HomeMy WebLinkAboutPC 95-06F--
PLANNING COMMISSION
RESOLUTION NO. 95-06
EI
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 19).
A. Recitals
1. The property owner/applicant, Evangelical Free Church of
Diamond Bar filed the "Applications" for Conditional Use
Permit No. 95-1 and Development Review No. 95-1 for a
request to construct a two story sanctuary structure
with a cellar and repeal Conditional Use Permit No. 1634
(1). The project site is located at 3255 South Diamond
Bar Boulevard, Diamond Bar, Los Angeles County, Califor-
nia, as described in the title of this Resolution. H-
ereinafter in this Resolution, the subject Conditional
Use Permit and Development Review applications are re-
ferred to as the "Application".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal organization
of the State of California. On that date, pursuant to
the requirements of the California Government Code
Section 57376, the City Council of the City of Diamond
Bar adopted its Ordinance No. 1, 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, including the subject Application, within
the City of Diamond Bar.
3. The City of Diamond Bar lacks an operative General Plan.
Accordingly, action was taken on the subject
application, as to consistency with the Draft General
Plan, pursuant to the terms and provisions of the Office
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of Planning and Research extension granted pursuant to
California Government Code Section 65361.
4. The Planning Commission of the City of Diamond Bar, on
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May 8, 1995 conducted,a duly noticed public hearing on
the Application. The public hearing for this project
was closed on May 8, 1995.
5. Notification of the public hearing for'this Application
was made in the San Gabriel Valley Tribune and the
Inland Valley Daily Bulletin newspapers on April 14,
1995. Sixty property owners, within a 500 foot radius
of the project site were notified by mail on April 11,
1995.
5. All legal prerequisites to the adoption of this Resolu-
tion 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. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby finds and determines that
having considered the record as a whole, there is no
evidence before this Planning Commission that the
project as proposed by the Application, and conditioned
for approval herein, will have the potential of an
adverse effect on wildlife resources or the habitat upon
which the wildlife depends. Based upon substantial
evidence presented in the 'record before this Planning
Commission, the Commission hereby rebuts the presumption
of adverse effects contained in Section' 753.5 (d) of
Title 14 of the California Code of Regulations.
3. , The Planning Commission hereby finds that an Initial
Study and Negative Declaration (No.95-1) have been
prepared by the City of Diamond Bat in compliance with
the requirements of the California Environmental Quality
Act (CEQA) of 1970, as amended, and, guidelines
promulgated thereunder. ' Further, said Negative
Declaration reflects the independent judgement of the
City of Diamond Bar.
4. Based upon the findings and conclusions set forth
herein, this Planning Commission, hereby finds as
follows:
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(a) The project relates to a 2.37 acre triangular
shaped lot located at 3255 South Diamond Bar
Boulevard.
(b) The project site is developed with the following:
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.
(c) The project site is located within the Single
Family Residential -Minimum Lot Size 7,500 Square
Feet (R-1-7,500) Zone. It has a draft General
Pian land use designation of 'General Commercial
(C)
(d) Generally, the following zones surround the
project site: to the north and east is the Single
Family Residential -Minimum Lot Size 7,500 Square
Feet (R-1-7,500) Zone; to the west are the
Restricted Business (C-1) and Commercial Planned
Development (CPD) Zones; and to the south is the
Single Family Residential -Minimum Lot Size 10,000
Square Fee (R-1-10,000) Zone.
(e) The nature, condition and size of the site has
been considered. The site is adequate in size to
accommodate the proposed project.
CONDITIONAL USE PERMIT
(f) The proposed project will not be in substantial
conflict with the draft General Plan, local
ordinances, and State requirements.
(g) The proposed project will not adversely affect the
health, peace, comfort or welfare of persons
residing or working in the surrounding area.
(h) The proposed project will not be materially
detrimental to the use, enjoyment or valuation of
property of other persons located in the vicinity
of the site.
(i) The proposed project will not jeopardize, endanger
or otherwise constitute a menace to public health,
safety or general welfare.
(j) The project site is adequate in size and shape to
accommodate the yards, walls, fences, parking and
7 loading facilities, landscaping and other
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5.
development features prescribed within City
ordinances, or as otherwise required in order to
integrate the use with uses in the surrounding ,
area.
(k) The project site is adequately served by highways
or streetsof sufficient width and improved as
necessary to carry the kind ,and quantity of
traffic such use would generate.
DEVELOPMENT REVIEW
(1) The design and layout of the proposed project is
consistent with the applicable elements of the
City's draft General Plan, design guidelines of
-the appropriate district, and any adopted
architectural criteria for specialized area, such
as designated historic districts, theme areas,
specific plans, community plans, -boulevards, or
planned development.
(m) The design and layout of.the proposed project will
not unreasonably interfere with the use and
enjoyment of neighboring existing or future
developments, and will not create traffic or
pedestrian hazards.
(n) The architectural design of the proposed project
is compatible with the character of the ...
surrounding neighborhood and will maintain the
harmonious, orderly and attractive development
contemplated by the Development Review ordinance
and the draft General Plan.
(o) The design of the proposed project would provide a
desirable environment for its occupants and
visiting public, as well as it neighbors through
good aesthetic use of materials, texture and color
that will remain aesthetically appealing and will
retain a reasonably adequate level of maintenance.
(p) The -proposed project will not be detrimental to
the public health, safety, or welfare, or
materially injurious to the properties or
improvements in the vicinity.
Based upon the findings and conclusions set forth above,
the Planning Commission hereby approves this Application
subject to the following conditions:
(a) Conditional Use Permit No. 95-1 and Development
Review No. 95-1 shall be developed in substantial
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conformance to plans dated May 8, 1995,
collectively labeled Exhibit "A” as submitted and
approved by the Planning Commission. Any
substantial modifications shall be reviewed 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 insure that the waste
contractor utilized has obtained permits from the
City of Diamond Bar to provide such services.
(c) A minimum of 78 on-site parking stalls shall be
provided and maintained. A minimum of 20 percent
of the 78 parking stalls may be compact. A
minimum of three handicapped parking stalls shall
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be provided that comply with the American
Disabilities Act's (A.D.A.) requirements.
Standard parking stalls shall have a minimum width
of eight (8) feet and a minimum length of 18 feet.
Compact parking stalls shall have a minimum width
of seven (7) feet six (6) inches and a minimum
length of 15 feet. Two-way drive aisles shall
have a minimum width of 26 feet. Within 120 days
of this grant's approval, a site plan, with the
previously mentioned revision, shall be submitted
to the City for review and approval.
(d)
Future parking lot lighting shall be installed and
shielded in a manner that does not create glare or
direct illumination upon neighboring properties.
Plans for this improvement shall be submitted for
review and approval by the City.
(e)
Within 120 days of this grant's approval, revised
plans shall be submitted indicating the required
trash and recycling bin enclosure, for review and
approval by the City.
(f)
The two temporary modular classroom units shall be
removed when the Certificate of occupancy is
issued for the two story sanctuary structure.
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(g)
The existing one story structure currently
utilized for a sanctuary and business offices
shall cease functioning as a sanctuary upon the
issuance of a Certificate of Occupancy for the two
r'
story sanctuary structure.
(h)
Approval of this grant supersedes and repeals
Conditional Use Permit No. 1634(1).
(i)
The applicant shall comply with all Planning
Division, Building and Safety Division,
Engineering Department, and Los Angeles County
Fire Department requirements.
(j)
The approval of Conditional Use Permit No. 95-1
and Development Review No. 95-1" 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 map, at the City,of Diamond Bar's
Community Development Department; their Affidavit
of Acceptance stating that they are aware of and
agree to accept all the conditions of this
project. Further, this approval shall not be
effective until the permittee pays remaining
Planning Division processing fees.
(k)
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 therefore
shall be made by the Applicant prior to the
issuance of -any building permit' or any other
entitlement.
(1)
The subject property shall be maintained and
operated in full compliance with the conditions of
this grant and any law, statute, ordinance or
other regulations applicable to any development or
activity of the subject properties.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution,
by certified mail to: Evangelical Free Church of Diamond
Bar, 3255 S. Diamond Bar Blvd., Diamond Bar, CA, 91765;
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APPROVED AND ADOPTED THIS THE 22ND DAY OF MAY, 1995, BY
THE PLANNING COMMISSIONOF THE CITY OF DIAMOND BAR
I C
BY:
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary of the Planning Commission of the
City of _Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular
meeting of the Planning Commission held on the 22nd day of May,
1995, by the following vote:
AYES: Flamenbaum, Fong, Meyer, Schad
NOES: None
ABSENT: None
-ABSTAIN: Huff r
ATTEST:
jes DeStefano, Secretary
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