the high risk of mortality, The current church leadership appears to be very open minded to looking at reasonable ways to blend on-site growth with a sensitivity towards being good stewards of the land under their trust With that in mind, I believe the tree - growing site can be enhanced through the selected removals of specific trees while making way for on-site parking expansion and retaining and entrancing the growing site for• the few native oaks. Sincerely, Ross Johnson Deputy Director for Resource Management = Ca ull © 1 8y: Eric A. Older --I ,_ E=o State Coordinator �, : tclasures: Urban & Community Forestry u ;,t[n rIi T v OF Df AMO!ID C>," PIAL-., BLDG., EuG`R. Pil Berton Consultants, IIIA. SEP 15 P4:17 P.O. Box 2790 La Habra, California 90632-2790 September 13, 1999 City of Diamond Bar 21660 E. Copely Drive, Suite 109 Diamond Bar, California 917654177 Attn: Ann Lungu, Planning Department .Subject: Evangelical Free Church of Diamond Bar At your request, an inspection and evaluation was conducted on Thursday, September 9, 1999 on the subject property. The purpose was to determine what impact, if any, may result on City protected trees from the parking lot expansion. My findings and recommendations are as follows: ® One Coast Live Oak, approximately 22" DBH will be impacted and require removal for the proposed development. Other Coast Live Oaks in the area should not be impacted by the new development. One California Pepper, approximately 12" DBH not clearly shown on the plot plan has been impacted and damaged beyond restoration. The two protected species, Coast Live Oak and California Pepper will be impacted by the new development and there will be appropriate space in the landscape for the 3 to 1 replacement ratios. Respectfully, 4��' C.J. Pilkerton, Registeied Consulting Arborist #326 .,tom., eery OE 'r"LAAMOND BAR COMIMUNI. DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 CONDITIONAL USE PERMIT APPLICATION Record Owner Applicant Name Evangelical Free Church of Diamond Bar (Last name first) (last name first) Address 3255 S. Diamond Bar Blvd. City Diamond Bar Tip 91765 Phone( )909 594-7604 �' Case I' FPL# Deposit S _ Receipt# By Date Rec'd y — r Applicant's Agent �• -- ,IMi Phone( ) Phone( ) M NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I cen* that I am the owner of the herein described property and permit the applicant to file this request. Signed Date (All record owners) Cerirfcation: I, the undersigned, hereby certify under penally of perjury that the irtformadon herein provided is correct to the best of my knowledge. Print Name Mark Hooper (Applicant or Apc4 Signed / i r�L�1. f�1 f(;/?�,?• L.. Date �c, �! 1 (Applicant or Agent) Location 3255 S. Diamond Bar Blvd.. Diamond Bar. CA 91765 (Street address or tract and lot number) Zoning_ - i- �. sz> o HNM y Lf 3 3 3 Previous Cases Present Use of Site Evangelical Free Church Use applied for Same Project Size (gross acres) 2.5 acres Project density Domestic Water Source Walnut Valley Water Company/DistAct Method of Sewage diqmmdjQt.ver Swigtion District _ Grediag of Lots by Applicant? Ye6 X No (Show necessary grading design on site plan or tent map) In addition to the information required in the application, the applicant shad_ xubstantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, pear, comfort or welfare of persons residing or working in the surrounding area, or 2. Be materially deftiumtal to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. Diamond Bar Evagelical Free Church has existed on the present site sin e 1983, Over 15 years of operation, the church has Provided service and benefit the community and has not been detrimental to the use or enioyment of other properties in the area. With maior activities on Sundays, local traffic is not impacted. Churches have historically proven to function well in local communities. R. That the proposed site is adequate in sin and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding arm The proposed site is adequate in size, as designed per the zoning code on-site plan., C. That the proposed site is adequately sowed: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. The church is located on a main arterial street (Diamond Bar Blvd.) with full utilities. LEGAL. DESCRIPTION (all ownership comprising the PMPOwd 1at(s)/Puc4(s) Tract: 33417. Lot 19 a division of a oortion of$ection 29 TWP 2 s-R9W - SBM as per map recorded in the book No. 909. page 37-39 inclusive LA County Ama devoted to structum 25% Landscaping/Open space 49% Residential Project: N/A and. N/A area) (No. of lots) Proposed density N/A (LTnits/Acres) .. Parking R,apired Prove Proposed k Standard 72 72 76 Compact . 0 0 44 Handicapped 3 3 4 Total 75 75 124 (staff use) PROJECT NUMBER(s): INITIAL STUDY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: Evangelical Free Church of Diamond Bar Mark S. Hopper HAwK"M 3255 South Diamond Bar Blvd. Lame MORE= Diamond Bar, CA 91765 Same 909 594-7604 Same mono PWw# 1. Action requested aid project deemiptim- Grade and remove a small knoll at the rear of the property and install asphalt parkin a lot. Project vAll also include appropriate landscaping. 2. Street location Of 5 3A. Present use of site: Evangelical Free Church 3b. Previous use of site or structures: Same 4. Please list all previous cases (if any) at to d& project N/A S. Other related permit/approvals requue& Specify type and granting agency. None 6. Are you planning future pbAsw of this project? y N If yes, explain: The first phase building project was completed in 1983. The second building phase was completed in 1992 consisting of a classroom building. Third phasean auditorium is currently under construction. 7. Project Area: Covered by structures, paving: 70% Landscaping, open waou- 30% Total Arm: 100 % I acre 8. Number of Boors: N/A 9. Present zoning: C-2 10. Water and sewer m..= Water Sewers Domestic Public X X Does service exist at site? oi- NGY, N If yes, do purveyors have Capacity to meet demand of project and all other approved projects? Cy' N Cy ' N If domestic water or public sewers are not available, baw.wlll these services be provided? „ N/A Residential Projects: 11. Number and type of units: 12. Schools: What school district(s) serves the property? Are existing school facilities adequate to meet project needs? YES NO If not, what provisions will be made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school. hospital, etc.) Adjacent to residential north of the property. Proposed school site across Diamond Bar Blvd. Small business center and flood control channel adjacent to the property on the Southwest. 14. Number and`fioor area of buildings: N/A 15. Number of employees and shifts: six employees/one shift 16. Maximum employees per shift: 6 17. Operating hours: 8:00 AM - 11:00 PM 18. Identify any: End products N/A Waste products N/A Means of disposal N/A 19. Do project operations use, store or produce hazardous substances such as on, pesticides, chemicals, paints, or radioactive ? YES If yes, explain 20. Do your opestions require nay prrssurixed tanks? YES rod If yes, explain 21. Identify any flammable, reactive or explosive materials to be located on-site. None 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? YES NO If yes, expo 2. Environmental Setting—Project Site A. Existing use/structures Church b. Topogmphy/slopen 2:1 *C. Vegetation Grass, ground cover and trees Ank=& None *e. Watermnum Flood control channel on Southwest side of property L Cultural/historicalrewarces None 9. Other 2. Environmental Setting — SwTounding Area a. Existing -- sm=ams (types, densities): R-1 (North side), proposed school site (Southeast across Diamond Bar Blvd.) and Commercial property (West) b. Topography/slopes Level residential pads *C. Vegetation Landscapi *d. Animals None *9. Watercourses —Cement lined flood control channel (Southwest side of property) E Cultural/historical resources None g. Other 3. Are them any major tmes on the site, including oak trees? Gi) NO If yes, " and number. 3 oak trees 4. Will any nattual Iwatercaursea, surface flow patterns, etc., be changed through project development?: YES ONO If yes, explain: * Answers are not required if the area does not contain natural, undeveloped land. S. . Grading: Will the project require VWigg? �) NO If yes, how many cubic yards? 5,000 yards �� Will it be balanced an site?lgO ) If not balanced, where will dirtbe obtained or deposita??? 6. Are theca any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES CNO) If yes, explain: 7. Is the property located within a high fire hazard area (iullsides with moderately dense vegetation)? YES CNO) Distance to naarest fun station: 1 mile 8. Noise: Existing noise sources at site: None Noise to be generated by project: Construction equipment 9. Fumes: Odors generated by project: None Could toxic foams be geaaated? No lo. What 9n=V-ooneerving daswa or material wM be, used? N/A May 8, 1995 Page 14 Planning Commission C/Fong suggested with respect to lots 3, 4 and 5 that the designer and consultants recheck their design on the shear keys. It appears that the geotechnical conditions on lots 3, 4 and 5 are -rather favorable and there is no need for a shear key as it is shown on the grading plan. He suggested the change is to not impact the adjacent existing groveof oak trees in the area. He stated it is a matter of changirig a few lines on the map. C/Schad called for the question. C/Fong recommended that the Hillside Management ordinance be implemented for this project. C/Fong recommended that the lots be staggered to have clear areas between the structures so a passerby or someone driving down the street -can see between the houses down to the open areas. Chair/Flamenbaum restated the motion. - The Planning Commission recommendsthat the City Council approve all the conditions as presented by staff and transmit all comments and recommendations stated at this meeting tonight. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: VC/Huff, Schad, Fong, Meyer, Chair/Flamenbaum NOES: COMMISSIONERS:. None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS:. None RECESS: Chair/Flamenbaum recessed the meeting at 9:17 p.m. RECONVENE: Chair/Flanenbaum reconvened the meeting at 9:27 p.m. CDD/DeStef ano introduced the new Assistant City Attorney, Mike Estrada, with the law firm of Richards, Watson & Gershon. NEW BUSINESS: 1. Conditional Use Permit No. 95-1 and Development Review No. 95- -1. A request to amend Conditional Use Permit No. 1634(1) in order to approve construction of a two story * sanctuary structure with a cellar and two temporary modular units; and to ensure compliance with applicable design standards. Property Location: 3255 S. Diamond Bar Boulevard, Diamond Bar May 8, 1995 Page 15 Planning Commission Property owner/Applicant: Evangelical Free Church of Diamond Bar, 3255 S. Diamond Bar Boulevard, Diamond Bar VC/Huff announced that he would. be recusing himself from this agenda item and left the dais. Ann Lungu stated the applicant is requesting approval to construct a two story sanctuary structure with a cellar and install two temporary modular classroom units. The modular units will be removed when the Certificate of occupancy is issued for the two story sanctuary structure. The applicant's request also includes lifting the time constraints and deleting irrelevant conditions of approval in the original Conditional Use Permit. The project site is a 2.37 acre triangular shaped lot. The project site is zoned R-1-7,500 and has a draft General Plan designation of Commercial (C) . Since this facility is located in a residential area, a Conditional Use Permit is required to insure that the development of this church is well integrated with the existing development in the area within the residential zone. The reason for the applicant's current *request is twofold. First, the applicant desires to lift the time constraints of the original Conditional Use Permit. Since the Council's approval for the extension of time, Phase II was completed. Consequently, it is reasonable to suggest that substantial construction and completion of the project has occurred. once substantial construction occurs within a grant's specified time limit, a grant is in full force and effect. Additionally, land use entitlements, which meet this requirement remain with the land. Therefore, the Commission could nullify the time constraint. The applicant wants the nullification in order to accumulate enough money to construct a debt free sanctuary structure. The applicant hopes to begin Phase III's construction at the end of 1997 or the beginning of 1998. Since the Applicant is applying for revisions to the original Conditional Use Permit grant by the County, staff feels it is appropriate to delete conditions of approval which are no longer relevant. These conditions restrict the construction of a tower and/or spire and limits evening activities to twice a week. The applicant is not applying for a tower or spire, so that condition is no longer applicable. In the evenings, the Church provides community services by allowing Cub Scouts and Alcoholics Anonymous meetings, as well as church activities. Therefore, it is not in the community's best interest to eliminate these services. May S. 1995 Page 16 Planning Commission In December 1994 the City Council approved on -street parking along southbound Diamond Bar Boulevard f r6m 100 f eet south of the curb return at Crooked Creek Drive to the northerly driveway of the project site. The permitted time for parking along Diamond Bar Boulevard is Sunday from 6:00 a.m. to lo:oo p.m. However, the on -street parking is only permitted until installation begins for double left turn/inter6ection modification on southbound Diamond Bar Boulevard at Brea Canyon Road. Presently, the project site maintains 41 on-site parking spaces, two of which are handicapped spaces. The code allows a ratio of one parking space for every five occupants based on the largest assembly area of the Church. The largest assembly area of the sanctuary structure will have an occupancy of 390 persons. Therefore, based on code, 78 parking spaces are required, two of„which are required to be handicapped spaces. I . AstP/Lungu pointed out the current plan which allows for 76 on-site parking spaces.- Compact parking spaces could be added to allow for the additional two on-site parking spaces needed to meet the code. The Fire Department is reviewing the proposed plans and their comments will be a requirement for this project. The parking lot construction causes the removal of three Aleppo Pine trees and one Canary Island Pine tree. The applicant is proposing to replace three of the four trees within the parking lot area. Proposed grading quantities for the sanctuary excavation for the cellar includes 2,960 cubic yards of soil. 172 cubic yards of the excavated soil will be deposited in the western portion of the parking lot. Exported soil quantities will be 2,788 cubic yards. Due to the expected excavation, the applicant is required to make an application for a grading permit and submit a grading plan prepared by a Civil Engineer for review and approval by the City.Engineer. An application for Development Review is required for this project because it is an institutional type use and the applicant is adding more, than 10,000 square feet to the existing structure. The proposed Project's development,standards comply with the City's development standards. The architectural style of the proposed sanctuary structure will match the existing structures on-site. The colors and material utilized will match the existing structures which have red tile roofs and off-white` colored Stucco As such, the proposed sanctuary May 0, 1995 Page 17 Planning Commission structure will be compatible with existing on-site structures and other structures in the area. The applicant is also requesting to install two -24 feet by 60 feet temporary modular classroom units to be utilized until construction of the sanctuary is completed. Before the issuance of the sanctuary's Certificate of Occupanoy, the temporary classroom units will be removed. In addition, the area will need to be paved to accommodate the temporary modular classroom units. Pursuant to the Development Review Ordinance, an application approved 'or conditionally approved automatically expires if not exercised within one year. However, the Planning Commission, subject to Appeal to the City Council, may extend any such approval for two successive periods not to exceed six months each. Since construction of the proposed sanctuary depends on the Church's financial status, staff recommends that the Commission consider granting a two year. Development Review approval. If construction does not begin within this two year period, and the design of the sanctuary structure is not altered substantially, staff recommends that the Commission require the applicant apply for an Administrative Development Review application to ensure compliance with current design standards and the Commission's approval. The environmental evaluation shows that the proposed project will not have a significant effect on the environment and a Negative Declaration has been 'prepared pursuant to the guidelines of the California Environmental Quality Act (CEQA). Staff recommends that the Planning Commission approval Conditional Use Permit No. 95-1, Development Review No. 95-1, and Negative Declaration No. 95-1, Findings of Fact, and conditions as listed within the resolution. Responding to Chair/Flamenbaum, AstP/Lungu stated that if the applicant does not exercise the CUP within two years the project will be referred back for Administrative Review. Staff is recommending that the time constraints be lifted. The applicant has made a substantial completion of the project and only one phase is left to be completed. the reason staff recommended Administrative Development Review is to assure that the applicant has complied with the conditions. Chair/Flamenbaum indicated , that the lifting, of time constraints appears to be granting the applicant special privileges that have not been granted to any other applicant in the . past. AstP/tungu responded that staff feels that the: May 8, 1995 Page 18 Planning Commission applicant has substantially complied with the CUP. This agenda item is an amendment to the original CUP approval. In response to Chair/Flamenbaum, AstP/Lungu indicated the proposed 78 on-site parking spaces complies with the code for a ratio of 1 parking space for every s occupants.* The sanctuary accommodates 390 occupants. Chair/Flakenbaum questioned whether the 78 spaces would be adequate. In addition, he indicated that the City has shied away from adding compact parking spaces. AstP/Lungu stated the applicant may be able to increase the parking area to accommodate the two additional required spaces to comply with the Code without adding compact parking spaces. CE/Myers responding to Chair/Flamenbaum stated he did not feel it was necessary to conduct a trafficstudy for this Conditional Use,Permit. AstP/Lungu responding to Chair/Flamenbaum stated she believes that the Church has had conversations regarding parking with the owner of the adjacent commercial property located across the flood channel. At this time, she indicated she is not aware of any agreement for parking. C/Schad commented that he believes in extending the time for the applicant since they have made a good faith attempt to comply with the Conditional Use Permit. He suggested the mesa area could be "stepped" for future parking. He indicated that some of the older pines along the storm drain may represent resent a hazard and may need to be removed. He cited the historical value of the property in the knoll area and suggested that the applicant should consult with,the City's historical group to see if there is anything on the property that should be preserved prior to further construction. He stated that the trash on the northwest corner of the property adjacent to the residences should be removed without cost to the Church. C/Schad suggested a northerly left turn lane from the Church property. Chair/Flamenbaum declared the 'public hearing open and requested that those in opposition to the project approach the podium. Larry Fry, 3155 Cherrydale Drive, stated he has been a resident of Diamond Bar for 21 years and has lived on Cherrydale Drive for 11 years. He indicated he does not oppose the Church. However, he does have a concern about the knoll area and the trees which are situated on the site of the original Diamond Bar Ranch ranch house. If the trees are taken out, they cannot be replaced in kind. In addition, red May 8, 1995 Page 19 Planning Commission tailed hawks live in the trees. He suggested the area that is proposed to be used for office space by the Church could be converted to classrooms and sublease office space in another location. Responding to C/Meyer, Mr. Fry stated he has no problem with removing the night meeting restriction. He indicated. -he has no problem with the bell tower as long as it is not used in the night hours. He further stated- that he has no problem with the sanctuary. His only concern is the knoll area. Ronald Jung, 3163 Cherrydale Drive, stated he has been a resident of the area since 1981. He indicated that when he bought his property in Diamond Bar he was told by the developer that the area was protected and the trees would remain along with the country feel. He further stated he is not opposed to building of the sanctuary but he is totally against any building on the knoll area. In response to C/Meyer, Mr. Jung stated he is opposed to lifting the restriction on the evening meetings and on the bell tower. Nora Jean Jung,.3163 Cherrydale Drive'stated she would have a problem with meetings five nights a week and she . is opposed to the spires. She further stated she is concerned with the wildlife that live on the knoll and she is opposed to any building on the knoll area. Christine Fry, 3155 Cherrydale Drive, stated that she is surprised that the staff report does not include a negative environmental impact. She indicated she is very concerned with the wildlife in the knoll area and is opposed to any building in that location. She further stated she has no problem with evening Church meetings and she has no problem with a spire/tower for the sanctuary. Seeing no one else who wished to speak in opposition to the project, Chair/Flamenbaun invited the proponents to speak. Mark Hopper, Pastor, Evangelical Free Church of Diamond Bar, 32555. Diamond Bar Boulevard, referred the Commission to the original site plan for the project adopted under the Conditional Use Permit which included a two-story building in the knoll area. The original building was completed in 1983. In 1990 the Church received a five year extension and since the building has not been completed, an extension is being requested at this time. He indicated that approximately $100,000 building funds have been raised and with the estimated cost to be in excess of $11000l000, there are insufficient funds to complete construction. Pastor Hopper May 8, 1995 Page 20 Planning Commission stressed that the Church has a desire to develop the grassy knoll and that this ' should be reflected in the staff's report. He asked that the addendum to the staff report be changed to read as follows: "In the event that future expansion of the Church facilities into the knoll is needed, the applicant shall protect and preserve and/or relocate and replace ... if He stated that the building for the knoll has been -reduced from two-story to one story which would be approximately the height of a residence. He further stated the Church would be willing to help grade down the knoll to reduce the nuisance and visibility, whether for building or for the parking. In addition, most of the trees are located on the perimeter of the knoll area and would not be disturbed. The two or three trees that would be disturbed would be replaced by the Church. C/Fong suggested that the proposed knoll area classroom structure could, be redesigned to be built into the hill to preserve the terrain and aesthetic value for the adjacent residents. Ron Clark, 20940 Ambusher Street, requested that the Planning Commission favorably consider the recommendation by staff. Pamela Watkins, resident of Pomona and Church attendee, cited numerous Church sponsored programs which impact the facility. She stated the Church is currently renting space at a facility on the opposite side of Brea Canyon Road to accommodate the overflow. Al Smith, Church Elder, emphasized the importance of providing facilities for the youth of Diamond Bar. Michael -Beard, Associate Pastor, Evangelical Free Church of Diamond Bar, stated there are no written agreements for parking at neighboring locations. Mr. Fung entered photographs of the project site into the record. Jim Thayer, Architect for the Church, indicated the majority of trees at the site would be preserved. He stated the 5 to 1 ratio for parking appears to be inadequate and the ratio is closer to 3 1/2 to 1. Larry Fry stated that, in his opinion, the restriction originally imposed by the County should remain on the project and that the Commission should consider restricting further building in consideration of the areas adjacent to the project Site--- May 8, 1995 Page 21 Planning Commission Responding to Mr. Fry, Pastor Hopper stated that the Church has needs and that they are attempting to move forward in a responsible mannert..with due consideration to the neighbors. Chair/Flamenbaum declared the public hearing closed. A. motion was made by C/Meyer and seconded by Chair/Flamenbaum to direct staff to prepare a Resolution of Approval for Conditional Use Permit No. 95-1 and Development Review No. 95- 1 which prohibits development on the grassy knoll, removes the time constraints of. the original Conditional Use Permit, removes the spire constraint, and removes the restrictions on evening meetings. The motion was approved 4-1 with the following roll call: AYES: COMMISSIONERS: Meyer, Chair/Flamenbaum, 4,1 Fong, Schad NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Huff ABSENT: COMMISSIONERS: None VC/Huff returned to the dais. RECESS: Chair/Flamenbaum recessed the meeting at 11:05 p.m. RECONVENE: Chair/Flamenbaum reconvened the meeting at 11:10 p.m. 2. Tentative Parcel Map No. 23382, Conditional Use Permit No. 92- 1, and Oak Tree Permit No. 95-2. A request to subdivide one parcel into four residential lots. Property Location: 3000 Block (north side) of Steeplechase Lane, Diamond Bar Property Owner: Dolezal Family Limited Partnership, 4251 251 S. Higuera Street, San Luis Obispo, CA 93401 Applicant: Warren Dolezal, 4251 S. Higuera Street, San Luis Obispo, CA 93401 Applicant's Agent: Hunsaker and Associates, 10179 Huennekens Street, San Diego, CA 92121 CDD/DeStef ano stated that staff has provided the Planning Commission with an extensive package on this item including a lengthy staff report, environmental documentation, mitigation monitoring program as part of the negative declaration, maps, etc. This is an application for a four lot subdivision behind the gates of "The Country Estates" located on a 2.55 acre site May 8, 1995 Page 22 Planning Commission directly across the street from the JCC project discussed earlier this evening. The four proposed lots range in size from about 24,000 gross square feet to a little more than 39,000 gross square feet. The pad sizes range from about 5,600 square feet to about 6,500 square feet. The zoning for the property is R -1-8j000. Therefore, the proposal is consistent with the zoning. The project is consistent with the draft General Plan which permits UP to three dwelling units per acre. The project requires a Conditional Use Permit because it is within a Hillside Management area and technically within a significant ecological area. An Oak Tree Permit is required because there is one existing oak tree on site which is set aside and designated for preservation. The property has smaller pads than some of the adjacent properties, the purpose of which is to serve as starter pads for future development for homes ranging in size from 4,000 to 8,000 square feet and to attempt to comply with the Hillside Management ordinance guidelines. The units would be consistent with that which has been and is being developed in "The Country Estates". The property is technically incorporated orated within the Significant Ecological Area (SEA) No. 15. 'However, there is only one oak tree in the area., The property has been disked over the last 20 years. It is essentially a remanent piece from the Las Brisas Condominium project which was built several years ago. The old SEA boundary generally ran along the ridgeline. This property, according to the graphic that.was provided to the City upon incorporation, indicates the property is included within the SEA. The City hired a biologist and environmental consultant to look at the property and, through this process, confirmed staff's suspicion that the property should no longer be considered a part of the SEA as it has none of the qualities for which the SEA was originally created. Approximately 185 property owners surrounding the site have been notified through the public hearing notification process. Staff requests that the Planning Commission recommend approval and forward the application to the City Council for approval of Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, oak Tree Permit No. 95-2, and the Mitigated Negative Declaration No. 95-2. Responding to Chair/Flamenbaum, CDD/DeStefano I stated' "The Country Estates" has no interest in a third gate (Hawkwood Road and Steeplechase Lane). Hawkwood Road homeowners are not interested in the additional traffic that a third gate at that location might create. The third gate does provide an appropriate location for an n "emergency only" access point. May 22, 1995 Page 3 Planning Commission Chair/Flamenbaum stated that he believes the minutes accurately portray what the motion was and what the Commission voted on. He indicated the recording secretary could also review this area of the tape. The minutes have to speak for themselves. C/Meyer stated the minutes reflect the true content of the motion. He reiterated that his intent was to prohibit development on the grassy knoll. g A motion was made by C/Meyer and seconded by C/Schad to table the approval of the Planning Commission minutes for May 8, 1995 to the June 12, 1995 meeting. The motion was approved 4-1 with the following roll call: AYES: COMMISSIONERS: Meyer,. Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Huff ABSENT: COMMISSIONERS: None 2. Resolution No. 95-06: A resolution of the Planning Commission of the City of Diamond Bar approving Conditional Use Permit No. 95-1, Development Review No. 95-1, and Negative Declaration No. 95-1 which is a request to construct a two story sanctuary structure with a cellar and install two temporary,. modular classroom units and repealing Conditional Use Permit No. 1634(1) for a church facility located at 3255 South Diamond Bar Boulevard (Tract 33417, Lot i9)'. VC/Huff recused himself from this agenda item and left the dais. A motion was made by C/Meyer and seconded by Chair/Flamenbaum to adopt Resolution No. 95-06. Chair/Flamenbaum Stated his understanding of the government code is that the word "prohibit" or words to that effect do not preclude an applicant from applying for a new and/or revised Conditional Use Permit at a later date. AP/Searcy concurred that under Title 22, the Conditional Use Permit addresses bringing back projects that are substantially different from a project for which the Commission has taken action. Chair/Flamenbaum continued that it was the intent of the Planning Commission to absolutely deny building on the grassy knoll at this time. Pursuant to funding available to the applicant, there was no idea as to when such building might occur. The Commission did not believe it was in the City's best interest to approve a structure that would Iappreciably impact the. surrounding community without knowing more about it. The Commission was May 22, 1995 Page 4 Planning Commission concerned with the issue of parking, as well as the improvements scheduled for Brea Canyon Road and Diamond Bar Boulevard. If and when the applicant wishes to make new or revised application the Planning Commission will then make the appropriate determinations. Responding to Mr. Hopper, C/Meyer stated it was his intent to prohibit development on the grassy knoll as an entitlement of the conditional.use Permit, to,eliminate the prohibition against spires on buildings on the site, and to eliminate the time constraints relative to evening meetings. At issue with building on the grassy knoll is that the designs are not in keeping with good land use standards. There was testimony indicating the grassy knoll is a habitat of endangered 'species which the environmental review did not reflect. In addition, there was testimony indicating that the knoll is an historical site. He further stated that there should be no *mistake that his recommendation for the preparation of this resolution was to prohibit development on the grassy knoll. As the Planning Commission has reviewed and modified conditions placed on the property by Los Angeles County he indicated he would expect future Planning commissions to consider the information provided by -the applicant for future development on the grassy knoll. He stated that it was his intent that if the applicant wished to develop the grassy knoll area, an amendment would be made to the Conditional Use Permit for con , sideration by the Planning Commission and the City Council at a future date. The plans that were submitted by the applicant have significant impacts on the surrounding development. Mr.. Hopper responded to Chair/Flamenbaum that he would need to go to his board of directors for direction on whether to continue with the matter or withdraw the application. He requested a continuance. AP/Searcy admonished the applicant to be aware that this application was brought before the Planning Commission in order to lift a condition of approval that terminated the Conditional Use Permit in November, 1995. If action is not taken by that, time, the CUP will terminate and no additional development under that Conditional Use Permit would be permitted. In addition, no action taken by the Planning Commission relieves the due process procedure that is provided under the code. Due process for requesting any change at an additional time is always present. It is not precluded by any element of this Resolution. Responding to Chair/Flanenbaum, Mr. Hopper stated that the Resolution should be adopted if it is understood by May 22, 1995 Page 5 Planning Commission the City that the applicant has the right to return to the Planning Commission with an amended plan for the unused portion of land. AP/Searcy stated that this is guaranteed under Title 22. In addition, comments put forth this evening are recorded in the meeting minutes and become a,matter of public record. The motion to approve Resolution No. 95-06 was approved 4-1 with the following roll call: r. AYES: COMMISSIONERS: M e y e r Chair/Flamenbaum, Schad, Fong NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Huff ABSENT: COMMISSIONERS: None VC/Huff returned to the dais. CONTINUED PUBLIC HEJLRING: 1. Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2. TPM No. 23382 (pursuant to Code Section 21.24) is a request to subdivide a 2.55 gross acre parcel into four residential lots ranging, from .55 acres to .90 acres. The tentative map also includes the following: Conditional Use Permit No. 92-1 (pursuant to Code Section 22.56.215 and the Hillside Management Ordinance No. 7 (1992)) which is required to protect resources contained in a significant ecological area and for hillside management in areas where grades are in excess of ten percent; and Oak Tree Permit No. 95-2 (pursuant to Code Section 22.56, Part 16) which is required to preserve and protect an existing oak tree. Applicant: Hunsaker and Associate Inc., 10179 Hunnekens Street, San Diego, CA 92121 Property Owner: Warren Dolezal, 4251 South Higuera Street, San Luis Obispo, CA 93401 Property Address: . 30.00 block. (North side) of Steeplechase Lane between Hawkwood Road and Wagon Train Lane, Diamond Bar Lex Williman, Planning Director, Hunsaker and Associates, Inc., stated the purpose of the starter pads is to meet the intent of the Hillside management Ordinance. He pointed out a clarification of proposed development standards, Exhibit "B", for Parcel Map No. 23382. A 40 foot rear building setback is proposed for each lot. The May 22, 1995 Page 6 Planning Commission intent is to have the units step down the pad to overcome the massing issue. The maximum massing is 35 feet. Condition #17, relating to the cul-de-sac extension off of Hawkwood Road is an issue for the applicant. There is no opposition to putting in the knuckle and the appropriate improvements. However, the applicant does oppose having the cul-de-sac with the knuckle. we would ask that the Planning Commission approve, as an option: the knuckle; eliminate the standard cul-de-sac; include a turn -around with a gated private driveway access; and retain the required emergency access to the Las Brisas Condominium project. Responding to Chair/Flamenbaum, Mr. Williman stated Hawkwood Road specifically services four units. The concern is that a public facility is being built in a private area since Steeplechase Lane at Hawkwood Road becomes "The Country Estates". Since "The Country Estates" is a gated community, this junction was intended to be gated for emergency access purposes only and not to provide public access. There are some technical concerns with this approach. As a result of a profile for Steeplechase Lane, a water line was installed on Hawkwood Road with a turn into Steeplechase Lane to Wagon Train Lane. The Hawkwood Road grade up from Steeplechase Lane is approximately 12 percent. A typical maximum grade for a cul-de-sac is 5 percent and he indicated his firm likes to design to a maximum of 2 or 3 'percent. In order to accommodate a cul-de-sac, a severe cut would have to be made at the end of Hawkwood Road to lower the grade. The applicant's approach would be to use materials for the gate similar to the existing main gate for "The Country Estates" and used for emergency access only and not for through traffic. In accordance with the wishes of the residents, there will be no public access to "The Country Estates". The applicant feels a public access at this location would be very inappropriate. Responding to C/Meyer, CE/Myers stated he reviewed the proposed modifications to the street improvements. A specific condition of approval by the Planning Commission of Vesting Tentative Map No. 47850, which is located across Hawkwood Road from the subject property, stated that Steeplechase Lane shall be knuckled and Hawkwood Road -shall be cul-de-saced to City standards. Staff and the applicant have made this an issue in order to have the issue clarified by the'City Council. The condition in VTM No 47850 does not say "to the satisfaction of the City Engineer". In his opinion, it is a stark and clearly worded condition. Therefore, he indicated he is interested in clarification at this point in time. In this instance, no property frontage will be taken. Typical backing distance for firefighting vehicles is 150 [4 * 4 0 wa • 0 0 0) I 3j Z 1 D),313J Q1 y j to NEGATIVE DECLARATION NO. 95-1 'i for CONDITIONAL USE PERMIT NO. 95-1(1) VARIANCE NO. 99-8 AND TREE PERMIT NO. 99-2 Evangelical Free Church 3255 South Diamond Bar Boulevard DIAMOND BAR, COUNTY OF LOS ANGELES, CA 91765 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) September 20, 1999 AMENDMENT RR NEGATIVE DECLARATION 95-1 Project Description and Location 0 •1i I Nil JL7 Frei if, I As 0 , k rJ1 pus q "i 'A 10 V V F41 W11 It NJ 1111M Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of five parts: Part 1 Background Part 1 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts PART I -BACKGROUND 1. City Project Number: Conditional Use Permit No. 95-1(1)/Variance No. 99-8/Tree Permit No. 99-2 2. Project Address/Location: 3255 South Diamond Bar Boulevard (Tract No. 33417, Lot 19), Diamond Bar, CA 91765 3. Date of Environmental Information Form submittal: September 9, 1999 4. Applicant: Evangelical Free Church Address: 3255 South Diamond Bar Boulevard City/State: Diamond Bar, CA 91765 5. Property Owner: Evangelical Free Church Address: 3255 South Diamond Bar Boulevard City/State/Zip: Diamond Bar, CA 91765 Phone: (909) 594-7604 Fax: N/A 6. Lead Agency: City of Diamond Bar Contact: Ann J. Lungu, Associate Planner Address: 21660 E. Copley Drive, Suite 190 City/State/Zip: Diamond Bar, CA 91765 Phone: (909) 396-5676 Fax: (909) 861-3117 7. General Plan Designation: Low -Medium Residential - RLM (max. 5 du/acre) 8. Zoning: Low -Medium Residential (RLM) 9. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). This document is an amendment to Negative Declaration No. 95-1 related to a project approved by the Planning Commission on May 22, 1995. The amendment is necessary due to the applicant's' -request to revise the approved project. The original approval allows an existing church facility to construct a two-story sanctuary structure with a cellar, two temporary modular classroom units and 35 parking stalls. The temporary modular classroom units have been installed and currently are in the process of being removed and the sanctuary is under construction. Aside from the current construction, the site is developed with a 4,524 square foot one-story structure utilized as a sanctuary; a 3,200 square foot two-story structure utilized as classrooms; a playground area; and a parking area with 41 on-site parking stalls. With the approval of Conditional Use Permit No. 95- 1, existing conditions and the removal of the temporary module units, the project site will contain 76 parking stalls. Currently, the City is allowing temporary street parking on Wednesdays between 8:30 a. m. and 12:30 p.m. and 6:45 p.m. and 9:45 p.m. on southbound Diamond Bar Boulevard between 100 feet south of Crooked Creek Drive and the northerly drive approach of the church facility up to March 2000. Additionally, street parking is allowed on the same area of Diamond Bar Boulevard on Sundays from 6:00 a.m. to 10:00 p.m. Conditional Use Permit No. 95-1 (1) is a request to revise the number of parking stalls. The request, if approved, will cause the addition of approximately 35 parldng stalls at the property rear. As a result, the project site will contain 116 parking stalls. On November 3, 1999, the City adopted its Development Code that became effective on December 3, 1999. The new Code changes the required dimensions of parking stalls. In order to be consistent with the original approval, the processing of Variance No. 99-5 is required for deviating from the Code prescribed parking stall dimensions. In order to add 35 parking stalls, it is likely, according to the application, four oak trees will be removed. Pursuant to the City's Development Code, an oak tree removed shall be replaced at a 3:1 ratio, minimum 24 -inch box and located on-site when feasible. If it is not feasible to locate all oak trees on site, it is possible to utilize an off-site location or monetarily contribute to the City's Tree Replacement Fund. Hence, the requirement for Tree Permit No. 99-2. 10. Surrounding Land Uses and Setting. Briefly describe the project's surroundings: To the north and east of the project site is the Low -Medium Residential (RLM) Zone. South of the project site and on the south side of Diamond Bar Boulevard is the Low Density Residential (RL) Zone that incorporates "Site D" which is owned by the Walnut Valley Unified School District. To the west is the Neighborhood Commercial (CPD/C-1) Zone, which contains commercial/retail strip malls. 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): No other public agency approvals are required. 12. List City of Diamond Bar related applications for this project that must be processed simultaneously: Conditional Use Permit No. 95-1(1), Variance No. 99-5, and Tree Permit No. 99-2 13. List prior projects for this parcel: Conditional Use Permit No. 1634-1 processed by Los Angeles County in order build this church facility in phases; Conditional Use Permit No. 95-1 and Development Review No. 95-1 processed by the City of Diamond Bar to amend the County's original approval and install two temporary modular classrooms. 4 rf f e+J { +i 66 % Li In [� .•y, p 4 /' ,� fr aJf {: ' 7 � `, °+, t Z rr { � 2 W n n, '^ �^ n w. •q � « 1a rJ, N E J ff, f rr t l '� 1M,18•t ,4 n Y ..• .` Nh i, n n ♦,, O i ^lb t +r fa f a r { ra S ry � f r s6 2 t N ... n n u• •a q b a. ^ fr t. 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F.. fr a Jd ♦ °r C/ / r rr �'� P / fI �•{� ra♦ d ti'O t 8 •+•� AS Mpr 3b/J M° j 3b/.s V FA to NEGATIVE DECLARATION 95-1 Initial Study (Environmental Information and Environmental Checklist) PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning 9. Hazards 2. Population and Housing 10. Noise 3. Geologic Problems 11. Public Services 4. Water 12. Utilities & Service Systems 5. Air Quality 13. Aesthetics 6. Transportation/ Circulation 14. Cultural Resources 7. Biological Resources 15. Recreation - 8. Energy & Mineral 16. Mandatory Findings Resources of Significance Il PART 3 - DETERAHNATION Project Number: CUP 95-1(1)/VAR 99-8/TP99-2 To be completed by Lead Agency On the basis of this initial evaluation: I find that the proposed project revision COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X Z I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES + described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have significant effect on the environment, and ' an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it. must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Ann J. Lungu 5 September 20, 1999 Date ENVIRONMENTAL ISSUES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact d. Landslides? Source #s: General Plan, p. IV -3, Fig. IV -1; MEA, p. II -B-3, Fig. H- B -2; State of California Seismic Hazard Zones, 8/17/98; Soils Report -2/15/99 -All West Geoscience Inc.; e. Substantial soil erosion or the loss of top soil? Source #s: General Plan, p. IV -3, Fig. IV -1; Project application/plans; — — — Soils Report -2/15/99 - All West Geoscience Inc.; f. A geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in on -or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? — — — Source #s: MEA, p. II -B-16; Project application/plans; Soils Report -2/15/99 -All West Geoscience; g. Expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? Source #s: MEA, p. H -B-16; Proiect application/plans: Soils 0 No Impact 94 Report -2/15/99 - All West Geoscience Inc.; a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: City of Diamond Bar Public Works/Engineering Division; Soils Report -2/15/99 - All West Geoscience Inc.; b. Exposure of people or property to water related hazards such as flooding? Source #s: General Plan, p. IV -4 Fig. IV -2; Fema Flood Panel No. 0650430980 B, Zone C, 12/2/80 e. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Source #s: MEA, p. II -C-3, & 4, Fig. H -C-1; Project application/ plans; f. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Source #s: MEA, p. II -C-3, 4, Fig. H -C-1; Project application/plans; 7 X 91 F/ X g. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Source #s: City of Diamond Bar Public Works/Engineering Division; Project application/plans; i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source #s: MEA, p. 11-P-3-8; project application plans; a. Conflict with or obstruct the implementation of the applicable air quality plan? Source #s: SCAQMD Air Quality Handbook; C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Source #s: SCAQMD Air Quality Handbook; Project application/plans; M. EM ENVIRONMENTAL ISSUES Potentially Significant Potentially Unless Less_ Than Significant Mitigation Significant No Impact Incorporated Impact Impact e a. An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) Source #s: Project application/plans; b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm x equipment)? _ — — Source #s: City's Public Works/Engineering Division; project application/plans C. Inadequate emergency access? Source #s: Multihazard Functional Plan, City of x Diamond Bar, 1992; General Plan, p. V-1; — — — project application/plans d. Inadequate parking capacity on-site? Source #s: City of Diamond Bar Development x Code, Title 22, p. III -91 et seq.; project — — — application/plans; e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads and highways? Source #s: City's Public Works/Engineering Division; Ordinance No. 01 (1993) Congestion Management Plan; N f. Conflict with adopted policies, plans, or programs supporting alternative transportation transportation (e.g. bus turnouts, bicycle racks)? Source #s: General Plan, p. V-22; Ordinance No. 01 (1993) Congestion Management Plan g. Change in rail, water, or air traffic patterns, including either and increase in traffic levels or a change in location that results in substantial safety risk? Source #s: MEA, p. II -T-36; project application/plans; a. Substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plan, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: MEA, p. II -D-1-8; General Plan, p. III -11; project application/plans; arborist report prepared by Pilkerton Consultants, Inc. dated 9/13/99; site visit; C. A conflict with any local policies' or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Source #s: MEA, p. II -D-1-8; General Plan, p. III -11; City of Diamond Bar Development Code, Title 22, p. III -149-150; arborist report prepared by Pilkerton Consultants, Inc. dated 9/13/99; site visit; M No Im d. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, _ _ _ x regional or state habitat conservation plan? Source #s: General Plan . v. I-15-16. v. III -11: 10 MEA, p. H -D-1-8; City of Diamond Bar Development Code, Title 22, p. IlI-149-150; arborist report prepared by Pilkerton Consultants, Inc. dated 9/13/99; site visit; e. Substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impedes the use of native wildlife nursery sites? Source #s: MEA, p. II -D-1-8 & 18 f. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh vernal pool, coastal, etc.) through direct removal, filling, hydrology, interruption, or other means? Source #s: General Plan, Strategies 1.1.13 (III - 11), 1.2.1, 1.2.2, 1.2.3, & 1. 2.5 (III -11 & 12); a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Source #s: General Plan, p. III -10; arborist report prepared by Pilkerton Consultants, Inc. dated 9/13/99; site visit; b. Substantially degrade the existing visual character or quality of the site and its surroundings? Source #s: General Plan, p. III -10; City of Diamond Bar's Development Code, p. III -20; City Design Guidelines, pages 32 thru 39; C. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: City of Diamond Bar's Development Code, P. III -7 & III -108; prosect 11 O M EM application/plans; a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of. California history or pre -history? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? C. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the affects of probable future projects) d. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 12 _ x C OM x Rro Environmental Finding PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS Discussions within each section may be grouped. 3. GEOLOGICAL PROBLEMS d. thru g. The project request, as proposed, consists of cutting into the knoll requiring 5,250 cubic yards of cut grading with approximately 30 cubic yards of fill and approximktely 20 cubic yards of shrinkage. The project site is developed with a church facility. The church facility is currently constructing a main sanctuary. The application request is to add approximately 34 additional parking stalls to the provided 76 parking stalls hence the proposed earthwork. As soils report has been prepared and approved for the current construction. Before, the issuance of any permits for the installation of additional parking stalls, the applicant is required to update and re-evaluation the soils report addressing the application request. The update will require the City's review and approval. The applicant will be required to comply with the appropriate recommendations within the update. As deemed"appropriate by the City Engineer, erosion control will be utilized. 4. HYDROLOGY AND WATER a., b., e., f. The addition of 34 parking stall and approximately 11,000 square feet of black top will reduce pervious surfaces. The project site has an approved drainage plan. The applicant will be required to update the drainage plan incorporating the additional parking stalls. The drainage plan will be review and approved by the City before the issuance of any City permits. The project site is not in a flood hazard area. A flood control channel exists adjacent to the project site. Pursuant to the City's Public Works Division, it is not anticipated that the addition of 34 parking stall will exposed people or property to water related flood hazards. There is no body of surface water on; or in the vicinity of the project site. Therefore, no impacts related to surface water features, quality or flow will affect the project site. Additionally, it is not anticipated that the addition of 34 parking stalls will substantially alter the existing drainage pattern of the site, or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site. 13 5. AIR QUALITY a., c. Pursuant to the South Coast Air Quality Management District's Air Quality Handbook, Table A9-9 Estimating PM10 Emissions From Fugitive Dust, grading one acre will create 26.4 pounds per date of fugitive dust. The maximum allowed per day is 150 pounds. The addition of 34 parking stalls is approximately 11,400 square feet, less than a quarter of an acre. Therefore, the application request will not impact the PM10 emissions. 6. TRANSPORTATION/CIRCULATION a. thru g. The proposed request is to add approximately 35 parking stalls to an approved project under construction. It is not anticipated that the additional .parking stalls will increase vehicle trips, which would be substantial in relation to the existing traffic load and street system capacity. The original project approval based the required number of parking stalls on building occupancy. The building occupancy is not increased. The request is due to the church's desire to provide additional on-site parking and not due to enlarging the approved buildings' occupancy. Currently, street parking is allowed on Diamond Bar Boulevard as described on page 2, Item Number 9 - Description of the Project. It is anticipated that the additional parking stalls will alleviate the need for street parking. The project, as a whole, does not meet the applicability requirement for compliance with the City's Trip Reduction and Travel Demand Measures. The City's Public Works/Engineering Division has reviewed the additional parking stalls' design. The Los Angeles County Fire Department has reviewed the whole project. The project complies with the Fire Department's standards and will continue to comply with such standards. Furthermore, the request for additionally parking stalls located in the rear of the project site will not affect access points or hinder on-site traffic circulation. 7. BIOLOGICAL RESOURCES a. thru f. The project site is currently development with a church facility that was approved by Los Angeles County Regional Planning in November 1980. The approval allowed the church facility to be constructed in three phases. Currently, the third phase is being constructed. The project site is within an urbanized area surrounded by commercial/retail and residential development. As a result, it is not anticipated that a substantial adverse effect will occur on any identified sensitive or special status species in a local or regional plan, 14 or by the California Department of Fish and Game or U.S. Fish and Wildlife Services. Additionally, it is not anticipated that the proposed project revision will substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridor, or impede the use of native wildlife nursery sites. Considering the project location, it is not anticipated that proposed project revision will have a substantial effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. The City of Diamond Bar's Development Code requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow and naturalized California Pepper. Said species with a diameter at breast height (DBH) of eight inches or greater is protect by Code. The request for approximately 35 additional parking spaces will expand the approved parking lot into a grassy knoll with in the rear of the project site. According to the project application and arborist report, the grassy knoll where the parking lot expansion is proposed contains four Coast Live Oak trees with DBH at approximately 11, 12.75, 15, and 22 inches and one California Pepper tree approximately 12 inches at DBH. The applicant proposes to remove the four Coast Live Oak trees and does not reference the California Pepper tree within their application. However, the applicant may not have realized that the California Pepper tree was one of the protective trees species, which was, add to the City's Development Code adopted November 3, 1999 and effective December 3, 1999. According to the arborist report, the California Pepper tree, not clearly shown on the site plan, is located northwest of the Coast Live Oak trees. This tree has been impacted and damaged beyond restoration. The four Coast Live Oak trees are in good health. Although the applicant is requesting to remove the four Oak trees, the arborist report indicates that only the 22 inch at DHB Oak tree will need to be removed as it is located within the proposed parking area. The arborist indicates that the three remaining Coast Live Oak trees should be protected during construction. Pursuant to Code, the applicant will be required to protect said trees by enclosing the trees with a five-foot high chain link fencing. Fencing is required to be located five feet outside the trees' drip line. Said fencing shall be installed prior to commencing work and remain until final inspection is obtained. 13. AESTHETICS a. thru c. Along with the request to add approximately 35 parking stalls, parking lot lighting is required. Pursuant to the City's Development Code, it will be required that the applicant install parking lot lighting capable of providing adequate illumination for security and safety. A minimum of one footcandle of illumination shall be maintained at the parking 15 r surface throughout the parking area. Lighting shall be on a time clock or photo sensor system. All lighting shall be designed to confine direct rays to the property. No spillover beyond the property line shall be permitted. Furthermore, a portion of the grassy knoll will remain as a buffer to residential property adjacent to the project site's north property line. Pursuant to the arborist report and the City's Development Code, the applicant will be required to replace the 22 inch DBH Coast Live Oak tree and the 12 inch DBH California Pepper tree at a 3:1 ratio, each a minimum box size of 24 inches. As a result, the applicant shall plant a total of six trees. As suggested by the arborist, said' replacement trees shall be planted near the northerly property, thereby enhancing the buffer area on the project site, which is adjacent to the residences. Additionally, the replacement trees will be maintained as prescribed by the arborist. S -:4,V Pro w w U U a a a O a a a QV O ti U 0�0 N N 00 �r U N O� 00r- eq O Ih N N N N En rn A N O� 3 M rn b x x Ll 11 Ate' Ate' A a Pro w w U U a a O ZW QV ti 0�0 N N d A Pro 0-4 0 w x U O z x x U w u a w ' � U w z a o vi C7 C7 a a C7 H O C7 C7 cn W A W U rn W W W a a ocn a o w A c� U ° � � � 98en N� O w • A ,U � 03 A N N N N eq U i acn iD o CO !r � rx a° b b z0006 a ts, ✓� Q 0 H CA 2 cn 1 �5 Qw ow w V c7 rn 5 ' .5 U o (x� w x a� v�`n 0 w x U O z x x U w u a w VOLUNTARY REQUEST To ADDRESS THE PLANNING COMMISSION AGENDA ITEM SUBJECT: TO: 'Planning Commission Secretary DATE.: FROM: ADDRESS: ORGANIZATION: SUBJECT: I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. 8ign�ture- NOTE: All persons may attend meetings and address the Planning Commission. T f r�is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the on-nortunitv and to ensure correct spelling of names in the Minutes. - - "VOLUNTARY RF -QUEST TO ADDRjrSS TM PLANNING. COMMISSION (7 0 J, AGENDA ITEM E L LecZ'rr.�,mr SUBJECT: TO: Planning Commission Secretary FROM: lot (/t of W -e-- -5— ADDRESS: ORGANIZATION: SUBJECT: T,, DATE: L b2f I would like to address the Planning Comm* ission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE : All persons may attend meetings and address the Planning Commission. This that allto* f I orm is to assist the Chairman in ensuring *t persons Wishing I addre�s the* Commissioni willended have the opportunity and to ensure correct spelling Of names in'the Minutes. AGENDA ITEM .. � V ; --��Irj-11-1 - Ingill kvj I LVA f� I NOTE: Signature All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will - have the opportunity and to I ensure, correct spelling of names in the Minutes.. 16 WIAN TS 9 AGENDA ITEM * SUBJECT: VOLUNTARY BEQUEST TO ADDRESS 1 PZA1Vi�17IC�l+t,lvuvuaiirl� AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary DATE: FROM: ORGANIZATION: SUBJECT: G IVP . I would like to address the Planning Commission on the above .stated item. Please have the Commission Minutes reflect my name and address as printed above. 19u,n Cqature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to. assist the Chairman in ensuring that all persons wishing to address the. Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary DATE: FROM: ADDRESS: 11i 7 c.44 ► ORGANIZATION: /y SUBJECT: Ct, I would like to address the Planning Commission on the above stated item:. Please have the Commission Minutes reflect my name and address as printed above. Signature.. r' NOTE:. All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA HEM* SUBJECT:rF�,.. �. TO: Planning Commission Secretary DATE: F �7" FROM: ADDRESS: T" ORGANIZATION: ,.: SUBJECT:` I would like to address the Planning Commission on the above stated item. Please.have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. 111 F I 1 111 � '11,111 11111111 K#Ikvj• AGENDA ITEM SUBJECT: b 7). TO: Planning Commission Secretary,., DATE: A E) FROM: ADDRESS: ORGANIZATION: Q 611 SUBJECT: i 66' I would like to address the Planning Commission on the above'stated item. :Please have the Commission Minutes reflect my name e and address as printed above. Signa e NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chau -man m. ensuring that all persons wishing to address the Commission will. correct spelling of names in the Minutes. have the opportunity and to ensure VOLUNTARY REQUEST TO ADDRESS TBE PLANNING COMMISSION AGENDA ITEM SUBJECT: TO: Planning Commission SecretaryM. . R A C M G :'I?A- 7T DATE: ' r i:j, 7�- ADDRESS: C 1,4. J 7T f'z 1110 ORGANIZATION. SUBJECT: On IWou Id like to address the Planning Commission on the above'stated item.: Please have the Commission Minutes reflect my name and address as printed above. - .Signature d NOTE: All persons may attend meetings and address the planning Commission. This form is intended to assist the Chairman in ensuring that all persong wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary .91 �"r , T� DATE: e G-rz i4 ADDRESS: ORGANIZATION: SUBJECT: I would like to address the Planning Commission, on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature , NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity*and to ensure correct spelling of names in the Minutes: VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA rMM * SUBJECT: TO: Planning Commission Secretary DATE: / `7 VOLUNTARY REQUEST TO ADDRESS T E PLANNING COMIVUSSION AGENDA ITEM SUBJECT: TO: Planning Commission Secretary DATE: FROM: % G F" '-t— o ADDRESS: ORGANIZATION:r, li t SUBJECT: G v.�r� e.�. c. Lr s ► 40 9 9__ I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes refect my name and address as printed above. � � 1 Sign re . r NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring. that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * o ') SUBJECT: TO: Planning Commission Secretary DATE: FROM: OM: `" ADDRESS:' ORGANIZATION:— SUBJECT: I would like to address the. Planning Commission on the abovestated item. Please have the C fission Minutes reflect my name and address as printed above. Signatufe NOTE: All persons may attend meetings and address the Planning Commission.fo is intended to assist the Chairman in ensuring that all persons wishing to address the Co ion will have the opportunity and to ensure correct spelling of names in the Minutes. V VIJUIN JL]KI ALEV U"'1-1 V AM.011UZb IM; FJLA.NININ kir UUMMINSILUN AGENDA ITEM SUBJECT: TO: Planning Commission Secretary DATE: L< FROM: I _/1) "A0 livi'r, 0 ORGANIZATTON:�,Y C/NL SUBJECT: I. would like to address the Planning. Commission, on the above- stated item. Please have the Commission Minutes reflect my* name and address as printed above. NOTE: Signature An persons may attend meetings and address the Planning Commission. Thin form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA. ITEM SUBJECT: TO: Planning Commission Secretary DATE: FROM: ADDRESS: i 9 ORGANIZATION: SUBJECT: I would like to address the Planning Commission on the abo ve stated item. Please have the Commission Minutes reflect My name. and address as pfinted above. ref -------------------- Signatu�re NOTE: All persons may attend meetings and address the Planning Commission. O*n- This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission' will have the.opportunfiy and to ensure correct spelling -of Dames in . the Minutes. CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR The Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, at 7:00 P.M. on October 12, 1999. Items for consideration are listed on the attached agenda. I, John Easin, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On October 8, 1999, I posted copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on October 12, 1999, at the following locations: City Hall South Coast Quality Management District Auditorium 21660 E. Copley Drive 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjurythat the foregoing is true and correct. Executed on October 13, 1999, at Diamond Bar, California. hn Il ..-- Community and Development Services Dept. &Aaffidavitposting.doc PETITION AGAINST THE PROPOSED PARKING EXPANSION AT 3255 DIAMOND BAR BLVD We the undersigned longtime residents, property owners, and taxpayers of the City of Diamond Bar are against the removal of any trees and further topographical landscape changes to the existing environment located at 3255 Diamond Bar Blvd for any reasons. The information received from a City Official states that the church is not required to have these additional parking spaces. We the home owners who have to live with the negative impact these changes will bring feel the church should abandon the proposed parking expansion and seek one of many other alternatives. We (the homeowners) live, shop, vote, and pay taxes in this city and enjoy the "Country Living" surrounding our homes just as it is. The removal of the grassy knoll and destruction of 12 more trees (as stated in the planning commission staff report dated September 21, 1999) to make room for some additional parking spaces will do little to alleviate the parking problem but will destroy the quality of life and devalue the property of the surrounding neighborhoods. 111111st hAk �*o r\ NAME LAAI� NA\" SIGNATURE 5fle c=���� �� 13 ,7 PHONE# YEARS AT ADDRESS ADDRESS PHONE# YEARS AT ADDRESS NAME -,/ ADDRESS 0,9) /� k OT ' PHONE# YEARS AT ADDRESS :1 ARM 1,00a<-- loyk5. PETITION AGAINST THE PROPOSED PARKING EXPANSION AT 3255 DIAMOND BAR BLVD We the undersigned longtime residents, property owners, and taxpayers of the City of Diamond Bar are against the removal of any trees and further topographical landscape changes to the existing environment located at 3255 Diamond Bar Blvd for any reasons. The information received from a City Official states that the church is not required to have these additional parking spaces. We the home owners who have to live with the negative impact these changes will bring feel the church should abandon the proposed parking expansion and seek one of many other alternatives. We (the homeowners) live, shop, vote, and pay taxes in this city and enjoy the "Country Living" surrounding our homes just as it is. The removal of the grassy knoll and destruction of 12 more trees (as stated in the planning commission staff report dated September 21, 1999) to make room for some additional parking spaces will do little to alleviate the parking problem but will destroy the quality of life and devalue the property of the surrounding neighborhoods. I WN I F27 -�: WA W-- W F�!4 6 X9 WzW-1A / NAME Abbik -/", �-A --&- -:9 In SIGNATURE PHONE# YEARS AT ADDRESS �� 513.1�h����a��obr� �. 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SIGNATURE PHONE# YEARS AT ADDRESS Ap, a-, NAME ADDRESS 3IGNATURE PHONE# YEARS AT ADDTE5S I (; .1 j 0 41 1:3 04- /V -� 0,`,; a, X,W NAME as," ADDRESS ?o SIGNATURE PHONE# YEARS AT ADDRESS -0 aA7 -- - ------------- --- NAME ADDRESS SIGNATURE PHONE6 YEARS AT ADDRESS E ADDRESS Ad PHONE# YEAF-A�- so 9 �Z� P'l ZPt/-p ObT-T74' Tk- 3 Ic 5 c,^ F �`/- NAME -/, NAME ADDRESS SIGNATURE PHONE# YEARS AT ADDRESS ly-,P-7 es 4 4 i , 4,f4 C12) � 4 X [ SIGNATURE PHONE# YEARS AT ADDRESS NAME CA SIGMkTURE ADDRESS PHONE# 2- Ly /- ?/ ADDRESS Offne 7on YEARS AT ADDRESS YEARS AT ADDRESS 4:r PEITITON AGAINST THE PROPOSED PARKING EXPANSION AT 3255 DIAMOND BAR BL NAM P ADDRESS c SIGNATUPO 7 PHONE# YEARS AT ADDRESS ro I NAME N PHONE# Dy-- ko /++- I WARS AT ADDRESS U NAME ADDRESS SIGNATURE PHONE# YEARS AT ADDRESS NAME ADDRESS 14 q I rT SIGNATURE PHONE# YEARS AT ADDRESS Al I shoe. 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ADDRESS PHONE# YEARS AT ADDRESF PEITITON AGAINST THE PROPOSED PARKING EXPANSION AT 32615 DIAMOND BAR BL rlvl nr) 'NAME ADDRESS ("OT SrIGNATURE PHONE# YEARS"AT ADDRESS/ -3 7 N AAJE ADDRESS SIGNATURE PHONE# YEARS AT ADDRESS ZFZ 57 NAME ADDRESS MNATURE PHONE# YEARS AT ADDRESS TU SIGNATURE PHONE# PHONE# 0\ 1� 5• • YEARS AT ADDRESS rl�w , kww YEARS AT ADDRESS /-gr- 7 �PNS; -120 -V V -S PHONE# YEARS AT ADDRESS tVAME ADDRESS 5 o SIGNAf-U—RE V I V �C4- r)l PHONE# YEARS AT ADDRESS I rAe", VL4 At" /a or �`-®� 1 I NATUIRE PHONE# — ---------- - ------ -U—ADDRESS 01 YEARS AT ADDRESS � - ili�l 10 YEARS AT i=ile rev.e�rAd'by on and is ready fa® scanning File re . an i vd by destruction by C Cs r