HomeMy WebLinkAboutPC 2003-07PLANNING COMMISSION
RESOLUTION NO. 2003-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
DIAMOND BAR APPROVING MITIGATED NEGATIVE DECL RATI
NO. 2002-09, CONDITIONAL USE PERMIT NO. 2002-08, AND V RIAIS
NO. 2002-03 PERMITTING THE USE OF AN EXISTING 20,140 SQU RE FC
BUILDING FOR A CHURCH, ALLOWING LESS THAN THE IN1M
NUMBER OF REQUIRED ON-SITE PARKING SPACES. THE PROJ CT S
IS LOCATED AT 23425 SUNSET CROSSING ROAD {APN 8706001-01
DIAMOND BAR, CALIFORNIA
I. RECITALS
A. WHEREAS, the applicant, Global Mission Church (Daniel Kim), acting as the
agent for the property owner, Diamond Bar Properties (NoraRipper), has
filed an application for Conditional Use Permit 2002-08, Variance 2002-03
and Mitigated Negative Declaration No. 2002-09 for property locatec at
23425 Sunset Crossing Road, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Conditional Use Permit 2002-08,
Variance 2002-03 and Mitigated Negative Declaration No. 2002-09 shall be
referred to as the "Application."
B. WHEREAS, on October 8, 2002, the project site was posted with a requi ed
display board and public notices were posted in three public places. Dn
October 9, 2002, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Daily Bulletin
newspapers. Furthermore, public hearing notices were mailed to
approximately 103 property owners of record within a 700 -foot adios of he
project.
C. WHEREAS, the Community and Development Services Department
determined that the proposed project represents a consistent, logical,
appropriate development of the subject property that furthers the goals
objectives of the City's adopted General Plan.
D. WHEREAS, on January 28, 2003, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing. At that tim , the public
hearing was continued to February 25, 2003, and was concl ded on t e
Application.
E. WHERAS, the Planning Commission has reviewed and considered the
environmental information relevant to the proposed project prepared in
accordance with the provisions of the California Environmental Quality Act
(CEQA).
F. WHEREAS, the Planning Commission has carefully reviewed and
considered all of the evidence presented in connection with the hearing on
the Application, including but not limited to the staff report, all environmental
data, and all written and oral testimony presented.
11. RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
finds and determines as follows:
A. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part 1 of this Resolution are true and correct.
B. This project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). The environmental review concludes
that the proposed project has been fully evaluated in Mitigated Negative
Declaration No. 2002-09. The Planning Commission has determined that the
adoption of a Negative Declaration for the proposed project mitigates all
potential impacts to a level of non -significance and that the review represents
the independent judgment of the City. The mitigation measures set forth in
the Mitigated Negative Declaration are included as conditions of approval of
this proposed project. 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.
C. Project Description
Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
1. The project relates to a parcel of land located at 23425 Sunset
Crossing Road, (APN 8708-001-008), Diamond Bar, California. The
subject site has approximately 40,750 -square feet of land area and
developed with a two story building of approximately 20,140 square
feet.
2. The project site has a General Plan Land Use designation of
Commercial/Office and a zoning destination of CM (Commercial
Manufacturing).
3. Generally, the site is surrounded to the north, south and west by
commercial/office zoned and developed property. The property to the
2
1
1
1
east is zoned R-3 (8,000) and developed with condomihium
units.
4. The application is a request to use the existing 20,140
for church purposes. In addition, the applicant is req
the City's on-site parking requirements.
D. Conditional Use Permit
Pursuant to Section 22.58.040 of the Diamond Bar Develo
Planning Commission finds:
N
JWE Hing
building
relief of
Code] the
1. The proposed use is allowed within the subject zoning d strict with the
approval of a Conditional Use Permit and provided that it complies
with other applicable provisions of this Development Code and the
Municipal Code;
The proposed church is a conditionally permitted use with the CM
zoning district. The project has been designed to meet or exceed the
development standards set forth in the Development Code with the
exception that the number of on-site parking spaces is less t an
required. A request for a variance from the parking s ndardsas
been filed with the City.
2. The proposed use is consistent with the General Plan and
applicable specific plan;
On July 25, 1995, the City adopted its General Plan, and the
proposed project complies with the General Plan land use goals,
objectives and strategies. Furthermore, the proposed use as
conditioned herein, promotes the General Plan Land Use objective of
allowing a diversity of commercial/service oriented develmeat ty es
under certain conditions.
3. The design, location, size and operating characteristics ofhe
proposed use are compatible with the existing and future land use in
the vicinity;
The minor site and building improvements enhance the aesthetic
appearance of the building and such improvements are compatible
with the adjoining neighboring properties. The conditions imposed on
the operating procedures and parking facilities will ensure that I he
development minimizes any potential negative impa is on e
adjacent or surrounding properties.
4. The subject site is physically suitable for the type and den ity
of use being proposed including access, provision of
3
compatibility with adjoining land uses, and the absence of physical
constraints;
The approximate 40,750 -square foot site developed with a 20,140 -
square foot two-story building is adequate to accommodate the
proposed church use. The site has access to a fully improved public
right-of-way. The site is connected to the City's sewer system that
has been determined to be adequate to serve the intended use of
land. Approval of the Conditional Use Permit would have no impact
on these services.
5. Granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
persons, property, or improvements in the vicinity and zoning district
in which the property is located;
Before the issuance of City development permits and/or a Certificate
of Occupancy, the proposed project is required to comply with all
conditions set forth in this resolution and the Building and Safety
Division, Public Works Division, and Fire Department requirements.
The referenced agencies through the permit and inspection process
will ensure that the proposed project will not be detrimental to the
public health, safety qr welfare nor will it be materially injurious to the
properties or improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The appropriate environmental analysis, in compliance with the
requirements of the California Environmental Quality Act (CEQA), has
been conducted. Based on that assessment, a Mitigated Negative
Declaration of Environmental Impact was prepared and is made part
of this administrative record.
E. Variance
In accordance with Section 22.54.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission finds that the
following findings have been justified and upheld in the affirmative because
of the recommended conditions of approval regarding operating procedures,
site and building improvements and on and off-site safety measures:
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 an
unnecessary and non -self created, hardship or unreasonable
regulation which make it obviously impractical to requite compliance
with the development standards;
The size, type, configuration, number of existing parking spaces
and
current zoning designation limits the available options f ran adaptive
re-use%ccupancy of the building. Because of the unique size, shape
and topography of the property and its improvements, t is infeasible
to provide on-site parking that meets the Diamond Bar Oevelopment
Code requirements. This is a typical, as other CM zoned lots ir,
the
immediate vicinity have been designed with adequate on-site parking
to meet the Code in existence at the time of the building construe
ion.
2. 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 cenied to
the
property owner for which the Variance is sought;
The granting of the Variance would allow the applicant to utilize
the
property for a reasonable use of land. The size of the exis
ing
building and its location are not desirable for commercial uses.
he
limited number of off-street parking spaces makes the existing fa
ility
' unacceptable for traditional commercial uses of land. Theproposed
use as a church would not impact the existing surrounding
development because the hours of operation for the church would
not
be during normal business hours. Thus, competition foraccess to
the
existing off-street parking facilities would not occur. The pplicant
as
indicated that the size of the church congregation will be limitea
so
that demand for off-street parking will be controlled. When
the
available resources become impacted, the church w 1 modify
its
operation. This approach to managed development can only
be
accomplished by the City through the use of Condition Use Per
nit.
The historic unrestricted use of the site as a private gy nasium i
as
impacted the surround neighborhood. The proposed restricted us
of
the existing substandard property is a reasonable approach
to
achieving land use compatibility in the neighborhood.
3. Granting the Variance is consistent with the General Plan and
ny
applicable specific plan;
Due to the aforementioned physical characteristics of the lot 6 nc
improvements, strict application of development standards in this cz se;
would place an undue hardship on the applicant to reasonably L s6
the site in this manner. Furthermore, based on t e existhg
development size, configuration and improvements, which create, a
unique physical characteristic as it relates to the Code rel 7uiremen s,
the proposal is not contradictory to the intent of the City's
5
development standards, and would be appropriate for the intended
use of the property. Also, the required conditions for securing parking
and limiting the activities prevent potential negative impacts, and the
intent of the Code will still be satisfied.
4. The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City; and
The intended use is conditionally permitted in the CM zone. Also,
adequate conditions have been imposed to ensure the operation is not
detrimental to the public interest, health, safety, convenience or
welfare. Additionally, the site is adequately served with the required
water, sanitation, and public utilities. Approval of the Variance would
have no impact on these services.
5. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The appropriate environmental analysis, in compliance with the
requirements of the California Environmental Quality Act (CEQA), has
been conducted. Based on that assessment, a Mitigated Negative
Declaration of Environmental Impact was prepared and is made part
of this administrative record.
F. Off -Street Parking Reductions {Section 22.54.040.8 DBDC
A variance to reduce the required amount of off-street parking shall only
be approved when the following findings can be made:
The intent of the parking regulations is to ensure that sufficient
parking will be provided to serve the intended use and potential future
uses of the subject site;
The applicant is required to enter into and record a parking agreement
with the adjacent property owner to accommodate the anticipated
parishioners. This agreement will provide 140 additional parking
spaces for church use. The parking spaces will be made available to
the church on Sundays between 7:00 a.m. and 11:00 p.m. and on
weeknights from 6:30 p.m. to 11:00 p.m. fora period of 20 years. The
property addressed as 556 N. Diamond Bar Blvd. is developed with
an office building. The associated off-street parking lot is purported to
contain 184 surface parking spaces. Use of 140 spaces will bring the
total number of available spaces for the church to 200 spaces. With
the additional parking, a parking deficiency will still occur. However,
the conditions of approval for this project places restrictions on extra
activities, requires additional services thereby puffing less of a parking
demand at any one particular time, church members directing and
1
1
monitoring parking to effectively prevent on -street parking and a
$10, 000.00 cash bond for parking enforcement. Itis anticipated that
these restrictions along with the parking agreement will provide
sufficient on-site parking at all times. Therefore, the adjacent
neighborhood will not be affected.
Additionally, restrictions have been placed on extr activiti to
ensure sufficient on-site parking is available at all tim S. There ore,
the adjacent neighborhood will not be affected.
2. A Parking Permit is approved in compliance with Section 22.030 050
(Reduction of Off -Street Parking Requirements for Shared Uses).
The applicant is required, as a condition of approval,to record a
mutual shared parking agreement with the adjoining property o er.
The permit to operate a church on the subject propertY will onl be
valid as long as the parking agreement is in existence.
F. Based upon the findings and conclusion set forth above, hePlanling
Commission hereby approves this Application subject to hefoloing
conditions:
1. The project shall substantially conform to site plan, floor plans, nd
elevation plans collectively labeled as Exhibit "A" as pre ented to the
Planning Commission on February 25, 2003 and as amended her in.
2. The site shall be maintained in a condition, which is fi
both during and after the construction, addition, or imple
the entitlement granted herein. The removal of all trash
refuse, whether during or subsequent to construction s
only by the property owner, the applicant or by a duly per
contractor, who has been authorized by the City to provi(
transportation, and disposal of solid waste from
commercial, construction, and industrial areas within the
be the applicant's obligation to insure that the waste contr
has obtained permits from the City of Diamond Bar to f
services.
3. The applicant shall be required to submit to the Pianninc
review and approval a detailed landscape/irrigation pla
landscaping of the site in accordance with the ap
plan/conceptual landscape plan. The plan shall provide
of grasses and ground cover, flowering plants, and shrub
All landscaping and irrigation shall be installed prior to the
a Certificate of Occupancy.
7
�e of deris
ientatio of
debris, nd
all bed ne
collecti
resident
;ity. It sl
Ctor utili,
ovide si
Division or
for the �e-
gr a
and
of
4. All signs require a separate review, fee and approval, which shall be
in compliance with the provisions of the City's Sign Ordinance
(Chapter 22.36).
5. The site shall be repaved, to include the property owner's portion of
the alley, and parking lot re -striped in accordance with City standards
prior to issuance of a Certificate of Occupancy. In addition, the
applicant shall paint the curb red on both sides of the alley. All
existing site lights shall be kept in good operating condition and
positioned so as to prevent glare onto adjacent neighboring
properties.
6. All events and activities shall take place within the confines of the
building.
7. No use shall be made of Applicant's facilities other than uses that are
directly related to church activities, specifically worship services,
religious schools, and member study and church related meetings.
Applicant agrees that it shall not operate a nursery school, toddler
school, "Mommy and Me" program, parenting program, or child care
center at the subject site.
8. The Applicant shall not be leased or license use of its facilities,
including its parking lot, to any third party other than that specified in
the shared parking agreement.
9. Applicant's members shall refrain from parking on the public street at
all times. Applicant's members will be instructed in writing to park
only on its parking lot and adjoining site pursuant to the Parking
Agreement. Applicant will use at least four (4) church
members/volunteers to direct parking on the church parking lot and on
the adjacent reciprocal parking spaces in conjunction with all church
services, religious education, and church related meetings, and to
prevent any on -street parking.
10. Applicant shall deposit a $10,000 cash bond for parking enforcement
to be utilized by the City at its discretion to monitor and enforce the
off-street parking requirements as set forth in this permit in the event
Applicant's use of the site negatively impacts the surrounding
neighborhood. The Applicant shall be given a ten day notice that the
City intends to utilize the deposited funds for enforcement of the
provisions of this entitlement.
11. The applicant shall enter into a parking agreement with the adjacent
property owner (556 Diamond Bar Boulevard) for the use of 140
parking spaces. The document shall be submitted to the City for
E:3
1
11
review and approval prior to recordation. The agreement shall
in effect so long as the church is in operation at this location.
12. In the event that the off-street parking facilities become insufficient to
meet the parking needs of this facility, the Applicant shall Make
whatever operation adjustments that may be necessary to mitigate
negative impacts on the surrounding neighborhood to include the
addition of a worship service.
13. No wedding or funeral shall be permitted at the site when
it ca
i be
anticipated that demand for off-street parking exceeds the
numb
r of
spaces made available for this use of land.
14. The existing building and site shall be remodeled in accordance
ction 71
ith
the submitted plans. All construction activity shall be
in confor
ity
with the requirements and limitations of the City of
Diamond
Bar
Municipal Code as implemented by the Building and Safety
Divi
ion.
15. The applicant shall provide handicapped access to the second
floor
of
the structure in accordance with ADA requirements to the
satisfaction
of the City's Building Official.
16. in accordance with the Department of Fish and Game S
ction 71
.4,
the applicant shall remit to the City, within five days cf
this grant's
approval, a cashier's check of $25.00 for a documentary
handling
fee
in connection with Fish and Game Code requirements.
17. This entitlement is valid for two (2) years and shall be exerd
(i.e., construction shall commence) within that pe iod or
entitlement shall automatically expire. A one (1) year extension r
be approved when submitted to the City in writing at least 60 d
prior to the expiration date. The Planning Commission r ay cons
the extension request at a duly noticed public hearing in accorda
with Chapter 22.72 of the City of Diamond Bar Develop ent Cc(
18. This entitlement shall not be effective for any purpose until
permittee and owner of the property involved (if other than
permittee) have filed, within fifteen (15) days of the approval dat(
the City of Diamond Bar Community and Development Servi
Department, their affidavit stating that they are aware E nd agre+
accept all the conditions of this grant. Further, this grE nt shall
become effective until the permittee pays any ren aining I
processing fees.
19. Applicant shall certify to the City of Diamond B r Plann
Commission annually, the total number of Applicant's me bers, st
and services to ensure adherence to all conditions of a r)roval.
9
ay
at
to
20. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodical
review. If non-compliance with conditions of approval occurs, the
Planning Commission may review the Conditional Use Permit and
additional operational conditions may be added.
G. 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 Diamond Bar Properties (Nora Ripper), 9454 Wilshire Boulevard,
Suite 602, Beverly Hills, CA 90212 and Global Mission Church (Daniel
Kim), 3032 Hacienda Boulevard, Hacienda Heights, CA 91745
APPROVED AND ADOPTED THIS THE 25TH DAY OF FEBRUARY 2003,
BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: - -
J e Ruzi a, 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 25th day
of February 2003, by the following vote:
AYES: Commissioners: Nolan, Tanaka, Nelson, V/C Tye, C/Ruzicka
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
James De tefano, Secretary
10
'LANNING COMMISSION RESOLUTION NO. 2003-07
A RESOLUTION OF THE PLANNING COMMISSION OF TH CITY
DIAMOND BAR APPROVING MITIGATED NEGATIVE DECL R NT NO.
2002-09, CONDITIONAL USE PERMIT NO. 2002-08, AND V R Af NO.
2002-03 PERMITTING THE USE OF AN EXISTING 20,140 SQL RE F(
BUILDING FOR A CHURCH, ALLOWING LESS THAN THE ININ
NUMBER OF REQUIRED ON-SITE PARKING SPACES. THE P OJ CT
E IS LOCATED AT 23425 SUNSET CROSSING ROAD (APN 87 001-0
DIAMOND BAR, CALIFORNIA
RECITALS
A. WHEREAS, the applicant, Global Mission Churclfi (Daniel
agent for the property owner, Diamond Bar Properties (Nora
Ripper),
a
filed an application for Conditional Use Permit 2002-08, Varia
ce 2002-03
and Mitigated Negative Declaration No. 2002-09 for proper
y locat
a
23425 Sunset Crossing Road, Diamond Bar, Los Angeles Coun
, Califor
ia.
Hereinafter in this Resolution, the subject Conditional Use Per
it 2002
D
Variance 2002-03 and Mitigated Negative Declaration No. 2001
-09 shal
b
referred to as the "Application."
B. WHEREAS, on October 8, 2002, the project site was posted wih
a required
display board and public notices were posted in three publi
places.
n
October 9, 2002, notification of the public hearing for this
project
a
provided in the San Gabriel Valley Tribune and Inland D
it Bull
tin
newspapers. Furthermore, public hearing notices were
mailecl
t
approximately 103 property owners of record within a 700 -foot
adius ol
h
-oject.
C. WHEREAS, the Community and Development Services Dep rtment
determined that the proposed project represents a consistent, logical,
appropriate development of the subject property that furthers the goals
objectives of the City's adopted General Plan.
D. WHEREAS, on January 28, 2003, the Planning Commission o the City of
Diamond Bar conducted a duly noticed public hearing. At that tim , the put lic
hearing was continued to February 25, 2003, and was concl ded on tie
Application.
E. WHERAS, the Planning Commission has reviewed and considered
environmental information relevant to the proposed project prepare
accordance with the provisions of the California Environmental Quality
(CEQA).
F. WHEREAS, the Planning Commission has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the Application,
including but not limited to the staff report, all environmental data, and all
written and oral testimony presented.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
finds and determines as follows:
A. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part 1 of this Resolution are true and correct.
B. This project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). The environmental review concludes
that the proposed project has been fully evaluated in Mitigated Negative
Declaration No. 2002-09. The Planning Commission has determined that
the adoption of a Negative Declaration for the proposed project mitigates
all potential impacts to a level of non -significance and that the review
represents the independent judgment of the City. The mitigation measures
set forth in the Mitigated Negative Declaration are included as conditions
of approval of this proposed project. 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
C. Project Description
Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
The project relates to a parcel of land located at 23425 Sunset
Crossing Road, (APN 8706-001-008), Diamond Bar, California. The
subject site has approximately 40,750 -square feet of land area and
developed with a two story building of approximately 20,140 square
feet.
2. The project site has a General Plan Land Use designation of
Commercial/Office and a zoning destination of CM (Commercial
Manufacturing).
3. Generally, the site is surrounded to the north, south and west by
commercial/office zoned and developed property. The property to the
K
east is zoned R-3 (8,000) and developed with condomi units. iwm
4. The application is a request to use the existing 20,140 s
for church purposes. In addition, the applicant is requf luare bui
the City's on-site parking requirements.
ding sting
reli f of V
D. Conditional Use Permit Code the
strict wit the
Pursuant to Section 22.58.040 of the Diamond Bar t it com lies
Planning Commission finds: ode and the
with the CM
The proposed use is allowed within the subject r excee the
zoning approval of a Conditional Use Permit and ode with the
provided t with other applicable provisions of this is less t an
Development Municipal Code; 3ndards asan and ny
The proposed church is a conditionally permitted use rn, and he '
zoning district. The project has been designed to meet use go Is,
c development standards set forth in the Development -ed use as
ectiv of
C exception that the number of on-site parking spaces objbjent types
required. A request for a variance from the parking sl tics of he
been filed with the City.
and use in
2. The proposed use is consistent with the General P applicable specific plan;
On July 25, 1995, the City adopted its General
proposed project complies with the General Plan ,
objectives and strategies. Furthermore, the prc
conditioned herein, promotes the General Plan Land
allowing a diversity of commerciallservice oriented
de- under certain conditions.
3. The design, location, size and operating characteri, proposed
use are compatible with the existing and future the
vicinity;
The minor site and building improvements enhance 1
appearance of the building and such improvements an
with the adjoining neighboring properties. The
conditiorn the operating procedures and parking that
facilities will en„ development minimizes any potential on
negative impi adjacent or surrounding properties.
4. The subject site is physically suitable for the type and der of use being proposed
ncluding access, provision
compatibility with adjoining land uses, and the absence of physical
constraints;
The approximate 40,750 -square foot site developed with a
20,140square foot two-story building is adequate to accommodate
the proposed church use. The site has access to a fully improved
public right-of-way. The site is connected to the City's sewer system
that has been determined to be adequate to serve the intended use
of land. Approval of the Conditional Use Permit would have no
impact on these services.
Granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
persons, property, or improvements in the vicinity and zoning district
in which the property is located;
Before the issuance of City development permits andlor a Certificate
of Occupancy, the proposed project is required to comply with all
conditions set forth in this resolution and the Building and Safety
Division, Public Works Division, and Fire Department requirements.
The referenced agencies through the permit and inspection process
will ensure that the proposed project will not be detrimental to the
public health, safety gr welfare nor will it be materially injurious to the
properties or improvements in the vicinity.
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The appropriate environmental analysis, in compliance with the
requirements of the California Environmental QualityAct (CEQA),
has been conducted. Based on that assessment, a Mitigated
Negative Declaration of Environmental Impact was prepared and is
made part of this administrative record.
E. Variance
in accordance with Section 22.54.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission finds that the
following findings have been justified and upheld in the affirmative because
of the recommended conditions of approval regarding operating
procedures, site and building improvements and on and off-site safety
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
unnecessary and non -self created, hardship or
regulation which make it obviously impractical to
requii with the development standards;
The size, type, configuration, number of existing
parkir, currentzoning designation limits the available -an
options f re-use%ccupancy of the building. Because ai 'Si
of the unigL and topography of the property and its ze
improvements, to provide on-site parking that meets
the Diamond Bar Code requirements. This is a typical, lots id the
as other CM zor immediate vicinity have been
designed with adequate o to meet the Code in
he lot Ic 2. Granting the Variance is necessary for the pres rvation nd enjoyment of
d �n this c 3 substantial property rights possessed by the r pro rty owners in the
same vicinity and zoning district and enied to the property owner for
nabl which the Variance is sought;
`a exist
✓v h create The granting of the Variance would allow the applicant to utiliza
e uiremen s, property for a reasonable use of land. The size of the exi.
building and its location are not desirable for commercial uses.
:)f the Cit e limited number of off-street parking spaces makes the e isting fa
unacceptable for traditional commercial uses of land. The prop(
use as a church would not impact the existing surroun
development because the hours of operation for the chu ch
wouh be during normal business hours. Thus, competition for
Is ccess t( existing off-street parking facilities would not occur. The
pplicarn indicated that the size of the church congregation will e
limite, that demand for off-street parking will be controlled.
When available resources become impacted, the church will
modifj operation. This approach to managed development an
onl) accomplished by the City through the use of a Conditional
Use Pe, The historic unrestricted use of the site as a private gy
nasium impacted the surround neighborhood. The proposed res
ricted us the existing substandard property is a reasonable
pproacl achieving land use compatibility in the neighborhood.
3. Granting the Variance is consistent with the General P -an and
applicable specific plan;
Due to the aforementioned physical characteristics
improvements, strict application of development°f
standa would place an undue hardship on the
applicant to r the site in this manner. Furthermore,
based o development size, configuration and
improvements, unique physical characteristic as it
relates to the Code the proposal is not contradictory
so
Ili
0
f
development standards, and would be appropriate for the intended use of the
property. Also, the required conditions for securing parking and limiting the
activities prevent potential negative impacts, and the intent of the Code will still bE
satisfied.
4. The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City; and
The intended use is conditionally permitted in the CM zone. Also,
adequate conditions have been imposed to ensure the operation is
not detrimental to the public interest, health, safety, convenience or
welfare. Additionally, the site is adequately served with the required
water, sanitation, and public utilities. Approval of the Variance would
have no impact on these services.
5. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The appropriate environmental analysis, in compliance with the
requirements of the Califomia Environmental QualityAct (CEQA),
has been conducted. Based on that assessment, a Mitigated
Negative Declaration of Environmental Impact was prepared and is
made part of this administrative record.
F. Off -Street Parking Reductions (Section 22.54.040.8 DBDC
A variance to reduce the required amount of off-street parking shall only be
approved when the following findings can be made:
The intent of the parking regulations is to ensure that sufficient parking
will be provided to serve the intended use and potential future uses of
the subject site;
The applicant is required to enter into and record a parking
agreement with the adjacent property owner to accommodate the
anticipated parishioners. This agreement will provide 140 additional
parking spaces for church use. The parking spaces will be made
available to the church on Sundays between 7:00 a.m. and 11.00
p.m. and on weeknights from 6.30 p.m. to 11.00 p.m. fora period
of20 years. The property addressed as 556 N. Diamond Bar Blvd. is
developed with an office building. The associated off-street parking
lot is purported to contain 184 surface parking spaces. Use of 140
spaces will bring the total number of available spaces for the church
to 200 spaces. With the additional parking, a parking deficiency will
still occur. However, the conditions of approval for this project
places restrictions on extra activities, requires additional services
thereby putting less of a parking demand at any one particular time,
monitoring parking to effectively prevent on -street arkin, is a
$10,000.00 cash bond for parking enforcement. It is a ticip< that
these restrictions along with the parking agreement will vid
sufficient on-site parking at all times. Therefore, the
neighborhood will not be affected.
Additionally, restrictions have been placed on / to
ensure sufficient on-site parking is available at all
the adjacent neighborhood will not be affected.
A Parking Permit is approved in compliance with Sectio 22.030
(Reduction of Off -Street Parking Requirements for Sh red Use;
The applicant is required, as a condition of approva to r
mutual shared parking agreement with the adjoining pr pert]
The permit to operate a church on the subject propert will be
valid as long as the parking agreement is in existence.
F. Based upon the findings and conclusion set forth above, he Plan
Commission hereby approves this Application subject to -he folloi
conditions:
The project shall substantially conform to site plan, floor plans,
elevation plans collectively labeled as Exhibit "A" as pre ented t<
Planning Commission on February 25, 2003 and as amended he
2. The site shall be maintained in a condition, which is free of di both
during and after the construction, addition, or imple entatic the
entitlement granted herein. The removal of all trash debris, °
refuse, whether during or subsequent to construction s all be c
only by the property owner, the applicant or by a duly per itted
w contractor, who has been authorized by the City to provi e
collec transportation, and disposal of solid waste from resider
commercial, construction, and industrial areas within the City. It;
be the applicant's obligation to insure that the waste contr ctor
util has obtained permits from the City of Diamond Bar to rovide
services.
The applicant shall be required to submit to the Planning
Division review and approval a detailed landscape/irrigation pla
for the landscaping of the site in accordance with the approved :
plan/conceptual landscape plan. The plan shall provide or a vari
of grasses and ground cover, flowering plants, and shrub and tre
All landscaping and irrigation shall be installed prior to the
issuancE a Certificate of Occupancy.
rA
4. All signs require a separate review, fee and approval, which shall be in
compliance with the provisions of the City's Sign Ordinance
(Chapter 22.36).
5. The site shall be repaved, to include the property owner's portion of the
alley, and parking lot re -striped in accordance with City standards
prior to issuance of a Certificate of Occupancy. In addition, the
applicant shall paint the curb red on both sides of the alley. All
existing site lights shall be kept in good operating condition and
positioned so as to prevent glare onto adjacent neighboring
properties.
6. All events and activities shall take place within the confines of the building.
7. No use shall be made of Applicant's facilities other than uses that are
directly related to church activities, specifically worship services,
religious schools, and member study and church related meetings.
Applicant agrees that it shall not operate a nursery school, toddler
school, "Mommy and Me" program, parenting program, or child care
center at the subject site.
B. The Applicant shall not be leased or license use of its facilities,
including its parking lot, to any third party other than that specified
in the shared parking agreement.
Applicant's members shall refrain from parking on the public street
at all times. Applicant's members will be instructed in writing to park
only on its parking lot and adjoining site pursuant to the Parking
Agreement. Applicant will use at least four (4) church
members/volunteers to direct parking on the church parking lot and
on the adjacent reciprocal parking spaces in conjunction with all
church services, religious education, and church related meetings,
and to prevent any on -street parking.
10. Applicant shall deposit a $10,000 cash bond for parking enforcement
to be utilized by the City at its discretion to monitor and enforce the
off-street parking requirements as set forth in this permit in the
event Applicant's use of the site negatively impacts the surrounding
neighborhood. The Applicant shall be given a ten day notice that the
City intends to utilize the deposited funds for enforcement of the
provisions of this entitlement.
11. The applicant shall enter into a parking agreement with the adjacent
property owner (556 Diamond Bar Boulevard) for the use of 140
parking spaces. The document shall be submitted to the City for
review and approval prior to recordation. The agreeme t shall re ain in effect so long as the
church is in operation at this location.
12. In the event that the off-street parking facilities become insufficient to
meet the parking needs of this facility, the Applica t shall ake
whatever operation adjustments that may be necessary to mitigate
negative impacts on the surrounding neighborhood t includ the
addition of a worship service.
13. No wedding or funeral shall be permitted at the site
anticipated that demand for off-street parking exceeds
spaces made available for this use of land.
14. The existing building and site shall be remodeled in ac,
the submitted plans. All construction activity shall be
with the requirements and limitations of the City of
Municipal Code as implemented by the Building and S
15. The applicant shall provide handicapped access to the
structure in accordance with ADA requirements to th
City's Building Official.
✓en it c11fi I
I numI r
>nd flor
sfaltion
16. In accordance with the Department of Fish end Ga
to
to
the applicant shall remit to the City, within five daydf this gr nt':
approval, a cashier's check of $25.00 for a documentar hand Iin, feE
in connection with Fish and Game Code requirements.
17. This entitlement is valid for two 2 ears and shal
e exerc
ed
i.e., construction shall commence within that p,
iod oi
his
entitlement shall automatically expire. A one 1 year E
tensior
a
be approved when submitted to the City in writing at le
ast 60 c
ay
prior to the expiration date. The Planning Commission
ay cons i
de
the extension request at a duly noticed public hearing i
accorde
is
with Chapter 22.72 of the City of Diamond Bar Develop
ent Coc
e.
18. This entitlement shall not be effective for any pur
se until
h
permittee and owner of the property involved if ott
er than
h
permittee) have filed, within fifteen (15) days of the appr
oval,
date
a
the City of Diamond Bar Community and Developme
nt Service
Department, their affidavit stating that they are aware
nd
agree
t
accept all the conditions of this grant. Further, this gr
nt shall
o
become effective until the permittee pays any r
ainin
it
processing fees.
19. Applicant shall certify to the City of Diamond B
r Plann
n
Commission annually, the total number of Applicant's me
bers, st
ff,
and services to ensure adherence to all conditions of a
proval.1
20. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodical
review. If non-compliance with conditions of approval occurs, the
Planning Commission may review the Conditional Use Permit and
additional operational conditions may be added.
G. 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
Diamond Bar Properties (Nora Ripper), 9454 Wilshire Boulevard, Suite
602, Beverly Hills, CA 90212 and Global Mission Church (Daniel Kim),
3032 Hacienda Boulevard, Hacienda Heights, CA 91745
APPROVED AND ADOPTED THIS THE 25T" DAY OF FEBRUARY 2003, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
fis
.L2 __
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 25"' day
of February 2003, by the following vote:
ATTEST:
AYES: Commissioners: Nolan, Tanaka, Nelson, WC Tye, C/Ruzicka NOES:
None
ABSENT: None ABSTAIN: None
1