HomeMy WebLinkAboutPC 2006-17PLANNING COMMISSION
RESOLUTION NO. 2006-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2005-06
DEVELOPMENT REVIEW NO. 2005-33, AND CATEGORICAL
EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN
ADDITION OF APPROXIMATELY 2,700 SQUARE FEET TO AN EXISTING
CHURCH FACILITY. THE PROJECT SITE IS LOCATED AT
400 RANCHERIA ROAD (TRACT 24612, LOT 51), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owner, Northminster Presbyterian Church of Diamond Bar and
applicant, WLC Architects, have filed an application for Conditional Use
Permit No. 2005-06, Development Review No. 2005-33 and categorical
exemption for a property located at 400 Rancheria Road, Diamond Bar, Los
Angeles County, California. Hereinafter in this Resolution, the subject
Conditional Use Permit, Development Review and categorical exemption
shall be referred to as the "Application."
2. On April 24, 2006, public hearing notices were mailed to approximately 178
property owners within a 500 -foot radius of the project site. On April 25,
2006, the project site was posted with a display board and the public notice
was posted in three public places. On April 27, 2006, notification of the
public hearing for this project was provided in the San Gabriel Valley Tribune
and Inland Valley Daily Bulletin newspapers.
3. On May 9, 2006, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt in accordance to Section 15301 (e) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
Planning Commission Resolution No. 2006-17
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 is located at 400 Rancheria Road (Lot 51, Tract
No. 24612), on the northwest corner of Golden Springs Drive and
Rancheria Road. It is approximately 4.95 acres (215,622 square feet)
and developed with a 12,091 square foot church facility. The church
facility was processed by Los Angeles County and construction began
in the late 1960's. The sanctuary, the last building constructed, was
constructed in 1980. The church facility consists of a sanctuary, office
building, two classroom buildings, and fellowship hall.
(b) The project site has a General Plan land use designation of Low
Density Residential (RL) Maximum 3 DU/AC-
(c) The project site is within the Multi -Family Residence -Minimum Lot
Size 8,000 square feet (R-3-8,000) Zone.
(d) Generally, the R-1-8,000, single-family residence zone, and the C-1,
neighborhood commercial zone surrounding the project site.
(e) The Application request is to approve an addition approximately 2,700
square feet for a new fellowship hall and two restrooms. It also
includes dividing the existing fellowship hall into two rooms for adult
education and choir, and converting the stage area in the existing
fellowship hall into a storage room.
Develo meat Review
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments.)
2 Planning commission Resolution No. 2006-17
On July 25, 1995, the City adopted its General Plan. The church
facility was approved by Los Angeles County in the late 1960's prior
to the adoption of the General Plan. Built in phases, construction
began in the late 1960's with the sanctuary being the last phase and
built in 1950. The church facility consists of a sanctuary, office
building, two classroom buildings, and fellowship hall. The County's
approval allowed a church facility with night activities and a child day
care nursery. The County's approval required that a minimum 100
parking spaces be provided. Although the church facility was built
prior to the adoption of the General Plan, the use, density, lot size,
adequate parking and access is consistent with the objectives and
strategies of the City's General Plan.
The project site is within the R-1-8, 000 zoning district. Pursuant to the
Development Code, the development standards of the RL zoning
district apply to the project site. The proposed project meets all the
development standards of this zoning district as illustrated in the
comparison matrix within the staff report.
The existing architectural style is contemporary. The proposed 2,700
square foot addition will continue the existing architectural style. The
proposed colors and materials are off-white stucco, medium blue
fascia and canopy to match existing structures on the site and
gray/brown concrete roof tile to match the sanctuary's roof. As such,
the proposed project is consistent with the City's Design Guidelines.
(g) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
With the approval and construction of the proposed project, the
current use of the project site will be maintained. The existing on-site
circulation for traffic and pedestrian will not change. As referenced
above in finding (0, the proposed project can be accommodated at
the project site. Additionally, the architectural style, color and
materials proposed will be compatible with the neighborhood. As
such, the proposed project is not expected to interfere with the use
and enjoyment of neighboring existing or future development. The
proposed project is not expected to intensify the existing use to an
extent that will create traffic or pedestrian hazards
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20, Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan.
3
Planning Commission Resolution No. 2006-17
As referenced in Finding (0 and (g) above, the proposed project is
consistent with the development standards of the RL zoning district
and the City's Design Guidelines. There is no specific plan for the
project area.
(I) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance.
As referenced in the above findings (t), (g), and (h), the proposed
project will provide a desirable environment for its occupants and
visiting public as well as its neighbors through good aesthetic use of
materials, texture and color that will remain aesthetically appealing
while offering variety with a low level of maintenance due to the type
of materials used for construction..
(j} The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Department, and
Fire Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(k) The proposed project 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), Section 15301(e), the City has determined that the project
identified above
in categoris Resolution cal exemption reflectstheally exempt.
ndependent
Furthermore, the g
judgment of the City of Diamond Bar.
Conditional Use Permit
(1) The proposed use is 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;
4 Planning Commission Resolution No. 2006-17
According to permits on file from Los Angeles County, the church
facility was approved by Los Angeles County in late 1960's and built
in phases with the sanctuary being the last phase and built in 1980.
The County's approval allowed a church facility with night activities
and a child day care nursery. The County's approval required that a
minimum 100 parking spaces be provided.
Currently, the proposed use is allowed in the R-3-8,000 zoning district
where the RL development standards apply with the approval of the
Conditional Use. Permit. The church facility also complies with the
conditions of approval of the original Conditional Use Permit. The
purpose of the current Conditional Use Permit application is to modify
the existing approval to allow the 2,700 square foot addition.
The proposed 2,700 square foot addition meets all the applicable
development standards of the RL zoning district. The addition does
not change the uses within the church facility or intensify the use
significantly.
{m) The proposed project is consistent with the General Plan and
applicable specific plan;
As stated in Finding (t) above, the proposed addition is consistent with
the City's General Plan and there is no applicable specific plan.
(n) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity;
The operational characteristics and activities of the church facility
includes a daily pre-school program, business office hours, aftemoon
youth program and evening adult bible studies. Additionally, the
church hosts community activities during the week such as 'boy/girl
scouts and Red Cross/Blood Drive by appointment only.
The Advantec Consulting Engineers conducted a survey on Sunday,
March 12, 2006. The survey indicated that the highest demand for
parking spaces occurred between 11:00 a.m. and 11:45 a.m. and 96
spaces where needed. The church facility provides 105 parking
spaces. By applying the concept of shared parking and staggering
the hours for each activity, the proposed addition will not require any
additional parking spaces. Furthermore, the City is not aware of any
complaints from the surrounding neighbors related to overflow parking
on to the residential streets. Therefore, stated in this Finding and in
Findings (f), (g, (h), (i) and (1) above, the design, location, size and
operating characteristics of the proposed addition are compatible with
the existing and future land uses in the vicinity.
5
Planning Commission Resolution No. 2006-17
(o) 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;
As stated in Findings (0, (g, (h), (i), (1) and (n) above, the project site
is physically suitable for the type and density/intensity of proposed
addition including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
(p) 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; and
Fire Department approval, structural plan check, City permits and
inspections are required for construction. These processes will ensure
that the finished project 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.
(g) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
Pursuant to the provisions of the California Environmental QualityAcf
(CEQA) Guidelines, Section 15301(e), the City has determined that
the project identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
A. Plannin Division
Prior to final inspection, the applicant shall submit a final
landscape/irrigation plan delineating the replacement of
landscaping and irrigation destroyed during construction. All
landscaping and irrigation shall be installed prior the final
inspection and Certificate of Occupancy issuance.
2. Prior to plan check submittal, the applicant shall submit a detail
drawing showing the transition from the concrete tile roof of the
addition to the adjacent existing asphalt roof for Planning
Division review and approval.
6 Planning Commission Resolution No. 2006-17
3. The applicant shall use advanced scheduling and the
staggering of church activities to avoid the overlapping of said
activities in order to control the parking demand.
4. All church activities and events shall occur within the
boundaries of the project site. All church activities and events
shall not overflow into the adjacent residential neighborhood.
5. 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 Development
Department, their affidavit stating that they are aware 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.
6. 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.
B. Public Works Department
Prior to plan check submittal, the applicant shall submit a
complete drainage plan that accurately reflects the drainage
course/pattern of the entire site including the parking lot for
Public Work/Engineering Department review and approval.
The drainage plan shall show all storm drains, drainage
devices (i.e., concrete swales, v -ditches, etc.,) and catch
basins.
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: North minster Presbyterian Church of Diamond Bar, 400 Rancheria
Road, Diamond Bar, CA 91765, and Mr. Larry Wolff, WLC Architects,
10407 Foothill Boulevard, Rancho Cucamonga, CA 91730
7
Planning Commission Resolution No. 2006-17
APPROVED AND ADOPTED THIS 9Th OF MAY 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe c
cManus, Chairman
I, Nn Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing
Res tion 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 9th day
of May 2006, by the following vote:
AYES: Commissioners: Lee, Everett, Torng, VC/Nelson, Chair/McManus
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST:
Nancy Fo , cting ecretary
8 Planning commission Resolution No. 2006-17
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No 2005-33 and Conditional Use
Permit No. 2005-06 "
SUBJECT: Remodel/2 700 SQ. Ft. Addition to Existing Church Facilit
PROPERTY OWNER: Northminster E) 31 :11111111,Brian Church of Diamond Bar
APPLICANT: Lagy WolffANLC Architects
LOCATION: 400 Rancheria Road
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Re uirements
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review No. 2006-08 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
9
Planning Commission Resolution No. 2006-17
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. 2005-33 and Conditional Use
Permit No. 2005-06, at the City of Diamond Bar Community Development
accept
Department, their affidavit stating that they are aware of and agree tl not be
all the conditions of this approval. Further, this approval
effective until the applicants pay remaining City processing fees, school fees
and fees for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond
Bed B Business
Registration and zoning
approval for those businesses
4. Signed copies of Planning Commission Resolution No. 2006-17,
Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for °qu rid tolbe wet sealed/stamped
amped
arties involved in the
construction/grading activities
by a licensed Engineer/Architect.
ns
5. Prior to plan check, revised site
e submitted fordPlanning Division re vew alnd
ng
all Conditions of Approval shall b
approval.
6. Prior to any use of the project site or business completed activity commenced
thereon, all conditions of approval shall
7. The project site shah be maintained or other
operated aplicabttions,
e compliance
conditions of approval and a
sections
the
8. Approval of this request shall not
lOrdinancelshanld any applo able
Development Code, all other applicable City
Specific Plan in effect at the time of building permit issuance.
g. Site, grading, landscape/irrigation and roof plans, elevations and sections
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and Fire Department.
10 Planning commission Resolution No. 2008-17
B. Fees/Deposits
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. Time Limits
The approval of Development Review No. 2005-33 and Conditional Use
Permit No. 2005-06 shall expire within two years from the date of approval if
the use has not been exercised as defined per Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. Site Development
The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission, collectively attached hereto as
Exhibit "A" dated May 9, 2006, including: site plan, floor plan, roof plan,
architectural elevations, exterior materials and colors, and
landscaping/irrigation plan on file in the Planning Division, the conditions
contained herein and Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
3 To ensure compliance with all conditions of approval and applicable codes,
the Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
4. All roof mounted equipment shall be screened from public view.
11
Planning Commission Resolution No. 2006-17
E
5. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
ownerloccupant.
Solid Waste
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
approved 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 used has obtained permits from the City of Diamond Bar to
provide such services.
Mandatory solid waste disposal services shall be provided by r th of this
City
franchised waste hauler to all parcels/lots or uses affected by app
2
project.
3. Trash receptacles are required annumber of trash receptaclemeet City s shall be subject to
ndards. The final
design, locations, and the numb
Planning Division review and approval prior to the issuance of building
permits.
4. Central trash enclosures shall be equipped with recycling receptacles
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONK T
la
General
An Erosion Control Plan shall bnt of measures. These These concurrently
grading
llbe
plan clearly detailing erosion co er ss and April
implemented during constructiombp nationaween oPallbuta t Discharge Elimination
System
erosion control plan shall conform System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's).
The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer.
Grading and construction activities antransportation
equipment shall gbeplimited to
ment and
materials and operation of heavy grading equMonda through Saturday.
between the hours of 7:00 a.m. and 5:00 p.m., Y g
2
3.
12 Planning Commission Resolution No. 2006-17
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
C. Drainage
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at plan check
submittal.
2. Before construction begins, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements along the
project site's perimeter. This fencing shall remain until the Building Official
approves its removal. The Applicant shall provide temporary sanitation
facilities while under construction.
3. Fire Department approval may be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 112 inch in any dimension except where such openings are
equipped with sash or door.
4. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
5. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
13
Planning Commission Resolution No. 2006-17
6. Project shall comply with energy conservation requirements of the State of
California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
7. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains,
etc. Provide compliance with van accessible parking, path of travel, etc.
8. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
g. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
10. Verify adequate exit requirements. The distance between required exits shall
be 1/2 of the building diagonal.
11. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
12. Specify location of tempered glass as required by code.
13. Specify 114"M slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
14 planning Commission Resolution No. 2006-17
PLANNING COMMISSION
RESOLUTION NO. 2006-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2005-06
DEVELOPMENT REVIEW NO. 2005-33, AND CATEGORICAL
EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN
ADDITION OF APPROXIMATELY 2,700 SQUARE FEET TO AN EXISTING
CHURCH FACILITY. THE PROJECT SITE IS LOCATED AT
400 RANCHERIA ROAD (TRACT 24612, LOT 51), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
The property owner, Northminster Presbyterian Church of Diamond Bar and
applicant, WLC Architects, have filed an application for Conditional Use
Permit No. 2005-06, Development Review No. 2005-33 and categorical
exemption for a property located at 400 Rancheria Road, Diamond Bar, Los
Angeles County, California. Hereinafter in this Resolution, the subject
Conditional Use Permit, Development Review and categorical exemption
shall be referred to as the "Application."
2. On April 24, 2006, public hearing notices were mailed to approximately 178
property owners within a 500 -foot radius of the project site. On April 25,
2006, the project site was posted with a display board and the public notice
was posted in three public places. On April 27, 2006, notification of the
public hearing for this project was provided in the San Gabriel ValleyTribune
and Inland Valley Daily Bulletin newspapers.
3. On May 9, 2006, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt in accordance to Section 15301 (e) of
the California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
Planning Commission Resolution No. 2006-17
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 is located at 400 Rancheria Road (Lot 51, Tract
No. 24612), on the northwest corner of Golden Springs Drive and
Rancheria Road. It is approximately 4.95 acres (215,622 square feet)
and developed with a 12,091 square foot church facility. The church
facility was processed by Los Angeles County and construction began
in the late 1960's. The sanctuary, the last building constructed, was
constructed in 1980. The church facility consists of a sanctuary, office
building, two classroom buildings, and fellowship hall.
(b) The project site has a General Plan land use designation of Low
Density Residential (RL) Maximum 3 DU/AC.
(c) The project site is within the Multi -Family Residence -Minimum Lot
Size 8,000 square feet (R-3-8,000) Zone.
(d) Generally, the R-1-8,000, single-family residence zone, and the C-1,
neighborhood commercial zone surrounding the project site.
(e) The Application request is to approve an addition approximately 2,700
square feet for a new fellowship hall and two restrooms. It also
includes dividing the existing fellowship hall into two rooms for adult
education and choir, and converting the stage area in the existing
fellowship hall into a storage room.
Development Review
M
The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments.)
I
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Planning Commission Resolution No. 2006-17
On July 25, 1995, the City adopted its General Plan. The church
facility was approved by Los Angeles County in the late 1960's prior
to the adoption of the General Plan. Built in phases, construction
began in the late 1960's with the sanctuary being the last phase and
built in 1980. The church facility consists of a sanctuary, office
building, two classroom buildings, and fellowship hall. The County's
approval allowed a church facility with night activities and a child day
care nursery. The County's approval required that a minimum 100
parking spaces be provided. Although the church facility was built
prior to the adoption of the General Plan, the use, density, lot size,
adequate parking and access is consistent with the objectives and
strategies of the City's General Plan.
(9)
The project site is within the R-1-8, 000 zoning district. Pursuant to the
Development Code, the development standards of the RL zoning
district apply to the project site. The proposed project meets all the
development standards of this zoning district as illustrated in the
comparison matrix within the staff report.
The existing architectural style is contemporary. The proposed 2,700
square foot addition will continue the existing architectural style. The
proposed colors and materials are off-white stucco, medium blue
fascia and canopy to match existing structures on the site and
gray/brown concrete roof tile to match the sanctuary's roof. As such,
the proposed project is consistent with the City's Design Guidelines.
The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
With the approval and construction of the proposed project, the
current use of the project site will be maintained. The existing on-site
circulation for traffic and pedestrian will not change. As referenced
above in finding (t), the proposed project can be accommodated at
the project site. Additionally, the architectural style, color and
materials proposed will be compatible with the neighborhood. As
such, the proposed project is not expected to interfere with the use
and enjoyment of neighboring existing or future development. The
proposed project is not expected to intensify the existing use to an
extent that will create traffic or pedestrian hazards
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20, Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan.
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Planning Commission Resolution No. 2006-17
As referenced in Finding (fl and (g) above, the proposed project is
consistent with the development standards of the RL zoning district
and the City's Design Guidelines. There is no specific plan for the
project area.
U)
The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance.
As referenced in the above findings (f), (g), and (h), the proposed
project will provide a desirable environment for its occupants and
visiting public as well as its neighbors through good aesthetic use of
materials, texture and color that will remain aesthetically appealing
while offering variety with a low level of maintenance due to the type
of materials used for construction..
The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Department, and
Fire Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(k) The proposed project 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), Section 15301(e), the City has determined that the project
identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
Conditional Use Permit
(1)
The proposed use is 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;
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Planning Commission Resolution No. 2006-17
According to permits on file from Los Angeles County, the church
facility was approved by Los Angeles County in late 1960s and built
in phases with the sanctuary being the last phase and built in 1980.
The County's approval allowed a church facility with night activities
and a child day care nursery. The County's approval required that a
minimum 100 parking spaces be provided.
(m)
Currently, the proposed use is allowed in the R-3-8, 000 zoning district
where the RL development standards apply with the approval of the
Conditional Use. Permit. The church facility also complies with the
conditions of approval of the original Conditional Use Permit. The
purpose of the current Conditional Use Permit application is to modify
the existing approval to allow the 2,700 square foot addition.
The proposed 2,700 square foot addition meets all the applicable
development standards of the RL zoning district. The addition does
not change the uses within the church facility or intensify the use
significantly.
The proposed project is consistent with the General Plan and
applicable specific plan;
As stated in Finding (f) above, the proposed addition is consistent with
the City's General Plan and there is no applicable specific plan.
(n) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity;
The operational characteristics and activities of the church facility
includes a dailypre-school program, business office hours, afternoon
youth program and evening adult bible studies. Additionally, the
church hosts community activities during the week such as boy/girl
scouts and Red Cross/Blood Drive by appointment only.
The Advantec Consulting Engineers conducted a survey on Sunday,
March 12, 2006. The survey indicated that the highest demand for
parking spaces occurred between 11:00 a.m. and 11:45 a.m. and 96
spaces where needed. The church facility provides 105 parking
spaces. By applying the concept of shared parking and staggering
the hours for each activity, the proposed addition will not require any
additional parking spaces. Furthermore, the City is not aware of any
complaints from the surrounding neighbors related to overflow parking
onto the residential streets. Therefore, stated in this Finding and in
Findings (f), (g, (h), (i) and (I) above, the design, location, size and
operating characteristics of the proposed addition are compatible with
the existing and future land uses in the vicinity.
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Planning Commission Resolution No. 2006-17
(o) 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;
(p)
(q)
As stated in Findings (f), (g, (h), (i), (1) and (n) above, the project site
is physically suitable for the type and density/intensity of proposed
addition including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
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; and
Fire Department approval, structural plan check, City permits and
inspections are required for construction. These processes will ensure
that the finished project 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 project 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) Guidelines, Section 15301(e), the City has determined that
the project identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
A. Planning Division
1. Prior to final inspection, the applicant shall submit a final
landscape/irrigation plan delineating the replacement of
landscaping and irrigation destroyed during construction. All
landscaping and irrigation shall be installed prior the final
inspection and Certificate of Occupancy issuance.
2. Prior to plan check submittal, the applicant shall submit a detail
drawing showing the transition from the concrete the roof of the
addition to the adjacent existing asphalt roof for Planning
Division review and approval.
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Planning Commission Resolution No. 2006-17
3. The applicant shall use advanced scheduling and the
staggering of church activities to avoid the overlapping of said
activities in order to control the parking demand.
4. All church activities and events shall occur within the
boundaries of the project site. All church activities and events
shall not overflow into the adjacent residential neighborhood.
5. 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 Development
Department, their affidavit stating that they are aware 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.
6. 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.
B. Public Works Department
1 Prior to plan check submittal, the applicant shall submit a
complete drainage plan that accurately reflects the drainage
course/pattern of the entire site including the parking lot for
Public Work/Engineering Department review and approval.
The drainage plan shall show all storm drains, drainage
devices (i.e., concrete swales, v -ditches, etc.,) and catch
basins.
The Planning Commission shall.
(a)
(b)
Certify to the adoption of this Resolution; and
Forthwith transmit a certified copy of this Resolution, by certified mail,
to: Northminster Presbyterian Church of Diamond Bar, 400 Rancheria
Road, Diamond Bar, CA 91765, and Mr. Larry Wolff, WLC Architects,
10407 Foothill Boulevard, Rancho Cucamonga, CA 91730
7
Planning Commission Resolution No. 2006-17
APPROVED AND ADOPTED THIS 9Th OF MAY 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
I. Nq Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing
Res tion 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 9th day
of May 2006, by the following vote:
AYES: Commissioners: Lee, Everett, Torng, VC/Nelson, Chair/McManus
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
8
Planning Commission Resolution No. 2006-17
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Development Review No. 2005-33 and Conditional Use
Permit No. 2005-06
SUBJECT: Remodel/2,700 SQ. Ft. Addition to Existing Church Facility
PROPERTY OWNER: Northminster Presbyterian Church of Diamond Bar
APPLICANT: Larry Wolff/WLC Architects
LOCATION: 400 Rancheria Road
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements
1 In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review No. 2006-08 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
9
Planning Commission Resolution No. 2006-17
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. 2005-33 and Conditional Use
Permit No. 2005-06, at the City of Diamond Bar Community Development
Department, their affidavit stating that they are aware of and agree to accept
all the conditions of this approval. Further, this approval shall not be
effective until the applicants pay remaining City processing fees, school fees
and fees for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2006-17, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. Prior to plan check, revised site plans and building elevations incorporating
all Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. Site, grading, landscape/irrigation and roof plans, elevations and sections
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and Fire Department.
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Planning Commission Resolution No. 2006-17
B. Fees/Deposits
1 Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. Time Limits
1 The approval of Development Review No. 2005-33 and Conditional Use
Permit No. 2005-06 shall expire within two years from the date of approval if
the use has not been exercised as defined per Municipal Code
Section 22.66.050 (b)(1). The applicant may request in writing a one year
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
D. Site Development
1 The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission, collectively attached hereto as
Exhibit "A" dated May 9, 2006, including: site plan, floor plan, roof plan,
architectural elevations, exterior materials and colors, and
landscaping/irrigation plan on file in the Planning Division, the conditions
contained herein and Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
3 To ensure compliance with all conditions of approval and applicable codes,
the Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
4. All roof mounted equipment shall be screened from public view.
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Planning Commission Resolution No. 2006-17
E
5. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owner/occupant.
E. Solid Waste
1 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
approved 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 used has obtained permits from the City of Diamond Bar to
provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
3. Trash receptacles are required and shall meet City standards. The final
design, locations, and the number of trash receptacles shall be subject to
Planning Division review and approval prior to the issuance of building
permits.
4. Central trash enclosures shall be equipped with recycling receptacles
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A.
General
1 An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction between October 1s' and April 15th. The
erosion control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's).
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
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Planning Commission Resolution No. 2006-17
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
C. Drainage
1 Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at plan check
submittal.
2. Before construction begins, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements along the
project site's perimeter. This fencing shall remain until the Building Official
approves its removal. The Applicant shall provide temporary sanitation
facilities while under construction.
Fire Department approval maybe required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
.in High Hazard Fire Zone it shall meet of requirements of the fire zone.
a. All unenclosed under -floor areas shall be constructed as exterior wall.
b. All openings into the attic, floor and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4 inch or
more than 1/2 inch in any dimension except where such openings are
equipped with sash or door.
4. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
5. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
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Planning Commission Resolution No. 2006-17
6. Project shall comply with energy conservation requirements of the State of
California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
7. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains,
etc. Provide compliance with van accessible parking, path of travel, etc.
8. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
9. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
10. Verify adequate exit requirements. The distance between required exits shall
be"/2 of the building diagonal.
11. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
12. Specify location of tempered glass as required by code.
13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
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Planning Commission Resolution No. 2006-17
