HomeMy WebLinkAboutPC 99-23PLANNING COMMISSION
RESOLUTION NO. 99-23
F --
J A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING CONDITIONAL
USE PERMIT NO. 95-1(1), VARIANCE No. 99-8, TREE
f PERMIT NO. 99-2 AND AMENDMENT TO NEGATIVE
DECLARATION NO. 95-1, A REQUEST TO AMEND
CONDITIONAL USE PERMIT NO. 95-1 IN ORDER
TO PROVIDE APPROXIMATELY 34 ADDITIONAL PARKING
STALLS, REDUCE THE REQUIRED PARKING STALL
DEMENSIONS, REMOVE AND REPLACE FOUR 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.
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A. RECITALS.
1. The property owner, First Evangelical Free Church and
applicant, Reverend Mark Hopper, -have filed an application
for Conditional 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 September 16, 1999, public hearing notices were mailed
to approximately 59 property owners of record within a
500 -foot radius of the project site. On September 17, 1999,
the public notice was posted at three public places.
Further, on September 21, 1999, notification of the public
hearing for this project was provided in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin, and the
project site was posted with a display board.
3. On October 12, 1999, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing on the
Application.
B. Resolution.
m' NOW, THEREFORE, it �s found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
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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. Pursuant to the provisions of the California Environmental
Quality Act (CEQA), the City has determined that a Negative
Declaration is required for this project. According to CEQA
Section 15070, Negative Declaration No. 95-1 was prepared
and 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 have been prepared by the City of Diamond Bar in
compliance with the reauiremeni-s 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 one-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).
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(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 D and
to the west is the Neighborhood Commercial (CPD/C-1)
Zone.
(e) The Application request is to provide approximately 34
parking stalls within a portion of an existing knoll for
a total of 110 parking stalls; reduce the parking stall
dimensions; and remove and replace the four Coast Live
Oak trees and replace the one California Pepper tree that
was accidentally destroyed during the grading of
Phase III.
Conditional Use Permit
(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 (RLM) 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,
_a 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.
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.
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The original approval required that 76 parking stalls be
provided. The Application proposes to add 34 parking
stalls. The total number of provided parking stalls will
then be 110. Therefore, 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 need for
optimum traffic flow and complying with the General Plan.,
(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 for 34 additional parking stalls can
be accommodated on the project site. With the additional
parking stalls, 110 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;
In 1980, the church facility was approved by Los Angeles
County 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 and approved.
As referenced in Item (g) and (h) above, the proposed
request for additional parking is compatible with the
adjoining land uses. The site can accommodate more
parking and preserve some of the large specimen trees and
retain a portion of knoll, which acts as buffer to the
adjacent residential properties. To ensure further
compatibility with adjoining land uses, the applicant
will be required to enhance the existing buffer areas
adjacent to"the project site's northerly and westerly
boundaries. Enhancement will include 24 -inch box size
trees (mostly Evergreen, and fast growing), shrubs, and
ground cover. The enhanced buffer area will increase
privacy and reduce light reflection to adjacent uses and
provide an aesthetically pleasing view. 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 anticipated 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
vicinity and zoning district that the property is
located. Additionally, enhancement of the buffer areas
as described in Item (i) above, will be beneficial to the
public interest of properties surrounding the project
site.
(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
.a 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.
VARIANCE
(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
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IIP111I I I
December 3, 1998. At this point in time, two approved
phases of construction for the church facility was
completed. Currently, the third phase is under
construction.
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The Los Angeles County Planning and Zoning Code that
the church facility was processed under allows compact
parking stalls (7.5 feet by 15 feet) and dimensions of
the standard parking stalls at 8 feet wide by 18 deep
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 special circumstances such as:
previously approved and existing on-site parking with
reduced stall dimensions; the original approval
permitting compact parking; site constraints related to
topography; the project site's triangular shape; and the
existing on-site structures; the strict application of
the Development Code denies the property owner privileges
currently enjoyed on-site and by other church facilities
in the vicinity and under identical zoning districts.
(m) 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 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
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need for optimum traffic flow. Additionally, there is
not an applicable specifi6'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, and with circumstances as
referenced above in Items (g), (h), (i) and (j), 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. Additionally, with
the reduction of street parking on Diamond Bar Boulevard,
traffic flow on Diamond Bar Boulevard will be improved
and the clear line of site for turning onto Diamond Bar
Boulevard from Cherrydale and Crooked Creek Drives will
be improved.
(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
i 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 PERMIT (It shall be necessary that one or more of the
i,
following findings be made.)
i
(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.
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(t) The tree is a public nuisance by causing damage to
improvements, (e.g., building foundation, retaining
i'1 rel
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.
Due to the project site's constraints (i.e., topography,'
lot configuration and existing structures) as referenced
above in Item (1), the property owner's reasonable use
and enjoyment of the project site is compromised. As a
result of adding 34 on-site parking stalls, which will
assist in reducing street parking on Diamond Bar
Boulevard and adjacent residential streets, the removal''^
of one California Pepper tree, four Coast Live Oak trees
and other large trees will occur.
Pursuant to the City's Development Code, the applicant
will be required to replace the Coast Live Oak trees and
the California Pepper tree at a 3:1 ratio, minimum
24 -inch box size on-site. The applicant will also be
required to install other trees, minimum 24-inch.box,
fast growing and Evergreen. Also required will be shrubs
and ground cover. Said plant material will 'pe installed
within the remaining knoll and within the 20 foot wide
buffer area adjacent to the northerly and westerly
property lines of the project site.
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,
landscape/ irrigation plan
and parking
lot lighting
plan/study collectively
labeled as
Exhibit "A" dated October 12, 1999, as submitted and
approved by the Planning Commission, as amended
herein.�'�"'
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R
(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 landscape/ irrigation plan for
the City's review and approval delineating the
following:
(1) The location of the three, minimum 24 -inch box
size, replacement California Pepper tree;
(2) The location of -the minimum 24 -inch box size,
replacement Coast Live Oak trees;
r
(3) The species, size, quantity and location of fast
growing Evergreen trees at a minimum 24 -inch box
�. size; and
(4) The species, size quantity and location of fast
growing shrubs and ground cover;
Said plant material shall be installed within
the remaining portion of the, knoll and the 20
wide buffer area adjacent to the northerly and
westerly property lines of the project site. This
plant material shall provide dense screening for
adjacent properties in order to attenuate
problems related to light, privacy and view.
This plant material shall be installed prior to
final inspection or Certificate of Occupancy of
the main sanctuary. The landscape/irrigation
plan shall be approved before the issuance of any
City permits related to this project.
(d) 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.
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(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 be and the project site's
0�1
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
replacement California Pepper and Coast Live Oak trees
shall be supervised by a certified arborist.
Additionally, a 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) Tree removal and 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.
(j) Applicant shall comply with State Handicap
Accessibility Regulations (i.e., van parking, shortest
route to accessible entrance, shortest pedestrian
route to the closest pedestrian entrance, restrooms,
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. Li
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..
(b) Forthwith transmit a certified copy of this Resolution,
by certified mail,- to: Reverend .Mark Hopper,
Evangelical Free Church, 3255 S. Diamond Bar
Boulevard, Diamond Bar, CA 91765.
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(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
j
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, 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: Reverend .Mark Hopper,
Evangelical Free Church, 3255 S. Diamond Bar
Boulevard, Diamond Bar, CA 91765.
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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: Nelson, Ruzicka, McManus, Kuo
NOES: None
ABSENT: None
ABST N: Tye
ATTEST: -
James DeStefa.io, Secretary
I
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PLANNING COMMISSION 'RESOLUTION NO. 99-
23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 95-1(1),
VARIANCE No. 99-8, TREE PERMIT NO. 99-2 AND AMENDMENT TO
NEGATIVE DECLARATION NO. 95-1, A REQUEST TO AMEND
CONDITIONAL USE PERMIT NO. 95-1 IN ORDER TO PROVIDE
APPROXIMATELY 34 ADDITIONAL PARKING STALLS, REDUCE THE
REQUIRED PARKING STALL DEMENSIONS, REMOVE AND REPLACE
FOUR 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.
A. RECITALS.
1. The property owner, First Evangelical Free Church and applicant, Reverend Mark Hopper, -have
filed an application for Conditional 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 September 16, 1999, public hearing notices were mailed to approximately 59 property owners
of record within a 500 -foot radius of the project site. On September 17, 1999, the public notice
was posted at three public places. Further, on September 21, 1999, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin, and the project site was posted with a display board.
3. On October 12, 1999, the Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on the Application.
B. Resolution.
1 i NOW, THEREFORE, it s 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.
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City
has determined that a Negative Declaration is required for this project. According to
CEQA Section 15070, Negative Declaration No. 95-1 was prepared and adopted by
the Planning Commission on May 22, 1995. Pursuant to CEQA Section 15164, an
Amendment to adopted Negative Declaration No. 95-1 was p-repared for the revision
request. The Planning Commission hereby finds that the Initial Study review and
Amendment to Negative Declaration No. 95-1 have been prepared by the City of
Diamond Bar in compliance with the reauiremen--.s 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 one-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 7
(c) The zoning -designation for the project site is Low -Medium Residential (RLM).
(d) Generally, the following zone s surround the project site: To the north and east--
i6--l'thb 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.
(e) The Application request is to provide approximately 34 parking stalls within a portion
of an existing knoll for a total of 110 parking stalls; reduce the parking stall
dimensions; and remove and replace the four Coast Live Oak trees and replace
the one California Pepper tree that was accidentally destroyed during the grading
of Phase III.
Conditional Use Permit
(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 (RLM)
Zone with a Conditional Use Permit. The church facility obtained a Conditional
Use Permit (CUP No. 1 G34(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
The proposed request is consistent with the 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 original approval required that 76 parking stalls be provided. The Application
proposes to add 34 parking stalls. The total number of provided parking stalls will
then be 110. Therefore, 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 need for optimum traffic flow and complying
with the General Plan.
(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 for 34 additional parking stalls can be accommodated on
the project site. With the additional parking stalls, 110 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 utilitie's', compatibility with adjoining land
uses, and the absence of physical constraints;
In 1980, the church facility was approved by Los Angeles County 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 and approved.
As referenced in Item (g) and (h) above, the proposed request for additional
parking is compatible with the adjoining land uses. The site can accommodate
more parking and preserve some of the large specimen trees and retain a portion
of knoll, which acts as buffer to the adjacent residential properties. To ensure
further compatibility with adjoining land uses, the applicant will be required to
enhance the existing buffer areas adjacent to 'the project site's northerly and
westerly boundaries. Enhancement will include 24 -inch box size trees (mostly
Evergreen, and fast growing), shrubs, and ground cover. The enhanced buffer
area will increase privacy and reduce light reflection to adjacent uses and provide
an aesthetically pleasing view. Furthermore, the proposed additional parking does
not impact site access or on-site circulation pursuant to the City's Public Works/
Engineering Division review.
Q Granting the Conditional Use Permit will not be detrimental to the ]-ubil'c interest,
health, saf ety, 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 anticipated 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 vicinity and zoning district that the
property is located. Additionally, enhancement of the buffer areas as described in
Item W above, will be beneficial to the public interest of properties surrounding
the project site.
(k) The proposed project has been reviewed in compliance with the provisions of
(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.
W-MR_11[9lq
(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, 1998. At this point in 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 that the church facility was
processed under allows compact parking stalls (7.— feet by 15 feet) and
dimensions of the standard parking stalls at 8 feet wide by 18 deep 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 special circumstances such as: previously approved and
existing on-site parking with reduced stall dimensions; the original approval
permitting compact parking; site constraints related to topography; the project
site's triangular shape; and the existing on-site structures; the strict applicat ion of
the Development Code denies the property owner privileges currently enjoyed on-
site and by other church facilities in the vicinity and under identical zoning
districts.
(m) 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
Granting the Variance is 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
1-ir r --P7MZ
need for optimum traffic flow. Additionally, there is not an applicable 6'plan for the
area in which the speci
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, and with circumstances as referenced above in Items
(g) , (h) , (i) and Q) , 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. Additionally, with the reduction of street parking on Diamond Bar Boulevard,
traffic flow on Diamond Bar Boulevard will be improved and the clear line of site
for turning onto Diamond Bar Boulevard from Cherrydale and Crooked Creek
Drives will be improved.
(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, 1959.
TREE PERMIT (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.
M 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.
Due to the project site's constraints (i.e., topography, lot configuration and
existing structures) as referenced above in Item (1), the property owner's
reasonable use and enjoyment of the project site is compromised. As a result of
adding 34 on-site parking stalls, which will assist in reducing street parking on
Diamond Bar Boulevard and adjacent residential streets, the removal of one
California Pepper tree, four Coast Live Oak trees and other large trees will occur.
Pursuant to the City's Development Code, the applicant will be required to
replace the Coast Live Oak trees and the California Pepper tree at a 3:1 ratio,
minimum 24 -inch box size on-site. The applicant will also be required to install
other trees, minimum 24-inch,box, fast growing and Evergreen. Also required will
be shrubs and ground cover. Said plant material will 'be installed within the
remaining knoll and within the 20 foot wide buffer area adjacent to the northerly
and westerly property lines of the project site.
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, landscape/ irrigation
plan and parking lot lighting plan/study 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 mai"a'ined 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
landscape/ irrigation plan for the City's review and approval delineating the
following:
(1) The location of the three, minimum 24 -inch box size, replacement
(2) The location of the minimum 24 -inch box size, replacement Coast Live
Oak trees;
(3) The species, size, quantity and location of fast growing Evergreen trees at
a minimum 24 -inch box size; and
(4-) The species, size quantity and location of fast growing shrubs and
Said plant material shall be installed within the remaining portion of the
knoll and the 20 wide buffer area adjacent to the northerly and westerly
property lines of the project site. This plant material shall provide dense
screening for adjacent properties in order to attenuate problems related
to light, privacy and view. This plant material shall be installed prior to
final inspection or Certificate of Occupancy of the main sanctuary. The
landscape/irrigation plan shall be approved before the issuance of any
City permits related to this project.
(d) 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 replacement California Pepper and
Coast Live,Oak trees shall be supervised by a certified arborist. Additionally, -
a 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) Tree removal and 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.
Q) Applicant shall comply with State Handicap Accessibility Regulations (i.e., van
parking, shortest route to accessible entrance, shortest pedestrian route to the
closest pedestrian entrance, restrooms, ramps, elevators etc.)
W 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 —,4 utilizing the main sanctuary current
under construction.
`1+am
(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, 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:
(b) Forthwith transmit a certified copy of this Resolution,
by certified mail,- to: Reverend Mark Hopper, Evangelical Free Church, 3255 S.
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: Nelson, Ruzicka, McManus, Kuo NOES: None
Al3SENT: None ABST N: Tye ATTEST:
James DeStefa.1o, Secretary
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