HomeMy WebLinkAboutPC 99-06r_.:,i PLANNING COMMISSION
RESOLUTION NO. 99-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 98-4, DEVELOPMENT REVIEW NO. 98-3
AND NEGATIVE DECLARATION NO. 99-1, A REQUEST TO
CONSTRUCT A TWO-STORY BUILDING OF APPROXIMATELY
12,596 SQUARE FEET TO BE UTILIZED AS A CHURCH
FACILITY. THE PROJECT SITE IS LOCATED AT 1200
SOUTH BREA CANYON ROAD, (LOT 2, TRACT NO.
35336) DIAMOND BAR, CALIFORNIA.
A.RECITALS.
1. The property owner, Kingson Investment Ltd. and
applicant, The Church In Diamond Bar have filed
applications for Conditional Use Permit No. 98-4,
Development Review No. 98-3 and Negative Declaration No.
99-1 for a property located at 1200 South Brea Canyon
Road, Diamond Bar, Los Angeles County, California, as
-! described above in the title of this Resolution.
Hereinafter in this Resolution, the subject Conditional
Use Permit, Development Review and Negative Declaration
shall be referred to as the "Application".
2. On April 8, 1989, the City of Diamond was established as
a duly organized municipal corporation of the State of
California. Thereafter, the City Council of the City of
Diamond Bar adopted it Ordinance No. 14 (1989), thereby
adopting the Los Angeles County Code as the ordinances of
the City of Diamond Bar. On December 3, 1998, the City
of Diamond Bar's newly adopted Development Code became
I effective. This application was deemed complete for
processing on November 12, 1998. As a result, the
application was processed under the Los Angeles County
Planning and Zoning Code.
3. The Planning Commission of the City of Diamond Bar on
February 9, 1999 conducted a duly noticed public hearing
on the Application. On February 9, 1999, the Commission
directed staff to prepare a Resolution of Approval
F incorporating appropriate findings and conditions.
4. Notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland -
Valley Daily Bulletin newspapers on January 15, 1999.
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Public hearing notices were mailed to approximately 123
property owners of record within a 500 -foot radius of the
project on January 14, 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 factsset forth in the Recitals, Part A, of
this Resolution are true and correct.
2. 'The Planning Commission hereby finds that the Initial
Study review and Negative Declaration No. 99-1 have been
prepared by the City of Diamond Bar in compliance with
the requirements of the California Environmental Quality
Act of 1970 (CEQA) and guidelines promulgated thereunder,
pursuant to Section 15070. Furthermore, Negative
Declaration No. 99-1 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 relates to an irregular shaped, vacant lot,
approximately 2.06 acres, with an ascending slope from
Brea Canyon Road.
(b) The project site has a General Plan land use
designation of Commercial/Office (CO). Pursuant to
the General Plan, this land use designation provides
for the establishment of mixed use commercial
retail, office and service uses. Additionally,
development within the CO designation will maintain
a floor area ratio (FAR) maximum of 1.0. The
proposed project maintains an FAR of 0.14.
(c) The project site is within the Commercial Planned
Development (CPD) Zone. This zoning designation
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permits a variety of„service uses including a church
facility as proposed with a Conditional Use Permit.
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(d) Generally, the following zones and uses surround the
project site: to the north and west is the Single
Family Residence -Minimum Lot Size 8,000 Square Feet
(R-1-8,000) Zones; to the south is the Commercial -
Highway Development Plan (C -H DP) Zone, developed
with an office and Unlimited Commercial (C -3 -BE)
Zone, developed with a lawn mower/tire shop; to the
east is the R-1-8,000 Zones, Diamond Bar Friends
Church and the Orange (SR57) Freeway.
CONDITIONAL USE PERMIT
(e) The application for a Conditional Use Permit
approval is a request to permit a church facility
within the CPD Zone, pursuant to Code Sections
Chapter 22.56 -Part 1 and 22.28.340.
(f) The proposed project will be in substantial compliance
with the adopted general plan;
The proposed project has a General Plan land use
designation of Commercial Office (CO). This
designation provides opportunity for the establishment
of mixed use commercial retail, office and service
uses. Additionally, the General Plan allows for a
maximum FAR of 0.25 to 1.00. The proposed project, a
church facility, is considered a service use. It has
an FAR of 0.14. As such, the proposed project is in
substantial compliance with the adopted general plan.
(g) The proposed site is adequate in size and shape to
accommodate the yards, walls, fences, parking and
loading facilities, landscaping and other development
features prescribed in the Code, or as otherwise
required in order to integrate said use with the uses
in the surrounding area; and
The proposed project site is 2.06 acres. Pursuant to
Code, the proposed project exceeds the required
minimum setbacks and landscaping. Additionally, the
proposed project has an FAR of less than the permitted
maximum. The required parking and fencing will be
provided. Therefore, the proposed site is adequate in
size and shape to accommodate the yards, walls,
fences, parking and loading, facilities, landscaping
and other development features prescribed in the Code,
or as otherwise required in order to integrate said
use with the uses in the surrounding area.
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(h) The proposed site is adequately served:
(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 proposed project fronts on Brea Canyon Road. As
part of the project approval, the applicant is
responsible for all off-site improvements including
but not limited to the installation of curb and
gutter, sidewalk, parkway improvements; street
trees; street lights, drive approached, drainage
improvements and necessary/appropriate pavement to
be developed the full width of Brea Canyon Road
along the total frontage of the project site. The
applicant will be required to pay a cash deposit of
$ 180,000.00, prior to the issuance of any City
permits, for these improvements.
As a traffic improvement measure, a signal will be
installed at the driveway of the Friends Church and
Glenbrook Drive. Additionally, the said driveway
will be aligned with Glenbrook Drive. The applicant fl
will be required to contribute their fair share to
j the signal cost which is $ 5,000.00. Another
h traffic improvement measure will be to prohibit left
turn movements to and from the proposed project
site. As a result, the proposed project will be
h adequately served by Brea Canyon Road and other
public or private service facilities as required.
(i) The requested use at the location proposed will not:
(1) Adversely affect the health, peace, comfort or
welfare of persons residing or working in the
surrounding area, or
(2) Be materially detrimental 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 public health, safety or general
welfare; and
As discussed in Items 4. (b), (c), (f) (g)and (h) due
to the required review and approval of a geotechnical
report and the issuance of City permits and a;>
inspections, the requested use, at the location
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proposed, will note'_ 'P.dversely affect the health,
peace, comfort or welfare of persons residing or
working in the surrounding area; or be materially
detrimental to the use, enjoyment or valuation of
property of other persons located in the vicinity of
the site; or jeopardize, endanger or otherwise
constitute a menace to public health, safety or
general welfare.
DEVELOPMENT REVIEW
(j) The application for Development Review approval is a
request to construct a two-story building of
approximately 12,596 square feet to be utilized as a
church facility, pursuant to Code Sections
22.72.020.A. and 22.72.040.
(k) The design and layout of the proposed development is
consistent with the applicable elements of the
City's General Plan and Design Guidelines.
The proposed project provides for the establishment
of a church facility (service use) within the
General Plan's CO land use designation. Pursuant to
and in compliance with the General Plan, the
proposed project will yield a pleasant environment
for those working and visiting the church facility
through its: Architectural design and use of
materials and colors will offer a variety of color
and textures compatible with the surrounding area;
and landscaping will offer, a variety of plant size
and species. The building setback from Brea Canyon
Road is 26 feet. The building setback from side and
rear property lines is 48 feet, 130 feet and 165
feet respectively. These setbacks are appropriate
in relation to the scale of the proposed building
with its height of two-stories/35 feet, the lowering
of the pad and the street right-of-way of 100 feet
for Brea Canyon Road.
(1) The design and layout of the proposed development
will not unreasonably interfere with the use and
enjoyment of neighboring existing or future
development and will not create traffic or
pedestrian hazards.
The proposed church facility is within the
Commercial Planned Development (CPD) Zone that
permits churches with a Conditional Use Permit,
which is part of the project's application. The
Conditional Use Permit will allow the City to ensure
that the proposed use is compatible with the
surrounding uses. The proposed project meets the
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required development standards for CPD Zone. As
referenced above in Item 4.(i), the applicant is
required to comply with the traffic improvement
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' measures, which will be a condition of approval for
this project. Additionally, as referenced in Item
4.(k) and above, the design and layout of the
proposed project will not unreasonably interfere
with the use and enjoyment of neighboring existing
or future development and will not create traffic or
pedestrian hazards.
(m) The architectural design of the proposed development
as conditioned will be compatible with the character
of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development
contemplated by Chapter 22.72 of Development Review
Ordinance No. 5 (1990), City Design Guidelines and
the City's General Plan.
As referenced above in Item 4.(k) and with minor
modifications that will be a condition of approval,
the proposed project's architectural design will be
consistent with the City's Development Review
Ordinance, City Design Guidelines and General Plan.
The proposed project will maintain the public
health, safety and general welfare by the installed
traffic mitigation measures as required; the
issuance of City permits and inspections; and has
and orderly and harmonious design and appearance of
the proposed structure, the parking area and
landscaping.
As also referenced in Item 4.(f) above, the proposed
project's design is consistent with the applicable
elements of the General Plan. Therefore, the
proposed project, as conditioned, will be compatible
with the character of the surrounding neighborhood
and will maintain the harmonious, orderly and
attractive development contemplated by the City's
Development Review Ordinance and General Plan.
(n) The design of the proposed development will provide
a desirable environment for its occupants and
visiting public as well as its neighbors through
good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will
retain a reasonablyadequate level of maintenance.
As referenced in the above findings, the proposed
project's design is consistent with the applicable
elements of the General Plan through minor
revisions, as listed in the conditions of approval,
use of materials, colors and landscaping. There -
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fore, the design of.;the>proposed development will
provide a desirable environment for its occupants
and visiting public as well as its neighbors through
good aesthetic use of materials, texture and color
that will remain aesthetically appealing and will
retain a reasonably adequate level of maintenance.
(o) The proposed development will not be detrimental to
public health, safety or welfare or materially
injurious to the properties or improvements in the
vicinity.
Before the issuance of any City permits, the
proposed project is required to comply with all
conditions within the approved resolution and the
Building and Safety Division, Public Works Division,
Health Department and Fire Department requirements.
The referenced agencies' involvement will ensure
that the proposed church facility is not detrimental
to the public health, safety or welfare or material-
ly injurious to the properties or improvements in
the vicinity.
I (p) The proposed project will be in substantial
compliance with the adopted Economic Revitalization
Area.
The proposed project is located within the Economic
Revitalization Area. The proposed project is
consistent with the Economic Revitalization Area
Plan in that the proposed project: implements the
applicable policies as present in the City's General
Plan; will contribute to the improvement of public
facilities and public infrastructure to provide
infrastructure facilities and services as listed in
Item 4.(i) above; and complies with development
limits and standards established by the City's
Development Code.
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, grading plan, floor plan, elevations, final
landscape/irrigation plan, exterior and parking lot
lighting plan/study and colors/materials board
collectively labeled as Exhibit "A" dated February
9, 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
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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) Prior to the issuance of a building permit, the
applicant shall submit a final landscaping/
irrigation plan which delineates plant species,
size, quantity and location, for the City's review
and approval. The landscape/irrigation plan shall
comply with the City's established Water Efficient
Landscape Regulations and shall be plan checked
accordingly before the issuance of any City permits.
(d) Prior to the issuance of a building permit, the
applicant shall submit an exterior lighting plan and
a parking lot lighting plan/study for the City's
review and approval. The level of parking lot light
projected onto any ground or wall surface shall be
an average of between one and two footcandles.
Shielding shall be required to reduce glare so that
neither the light source nor its image from the
reflective surfaces shall interfere with the
surrounding, adjacent properties or Brea Canyon
Road. The lighting plan/study shall delineate this
requirement.
(e) The proposed project's mechanical equipment shall be
hidden behind building's parapet and shall be screen
from the view of adjacent properties. Before the
plan check submittal, plans reflecting the location
of mechanical equipment and screening shall be
submitted to the City for review and approval.
(f) A final detail of the trash/recycle bin enclosure
shall be submitted for the City's review and
approval before plan check submittal.
(g) The proposed building shall not exceed two -stories
and a height of thirty-two feet from finished grade
to the highest gable. Before plan check submittal,
the applicant shall submit a revised elevations
reflecting the 32 foot building height for the W;
City's review and approval.
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(h) Church services and related activities shall not
commence before 7:00 a.m. and shall cease no later
than 10:00 p.m. All services and activities shall
be held within the building. Approval of this
"J project shall not include child day-care, pre-
school, grade school, or high school. Additionally,
the roof terraces shall not be utilized for church
services and/or activities. Special events shall be
subject to the provisions of the City's Development
Code.
(i) The proposed visitor quarters shall not be utilized
for more than 30 calendar days per year. The
visitor quarters shall not be used as a permanent
residence and shall not be rented.
(j) A minimum of 115 parking spaces shall be provided
on-site. Brea Canyon Road shall not be utilized for
off-site parking.
(k) The proposed architectural style of the building
shall be modified. The modification shall include
the use of timber and terra cotta "S" tile for the
roof, thereby making the proposed building more
compatible with the existing surrounding
F development. Before the plan check submittal, such
modifications shall be submitted to the Planning
Division for review and approval.
(1) The picnic area, as delineated on the landscape
plan, shall remain in it natural state and shall not
be utilized for any church activities.
(m) The property owner and applicant shall not prohibit
a future driveway or street access in the area
adjacent to the south property line of the project
site.
(n) The applicant shall meet with adjacent property
owners (i.e. Diamond Bar Friends Church and Henry
Woo) regarding a shared access agreement. The
meeting shall take place within 30 day of this
grant's approval. Additionally, the applicant shall
provide a report on the discussion to the City's
Planning Division, prior to the issuance of any City
permits.
(o) The applicant shall provide the following
information to the City pursuant to the
recommendations of Gradient Engineers report dated
February 4, 1999 regarding the on-site underground
fuel storage tank:
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(1) Provide additional background information
concerning the tank's use;
Oil
(2) Provide regional groundwater data needed;
(3) Revise the site plan indicating the distance
from the tank to each boring;
(4) Provide a boring log that describes the soil
matrix and provides groundwater data;
(5) Revise the statement that borings were drilled
ten feet below bottom of the tank to eight
feet;
(6) Sampling below the tank is required during
removal operations; and
(7) Provide a description of the soil encountered
and ground water level in the region.
After the above information is provided, the report
shall be resubmitted to the City for review and
approval. Additionally, the applicant shall perform
the appropriate site remediation including the
removal of any and all contamination found on City
property, and if required, obtain the appropriate
local, State and Federal approvals. A remediation
plan shall be prepared by the applicant and provided
to the City for review and approval, prior to the
issuance of any permits for grading or construction
of the building. Remediation shall be completed
prior to final inspection or the issuance of a
Certificate of Occupancy by the City of Diamond Bar.
(p) The applicant shall be responsible for all off-site
improvements including but not limited to the
installation of curb and gutter, sidewalk, parkway
improvement, street trees, three street lights which
shall be annexed into Los Angeles County Lighting
Maintenance District, drive approaches, drainage
improvements and any necessary/appropriate pavement
to develop the full width of Brea Canyon Road along
the project site's total frontage. The applicant
shall be required to submit a cash deposit or other
security approved by the City Attorney in an amount
not to exceed $180,000.00, prior to the issuance of
any City permits, for these required off-site
improvements. Additionally, the applicant shall pay
their fair share determined to be the amount of
$5,000.00 for the installation of the Glenbrook
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Drive traffic signal;-Yprior to the issuance of any
City permits.
(q) Left -turn movements to and from the project site
shall be prohibited and a right -turn lane into the
project shall be provided. Additionally, the
applicant shall construct the driveway and driveway
approach with a clear delineation of right -turn out
only.
(r) Prior to the issuance of a grading permit, the
applicant shall submit an erosion control plan for
the City's review and approval. The erosion control
plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate
the appropriate Best Management Practices (BMP's).
(s) Prior to the issuance of a grading permit, a
complete grading plan shall be submitted in
accordance with the City's grading requirements for
the City's review and approval. The grading plan
shall be signed/stamped by a civil engineer,
geotechnical engineer and geologist.
(t) The grading plan shall delineate the existing and
proposed topography, finished surface, finished
grade, flow line, etc. and proper drainage with
details and sections. All earth quantities
shall be shown (total cut and total fill),
regardless if balance on-site occurs.
(u) A soils report shall be required, incorporating the
scope of the proposed development in the review and
' analysis. The soils report shall give appropriate
recommendations for the construction of the project.
Before the issuance of a grading permit, the soils
report shall be reviewed and approved by the City.
(v) The applicant shall be responsible for sewer and
storm drain connections and shall ensure connection
with the L. A. County Department of Public Works for
storm drain and sewer lateral if there is none
currently available.- Additionally, applicant shall
pay the County Sanitation District for connection
fees. Furthermore, the applicant shall be
responsible for all costs associated with the
improvement, review and approval for the addition of
sewer or storm drains.
(w) Details and sections of the two proposed, four feet
high retaining walls shall be delineated on a
retaining wall plan. Location of the retaining wall {
and top of wall finish surface, top of foot and
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(x)
bottom of footing shall be indicated on the grading
plan. Calculations for the retaining walls shall be
submitted to the City for review and approval prior
to the issuance of a grading and retaining wall "!
permit.
Construction plans shall delineate the type of
building construction. .
'(y) All new handicap parking shall comply with current
State handicap accessible regulations. Van parking
shall be provided. Site plan shall delineate path
of travel from parking lot to building. Cross slope
shall not exceed two percent. Additionally, all
bathrooms and ramps shall be designed in compliance
with State handicap accessible regulations.
(z) The applicant shall obtain construction approval
from the Los Angeles County Fire Department, prior
to the issuance of any City permits.
(aa) Construction plans shall be engineered to meet wind
loads of 80 m.p.h.
(bb) The church building shall comply with the 1994
Uniform Building Code, Uniform Plumbing Code,
Uniform Mechanical Code and the 1993 National
Electrical Code requirements.
(cc) Pursuant to the Building and Safety Division
requirements, the applicant shall provide
construction fencing surrounding the boundaries of
the project site.
(dd) 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.
(ee) 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
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City processing feesit'school fees and fees for the
review of submitted reports.
(ff) 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 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.
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: Kingson
Investment Ltd., 939 S Atlantic Boulevard, #212,
Monterey Park, CA 91754 and The Church In Diamond
Bar, 1820 Derringer Lane, Diamond Bar, CA 91765.
' APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY 1999, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
I, Jamal DeStefano, Planning Commission Secretary, do hereby certify
that t foregoing Resolution was duly introduced, passed, and adopted
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 23rd day of February
1999, by the following vote:
AYES: Ruzicka, Tye, Nelson, Kuo, McManus
NOES: None
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ABSENT: None
ABSTAIN: None
ATTEST:
iamL DeStetano, Secretary
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PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PEP141T NO. 98-4, DEVELOPMENT REVIEW NO. 98-3 AND
NEGATIVE DECLARATION NO. 99-1, A REQUEST TO
CONSTRUCT A TWO-STORY BUILDING OF APPROXIMATELY
12,596 SQUARE FEET TO BE UTILIZED AS A CHURCH
FACILITY. THE PROJECT SITE IS LOCATED AT 1200 SOUTH
BREA CANYON ROAD, (LOT 2, TRACT NO. 35336) DIAMOND
BAR, CALIFORNIA.
A.RECITALS.
The property owner, Kingson Investment Ltd. and applicant, The Church In Diamond
Bar have filed applications for Condit ional Use Permit No. 98-4, Development
Review No. 98-3 and Negative Declaration No. 99-1 for a property located at 1200
South Brea Can on
y Road,
Diamond Bar, Los Angeles County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit,
Development Review and Negative Declaration shall be referred to as the
"Application".
2. On April 8, 1989, the City of Diamond was established as a duly organized municipal
corporation of the State of California. Thereafter, the City Council of the City of
Diamond Bar adopted it Ordinance No. 14 (1989), thereby adopting the Los Angeles
County Code as the ordinances of the City of Diamond Bar. On December 3, 1998,
the City of Diamond Bar's newly adopted Development Code became effective. This
application was deemed complete for processing on November 12, 1998. As a
result, the application was processed under the Los Angeles County Planning and
Zoning Code.
3. The Planning Commission of the City of Diamond Bar on February 9, 1999 conducted a
duly noticed public hearing on the Application. On February 9, 1999, the
Commission directed staff to prepare a Resolution of Approval incorporating
appropriate findings and conditions.
4. Notification of the public hearing provided in the Sanfor this project was Tribune
Gabriel Valley Valley Daily Bulletin newspapers on and Inland
Public hearing notices were mailed to approximately 123 property owners of record
within a 500 -foot radius of the project on January 14, 1 §99.
B.Resolution.
NOW, THEREFORE, it is found, determined andresolved 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 hereby finds that the Initial Study review and Negative
Declaration No. 99-1 have been prepared by the -City of Diamond Bar in compliance
with the requirements ofthe California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore,
Negative Declaration No. 99-1 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 relates to an irregular shaped, vacant lot, approximately 2.06 acres,
with an ascending slope from Brea Canyon Road.
(b) The project site has a General Plan land use
designation of Commercial/Office (CO). Pursuant to the General Plan, this
land use designation provides for the establishment -of mixed use
commercial
retail, office'and service uses. Additionally, development within the CO
designation will maintain a floor area ratio (FAR) maximum of 1.0. The
proposed project maintains an FAR of 0.14.
(c) The project site is within the Commercial Planned -Development (CPD) Zone.
This zoning designation
a ip-
permits a variety 9f,sgrvice uses including a church facility as proposed with a Co Inditional Use Permit.
(d) Generally, the following zones and uses surround the project site: to the north
and west is the Single Family Residence -Minimum Lot Size 8,000 Square
Feet (R-1-8,000) Zones; to the'south is the Commercial Highway
Development Plan (C -H DP) Zone, developed with an office and Unlimited
Commercial (C -3 -BE) Zone, developed with a lawn mower/tire shop; to the
east is the R-1-8,000 Zones, Diamond Bar Friends Church and the Orange
(SR57) Freeway.
CONDITIONAL USE PERMIT
(e), The application for a Conditional Use Permit approval is a request to permit
a church facility within the CPD Zone, pursuant to Code Sections
Chapter 22.56 -Part 1 and 22.28.340.
(f) The proposed project will be in substantial compliance with the adopted general
The proposed project has a General Plan land use designation of Commercial
Office (CO). This designation provides opportunity for the establishment of
mixed use commercial retail, of f ice and service uses. Additionally, the
General Plan allows for a maximum FAR of 0.25 to 1.00. The proposed
project, a church facility, is considered a service use. It has an FAR of 0.14. As
such, the proposed project is in substantial compliance with the adopted
general plan.
(g) The proposed site is adequate in size and shape to accommodate the yards,
walls, fences, parking and loading facilities, landscaping and other
development features prescribed in the Code, or as otherwise required in
order to integrate said use with the uses in the surrounding area; and
The proposed project site is 2.06 acres. Pursuant to Code, the proposed
project exceeds the required minimum setbacks and landscaping. Additionally,
the proposed project has an FAR of less than the permitted maximum. The
required parking and fencing will be provided. Therefore, the proposed site is
adequate in size and shape to accommodate the yards, walls, fences, parking
and loading, facilities, landscaping and other development features prescribed
in the Code, or as otherwise required in order to integrate said use with the
uses in the surrounding area.
(h) The proposed site is adequately served:
(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 proposed project fronts on Brea Canyon Road. As
part of the project approval, the applicant is responsible for all off-site
improvements including but not limited to the installation of curb and gutter,
sidewalk, parkway improvements; street trees; street lights, drive
approached, drainage improvements and necessary/appropriate pavement
to be developed the full width of Brea Canyon Road along the total frontage
of the project site. The applicant will be required to pay a cash deposit of $
180,000.00, prior to the issuance of any City permits, for these
improvements.
As a traffic improvement measure, a signal will be installed at the driveway of
the Friends Church and Glenbrook Drive. Additionally, the said driveway will
be aligned with Glenbrook Drive. The applicant will be required to contribute
their fair share to the signal cost which is $ 5,000.00. Another traffic
improvement measure will be to prohibit left turn movements to and from the
proposed project site. As a result, the proposed project will be adequately
served by Brea Canyon Road and other public or private service facilities as
required.
(i) The requested use at the location proposed will not: (1) Adversely of fect the health,
peace, comfort or
welt are of persons residing or working in the surrounding area, or
'(2) Be materially detrimental 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 public health, safety
or general welfare; and
As discussed in Items 4. (b), (c), (f) (g)and (h) due to the required review and approval of a
geotechnical report and the issuance of City permits and inspections, the requested
use. at the location 4
proposed, will — n6t AdVeJ:sely of
fect the health, peace,
comfort or welfare of persons residing or working in the surrounding area; or
be materially detrimental to the use, enjoyment or valuation of property of
other persons located in the vicinity of the site; or jeopardize, endanger or
otherwise constitute a menace to public health, safety or general welfare.
DEVELOPMENT REVIEW
Q) The application for Development Review approval is a request to construct a two-
story building of approximately 12,596 square feet to be utilized as a church
facility, pursuant to Code Sections 22.72.020.A. and 22.72.040.
(k) The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan and Design Guidelines.
The proposed project provides for the establishment of a church facility
(service use) within the General Plan's CO land use designation. Pursuant to
and in compliance with the General Plant the proposed project will yield a
pleasant environment for those working and visiting the church facility
through its: Architectural design and use of materials and colors will offer a
variety of color and textures compatible with the surrounding area; and
landscaping will offer a variety of plant size and species. The building
setback from Brea Canyon Road is 26 feet. The building setback from side
and rear property lines is 48 feet, 130 feet and 165 feet respectively. These
setbacks are appropriate in relation to the scale of the proposed building with
its"height of two-stories/35 feet, the lowering of the pad and the street right-of-
way of 100 feet for Brea Canyon Road.
(1) The design and layout of the proposed development will not unreasonably
interfere with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
The proposed church facility is within the Commercial Planned Development
(CPD) Zone that permits churches with a Conditional Use Permit, which is
part of the project's application. The Conditional Use Permit will allow the
City to ensure that the proposed use is compatible with the surrounding uses.
The proposed project meets the
required development -standards for CPD Zone. As referenced above in item
4-M, the applicant is ,required to comply with the traffic improvement
measures, which'will be a condition of approval for
this project. Additionally, as referenced in Item 4.(k) and above, the design
and layout of the proposed project will not unreasonably interfere with the
use and enjoyment of neighboring existing or future development and will not
create traffic or pedestrian hazards.
(m) The architectural design of the proposed development as conditioned will be
compatible with the character of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development contemplated
by Chapter 22.72 of Development Review Ordinance No. 5 (1990), City
Design Guidelines and the City's General Plan.
As referenced above in Item 4.(k) and with minor modifications that will be a
condition of approval, the proposed project's architectural design will be
consistent with the City's Development Review Ordinance, City Design
Guidelines and General Plan. The proposed project will maintain the public
health, safety and general welfare by the installed traffic mitigation
measures as required; the issuance of City permits and inspections; and
has and orderly and harmonious design and appearance of the proposed
structure, -the parking area and landscaping.
As also referenced in Item 4.(f) above, the proposed project's design is
consistent with the applicable elements of the General Plan. Therefore, the
proposed project, as conditioned, will be compatible with the character of the
surrounding -neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by the City's Development Review
Ordinance and General Plan.
(n) The design of the proposed development will provide a desirable environment
for its occupants and visiting public as well as its neighbors through good
aesthetic use of materials, texture, and color that will remain aesthetically
appealing and will retain a reasonably,adequate level of maintenance.
As referenced in the above findings, the proposed project's design is consistent with
the,applicable elements of the General Plan through minor
revisions, as listed in the conditions of approval, use of materials, colors and
landscaping. There
fore, the design oft -h -e -,proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture and color that will remain
aesthetically appealing and will retain a reasonably adequate level of
maintenance.
(o) The proposed development will not be detrimental to public health, safety or
welfare or materially injurious to the properties or improvements in the
vicinity.
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division, Public Works Division, Health Department and Fire
Department requirements. The referenced agencies' involvement will ensure
that the proposed church facility is not detrimental to the public health, safety
or welfare or materially injurious to the properties or improvements in the
vicinity.
(p) The proposed project will be in substantial compliance with the adopted
Economic Revitalization Area.
The proposed project is located within the Economic Revitalization Area. The
proposed project is consistent with the Economic Revitalization Area Plan in
that the proposed project: implements the applicable policies as present in
the City's General Plan; will contribute to the improvement of public facilities
and public infrastructure to provide infrastructure facilities and services as
listed in Item 4.(i) above; and complies with development limits and
standards established by the City's Development Code.
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, grading plan, floor plan,
elevations, final landscape/irrigation plan, exterior and parking lot lighting
plan/study and colors/materials board collectively labeled as Exhibit "A"
dated February 9, 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) Prior to the issuance of a building permit, the applicant shall submit a final
landscaping/ irrigation plan which delineates plant species, size, quantity
and location, for the City's review and approval. The landscape/irrigation
plan shall comply with the City's established Water Efficient Landscape
Regulations and shall be plan checked accordingly before the issuance of
any City permits.
(d) Prior to the issuance of a building permit, the applicant shall submit an exterior
lighting plan and a parking lot lighting plan/study for the City's review and
approval. The level of parking lot light projected onto any ground or wall
surface shall be an average of between one and two footcandles. Shielding
shall be required to reduce glare so that neither the light source nor its image
from the reflective surfaces shall interfere with the surrounding, adjacent
properties or Brea Canyon Road. The lighting plan/study shall delineate this
requirement.
(e) The proposed project's mechanical equipment shall be hidden behind building's
parapet and shall be screen from the view of adjacent properties. Before the
plan check submittal, plans reflecting the location of mechanical equipment
and screening shall be submitted to the City for review and approval.
(f) A final detail'of the trash/recycle bin enclosure shall be submitted for the
City's review and approval before plan check submittal.
(g) The proposed building shall not exceed two -stories and a height of thirty-two
feet from finished grade to the highest gable. Before plan check submittal,
the applicant shall submit a revised elevations
reflecting the 32 foot building height for the City's review and approval.
(h) Church services and related activities shall not
commence before 7:00 a.m. and shall cease no
later than 10:00 p.m. All services and activities shall be held within the building.
Approval of this
project shall not include child day-care, preschool,
grade school, or high school. Additionally, the roof terraces shall not be utilized for
church services and/or activities. Special events shall be sub ect to the provisions of
the City's Development Code.
(i) The proposed visitor quarters shall not be utilized for more than 30 calendar
days per year. The visitor quarters shall not be used as a permanent
residence and shall not be rented.
Q) A minimum on- of 115 parking spaces shall be provided Brea Canyon Road
site. off-site shall not be utilized for parking.
(k) The proposed architectural style of the building shall be modified. The
modification shall include the use of timber and terra cotta "S" tile for the
roof, thereby making the proposed building more compatible with the
existing surrounding development. Before the plan check submittal, such
modifications shall be submitted to the Planning Division for review and
approval.
(1) The picnic area, as delineated on the landscape plan, shall remain in it natural
state and shall not be utilized for any church activities.
(m) The property owner and applicant shall not prohibit a future driveway or street
access in the area adjacent to the south property line of the project site.
(n) The applicant shall meet with adjacent property owners (i.e. Diamond Bar
Friends Church and Henry Woo) regarding a shared access agreement. The
meeting shall take place within 30 day of this grant's approval. Additionally,
the applicant shall provide a report on the discussion to the City's Planning
Division, prior to the issuance of any City permits.
(o) The applicant shall provide the following information to the City pursuant to
the recommendations of Gradient Engineers report dated February 4,
1999 regarding the on-site underground fuel storage tank:
(1) Provide additional background information concerning the tank's use;
(2) Provide regional groundwater data needed; (3) Revise the site plan
indicating the distance from the tank to each boring;
(4) Provide a boring log that describes the soil matrix and provides ground
water data;
(5) Revise the statement that borings were drilled ten feet below bottom of
the tank to eight feet;
(6) Sampling below the tank is required during removal operations; and
(7) Provide -a description of the soil encountered and ground water level in
the region.
After the above information is provided, the report shall be resubmitted to
the City for review and approval. Additionally, the applicant shall
perform the appropriate site remediation including the removal of any
and all contamination found on City property, and if required, obtain
the appropriate local, State and Federal approvals. A remediation
plan shall be prepared by the applicant and provided to the City for
review and approval, prior to the issuance of any permits for grading
or construction of the building. Remediation shall be completed prior
to final inspection or the issuance of a Certificate of occupancy by the
City of Diamond Bar.
(p) The applicant shall be responsible for all off-site improvements including but not
limited to the installation of curb and gutter, sidewalk, parkway improvement,
street trees, three street lights which shall be annexed into Los Angeles
County Lighting Maintenance District, drive approaches, drainage
improvements and any necessary/appropriate pavement to develop the full
width of Brea Canyon Road along the project site's total frontage. The
applicant shall be required to submit a cash deposit or other security
approved by the City Attorney in an amount not to exceed $180,000.00, prior
to the issuance of any City permits, for these required off-site improvements.
Additionally, the applicant shall pay their fair share determined to be the
amount of $5,000.00 for the installation of the Glenbrook
IN
'k- -A 1 0" .1 '— I i I A-1- -AI I -II' --I-!0"! I
Drive traffic -signal?-- prior to the issuance of any City permits.
(q) Left -turn movements to and from the project site shall be prohibited and a right -
turn lane into the project shall be provided. Additionally, the applicant shall
construct the driveway and driveway approach with a clear delineation of
right -turn out only.
(r) Prior to the issuance of a grading permit, the applicant shall submit an erosion
control plan for the City's review and approval. The erosion control plan shall
conform to National Pollutant Discharge Elimination System (NPDES)
standards and incorporate the appropriate Best Management Practices
(BMP's).
(s) Prior to the issuance of a grading permit, a complete grading plan shall be
submitted in accordance with the City's grading requirements for the City's
review and approval. The grading plan shall be signed/stamped by a civil
engineer, geotechnical engineer and geologist.
(t) The grading plan shall delineate the existing and
proposed topography, finished surface, finished grade, flow line, etc. and
proper drainage with details and sections. All earth quantities
shall be shown (total cut and total fill), regardless if balance on-site
occurs.
(u) A soils report shall be required, incorporating the scope of the proposed
development in the review and analysis. The soils report shall give
appropriate recommendations for the construction of the project. Before the
issuance of a grading permit, the soils report shall be reviewed and
approved by the City.
(v) The applicant shall be responsible for sewer and storm drain connections and
shall ensure connection with the L. A. County Department of Public Works
for storm drain and sewer lateral if there is none currently available. -
Additionally, applicant shall pay the County Sanitation District for connection
fees. Furthermore, the applicant shall be responsible for all costs associated
with the improvement, review and approval for the addition of sewer or storm
drains.
(w) Details and sections high of the two proposed, four feet shall be
retaining walls retaining delineated on a
wall,plan. and top of wall Location of the retaining wall surface, top of
finish foot and
bottom of footing shall be indicated on the grading plan. Calculations for the
retaining walls shall be submitted -to the City for review and approval prior to the
issuance of a grading and retaining wall
permit. (x) Construction plans shall delineate the type of building construction. .
ly) All new handicap parking shall comply with current State handicap accessible
regulations. Van parking shall be provided. Site plan shall delineate path of
travel from parking lot to building. Cross slope shall not exceed two percent.
Additionally, all bathrooms and ramps shall be designed in compliance with
State handicap accessible regulations.
(z) The applicant shall obtain construction approval from the Los Angeles County
Fire Department, prior to the issuance of any City permits.
(aa) Construction plans shall be engineered to meet wind loads of 80 m.p.h.
(bb) The church building shall comply with the 1994 Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code and the
1993 National Electrical Code requirements.
(cc) Pursuant to the Building and Safety Division requirements, the applicant
shall provide construction fencing surrounding the boundaries of the
project site.
(dd) 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.
(ee) 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
12
City processing fees—tschool fees and fees for the review of submitted
reports.
(ff) 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 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.
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:
Kingson Investment Ltd., 939 S Atlantic Boulevard, #212,
Monterey Park, CA 91754 and The Church In Diamond Bar, 1820 Derringer
Lane, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: c, Joe McManus, Chairman m D
I, Jam DeStefano, Planning Commission Secretary, do hereby certify t f
that t foregoing Resolution was duly introduced, passed, and adopted a —Pa
by th Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held
on the 23 rd day of February 1999, by the following vote:
AYES: Ruzicka, Tye, Nelson, Kuo, McManus NOES: None
ABSTAIN: None ATTEST:
fano. iames DeSte
rano, Secretary
13