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HomeMy WebLinkAboutPC 93-12PC RESOLUTION NO. 93-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-2 AN APPLICATION TO 6 ESTABLISH A CHURCH SANCTUARY IN AN EXISTING TWO FLOOR OFFICE BUILDING .WITH APPURTENANT USES LOCATED AT 22324 GOLDEN SPRINGS DRIVE, DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) The applicant is Calvary Chapel/Hidden Manna, 22324 Golden Springs Dr., Diamond Bar, CA has heretofore filed an application as described above in the title of this Resolution. Hereinafter in this Resolution, the project, located at address indicated in the title of this Resolution, shall be referred to as ".the application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, in- cluding the subject application, within the City of Diamond Bar. I I (iii) The City of Diamond Bar lacks on operative General Plan. Pursuant to the order issued by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) On March 8, 1993 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application, continued to and concluded said public hearing on April 12, 1993. (v) All legal prerequisites to the adoption of this Resolution have occurred. 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 facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the initial study review prepared by the City of Diamond Bar and a Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, further said negative declaration reflects the independent judgement of m 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. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on March 81 19931 continued to and concluded on April 12, 1993, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar, the Planning Commission hereby specifically finds as follows: (a) The applicant's request is for approval of a church sanctuary in an existing two floor office building. Additionally, the applicant is requesting the following appurtenant uses: a recording studio, day care facility, and assembly rooms. The occupancy is proposed for a maximum of 1,800. Parking provided for the project site totals 700 and the site is served by three (3) points of ingress and egress to Golden Springs and one to Grand Ave. (b) The application applies to property located at 22324 Golden Springs Drive, Diamond Bar with a gross area of 29 acres and is zoned CM (Commercial Manufacturing Zone). The General Plan land use designation is Office Professional Planned Development [PD (OP)]. I 2 _� � --_ _... ,�..-a...�. a,-..M.m.. ���.iiw� --r, ,.-, �•i.,«✓o..i ...-Yetl e.� - ..- �=ye`-rII.A.uIL 14rw,u�iAYrvAxLIu.N.NwIAa,lkkl,J _ _ =�_i_ (c) Properties to the east and south are devel- oped with single family and multi -family residences and a commercial center, to the �_. north the site is developed with a golf course and the sites to the west are partially developed by a commercial office development known as Gateway Corporate Center. (d) The subject property is currently developed with an office building and a large section of the easterly portion of the parcel is vacant. (e) The site is sufficient in size and can pro- vide adequate ingress and egress to allow the development compatible with the surrounding current land uses. (f) The subject site lies within the Diamond Bar General Plan . Office Professional/Planned Development PD (OP) land use designation. The current zoning of the site is not consistent with the land use designation. (g) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on February 14, 1993. Notification to property owners within -a 500 foot radius was mailed on February 12, 1993. (h) The design and layout of the proposed devel- opment will not unreasonably interfere with the use and enjoyment of the neighboring ex- isting and contemplated future developments, and will not create significant pedestrians hazards; (i) The conceptual architectural design of the proposed complex is compatible with the character of the surrounding development and will maintain the harmonious, orderly, and attractive development contemplated by the Development Review Ordinance and the proposed General Plan of the City; (j) The design -of the proposed development would provide a desirable environment for its occu- pants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain 3 -- -- - ,-e.._.. ___. 1.. - - �. N ­ aesthetically appealing and will retain a ' reasonably adequate level of maintenance. (k) The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or im- provements in the vicinity and will promote these goals. (1) The subject site is adequately served by Golden Springs Drive and Grand Avenue and all required public and private' services. The site is physically suitable for the development. (m) The nature, condition, and size of the site is adequate in size to accommodate .the project. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, this Commission hereby approves the application subject to the following restrictions as to use and standard conditions contained within this document: CONDITIONS OF APPROVAL 1. This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed at the office of Planning Division of the Community Development Department the Affidavit of Acceptance and accepts all the conditions of this permit; 2. That the applicant must comply with all federal, state, Zone CM (Commercial Manufacturing), Community Development Department and Public Works Department requirements. 3. That three copies of the elevations, floor plans, site plans, hours of operation andactivitiesschedule, similar to that presented at the April 12, 1993 public hearing, date stamped and marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with approved plans and schedule of activities. . 4. submit for approval by the Community Development Director landscape and irrigation plans which shall W 4 incorporate drought tolerant landscaping. All landscaping shall be installed prior to issuance of the certificate of occupancy. 5. Roof finish material shall have a uniform color so as to reduce reflectivity. Additionally, all roof mounted equipment must be painted a color to match the roof finish material. 6. Roof mounted equipment will be hidden behind building parapets so as not to be visible from surrounding streets, drives or adjacent buildings on a horizontal sight line. 7. Where roof mounted equipment is not hidden from view by the building parapet, a screen must be constructed using materials complimentary with existing buildings in the area. The design of the screen will be integrated into the overall architectural design of the building. The inside surface of the screen shall be finished a grey color to match the roof finish material. 8. The applicant shall submit a Transportation System Management Plan for approval by the Community Development Director, and the Public Works Director prior to Certificate of Occupancy of Phase I in compliance with Ordinance No. 1 (1993). 9. All parking areas shall be lighted to a 1 candle foot minimum level of illumination. 10. Reduce the use of natural gas and electricity and use energy conserving design and materials according to established standards to be reviewed by the City's Building Official. 11. The property shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements 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. i 5 12. A 24 sq. ft. sign is approved is approved as exhibited on the site plan in compliance with sign regulations. 13. This rant is valid for two 2 g ( ) years and must be exercised (i.e. construction initiated) within that III,tiI period or this grant will expire. A one year extension may be requested in writing and submitted to the City no later than 30 days prior to the expiration date. 14. The applicant shall contribute a predetermined pro rata share of $10,000 for the installation of the traffic signal, approach, and entrance improvements at the Medical Plaza's entrance designated as entrance No. 1, prior to issuance of building permits. 15. The applicant shall dedicate a 15 ft. wide portion of the property extending from the southwestern most portion of the access closest to Golden Springs Drive to the intersection of Grand Ave. and Golden Springs Drive, for an eastbound right turn lane. The value of this dedication shall be credited to the project's required contribution to the Grand Ave./Golden Springs Drive traffic mitigation fund. 16. The applicant shall provide access to Golden Springs Dr., shall enter into a reciprocal access agreement with the adjacent land owners, as necessary, and shall participate in the construction of an access road, per'��, City standards, to Golden Springs Dr., via the property LIII to the south which is the subject of Conditional Use Permit No. 91-1, at the time the said property owner is required to provide such access. 17. The applicant shall contribute $60,000 for the construction of a traffic signal, subject to the pro rata reimbursement or offset, at Golden Springs Dr. and the point of access thereto with the road required to be constructed pursuant to condition No. 16 above. The applicant shall be entitled to reimbursement of such sum in the event said access road is not constructed within 15 years of the effective date of this approval. 18. The applicant is required to participate in the creation of the Master Plan for the Planned Development areas surrounding the property site. 19. Additional traffic control shall include provision of Deputy Sheriffs in an amount satisfactory to the Sheriff and the Director of Public Works, during the Sunday services scheduled between the hours of 0600 to 1400 hrs. 6' 20. No left turns are allowed from the northern most driveway of the site onto Golden Springs Drive during the peak hours of Monday through Friday. The movements are limited to right turns in and out of the site. 21. Parking areas whether for normal or overflow parking shall be paved with asphalt with a minimum depth of 2" and shall conform to City standards. 22. Repair any broken or damaged curb, gutter, sidewalk and pavement on Grand Avenue and Golden Springs Drive abutting the project. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 23. Pavement striping, marking and street signing shall be installed to the satisfaction of the City Engineer. 24. The applicant shall dedicate -to the City, up to 25 ft. of additional right-of-way for street widening along Grand Avenue as required by the City Engineer. F 6. The Planning Commission Secretary Shall: (a) Certify to the adoption of this Resolution; r and (b) Forthwith transmit a.certified copy of this Resolution, by certified mail, return receipt request, to: Calvary Chapel at the address as set forth on the Application. APPROVED AND ADOPTED THIS 12th DAY OF APRIL, 1993 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR Bruce Flamenbaum, 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, UIM at a regular meeting of the Planning Commission held on the 12th day of April, 1993, by the following vote: AYES: COMMISSIONERS: Meyer, Li, Grothe, Plunk, and Flamenbaum NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: P�tl('James Defano, Secretary Fa WF51%WORKIROB\CUP93-2.RES 8 e