HomeMy WebLinkAboutPC 2008-05PLANNING COMMISSION
RESOLUTION NO. 2008-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2005-06(l)
DEVELOPMENT REVIEW NO. 2005-33(l), AND CATEGORICAL
EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN
ADDITION OF APPROXIMATELY 2,700 SQUARE FEET TO AN EXISTING
CHURCH FACILITY LOCATED AT 400 RANCHERIA ROAD (APN# 8281-
0099-041), 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(1), Development Review No. 2005-33(1) 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. Notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public
hearing notices were mailed to approximately 320 property owners within a
700 -foot radius of the project site and the public notice was posted in three
public places. In addition, the project site was posted with a display board.
3. On February 12, 2008, 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) Guidelines. Furthermore,
the categorical exemption reflects the independent judgment of the City of
Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wildlife 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. Development Review
(1) The design and layout of the proposed development is
consistent with the General Plan, development standards of
the applicable zone district, design guidelines, and
architectural criteria for specialized areas (e.g., specific plans,
community plans, boulevards, or planned developments.)
On July 25, 9995, the City adopted its General Plan. The
church facility was approved by Los Angeles County in the late
1960's. Although the church facility was built prior to the
adoption of the General Plan, the use, density, lot size, parking
adequacy and access is consistent with the objectives and
strategies of the City's General Plan. Additionally, the church
hosts community activities which is also consistent with the
General Plan
According to the Development Code, the development
standards of the Medium Density Residential (RM) zoning
district apply to the project site. The proposed addition meets
all the development standards of this zoning district. The
contemporary architectural style and scale and proposed
colors and materials of the proposed addition are consistent
with otherbuildings on site. As a result, the proposed addition
is also consistent with the City's Design Guidelines.
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Planning Commission Resolution No. 2008-05
(2) The design and layout of the proposed development will not
interfere with the use and enjoyment of neighboring existing or
future development, and it will not create traffic or pedestrian
hazards.
With the approval and construction of the proposed addition,
the on-site traffic and pedestrian circulation will not change.
As referenced above in Finding (a)(1), the proposed project
can be accommodated at the project site. The proposed
project is not expected to intensify the existing use to an extent
that will create traffic or pedestrian hazards. Therefore, the
proposed project is not expected to interfere with the use and
enjoyment of neighboring existing or future development.
(3) The architectural design of the proposed development is
compatible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48
Diamond Bar Development Code, the General Plan, City
Design Guidelines, or any applicable specific plan.
As referenced above in Development Review Findings (a)(1)
and (2), the proposed project is consistent with the RM zoning
district and the City's Design Guidelines. There is no specific
plan for the project area.
(4) 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.
As referenced above in Findings (a)(1), (2), and (3), the
proposed project provides 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.
(5) The proposed project will not be detrimental to the 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.
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Planning Commission Resolution No. 2008-05
Before the issuance of any City permits, the proposed project
will comply with all conditions in the approved resolution and
the requirements of the Building and Safety Division, Public
Works Department, and Fire Department. 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.
b. Conditional Use Permit
(1) The proposed use is allowed within the subject zoning district
with the approval of a Conditional Use Permit complies with all
other applicable provisions of the Development Code and the
Municipal Code.
The church facility was approved in 1960 by Los Angeles
County with a Conditional Use Permit. According to the
Development Code, a church is also allowed in the R-3-8,000
zoning district with the approval of the Conditional Use Permit.
Also, modifications oradditions to the church facility require an
amendment approval to the original Conditional Use Permit.
Furthermore, the proposed project meets the applicable
Development Code and Municipal Code requirements as
discussed above in the Development Review Findings.
(2) The proposed use is consistent with the General Plan and any
applicable specific plan.
As stated above in Finding (a)(1), the proposed project is
consistent with the City's General Plan. There is no applicable
specific plan.
(3) The design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land
uses in the vicinity.
The proposed addition meets all the development standards of
RM zoning district. The proposed addition is consistent with
the existing contemporary architectural style and scale and
colors and materials of other buildings on site and the
surrounding neighborhood. Also, the proposed addition does
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Planning Commission Resolution No. 2008-05
not change the operational characteristics and activities of the
church facility.
(4) 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.
The proposed addition does not change the access to the
project site. Existing utilities at the project site can
accommodate the addition. Because of the proposed addition,
the applicant was required to provide evidence that on-site
parking could accommodate the church facility with the
proposed addition. 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 surrounding residential
streets. Therefore, the design, location, size and operating
characteristics of the proposed addition are compatible with
the existing and future land uses in the vicinity.
(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.
As discussed in the Development Review and Conditional Use
Permit Findings, above that the proposed project is physically
suitable for the project site. Additionally, Fire Department
approval, structural plan check, City permits and inspections
are required. As a result, the referenced agencies through the
permit and inspection process will ensure that the proposed
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.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
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Planning Commission Resolution No. 2008-05
A. Planning Division
1. Planning Commission Resolution No. 2006-17 approved on
May 9, 2006, shall be null and void and no longer in effect.
2. 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.
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. Church activities and events shall not overflow into the
adjacent residential neighborhood and shall occur within the
boundaries of the project site.
5. Roof mounted equipment shall be screened from public view.
Prior to plan check submittal, the applicant shall provide
building cross sections showing the method of screening to the
Planning Division for approval. Method of screening shall be
architecturally compatible with the building.
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.
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: 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
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Planning commission Resolution No. 2008-05
APPROVED AND ADOPTED THIS 12Th OF FEBRUARY 2008 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:_ d�
Steve Nelson, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th
day of February 2008, by the following vote:
AYES: Commissioners: Shah, Nolan, Lee, VC/Torng, Chair/Nelson
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST:
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Conditional Use Permit No. 2005-06(1)
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD
CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. 2005-060) and
Development Review No. 2005-330)
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
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 Conditional Use Permit No. 2005-06(1) and
Development Review No. 2005-33(1) 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.
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Planning Commission Resolution No. 2008-05
(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 Conditional Use Permit No. 2005-06(1) and Development
Review No. 2005-33(1) 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. 2008-05, 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.
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Planning Commission Resolution No. 2008-05
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and Fire Department.
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 Conditional Use Permit No. 2005-06(1) and Development
Review No. 2005-33(1) 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 referenced herein as
Exhibit "A" dated February 12, 2008, 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
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Planning Commission Resolution No. 2008-05
E.
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
4. 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.
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.
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.
5. Provide adequate capacity for a central trash enclosure to be equipped with
recycling receptacles. For every trash bin needed (3 CY or 6 CY), there
must be enough space for an equivalent 3 cubic yard recycling bin (51"H x
81"W x 42"D) shown on the plan as a one to one (1:1) ratio.
6. Provide a separate pedestrian entry, a continuous 6 -inch curbing inside, and
overhead trellis work with heavy lumber for the trash enclosure area.
7. Provide metal gates for the trash enclosure. Chain link with wood slats are
not acceptable material for gates.
8. The exterior design, materials and colors for the trash enclosure shall be
compatible to the building architectural style.
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Planning Commission Resolution No. 2008-05
9. Trash enclosure shall be of decorative material such as stucco, plaster, split
face block or other material as approved by Community Development
Director. Chain link with wood slats or precision block is not acceptable.
10. Enclosure areas must have drainage from adjoining roofs and pavement
diverted around the area to avoid flow-through. Trash enclosure drainage
should be directed to vegetated areas where feasible.
11. Enclosure areas must be walled to prevent offsite transport of trash.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General
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 1St 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.
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
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.
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Planning Commission Resolution No. 2008-05
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., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
2007 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 114 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.
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.
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Planning Commission Resolution No. 2008-05
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'/z 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"M slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
End
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Planning Commission Resolution No. 2008-05
PLANNING COMMISSION
RESOLUTION NO. 2008-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO, 2005-06(I)
DEVELOPMENT REVIEW NO. 2005-33(I), AND CATEGORICAL
EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN
ADDITION OF APPROXIMATELY 2,700 SQUARE FEET TO AN EXISTING
CHURCH FACILITY LOCATED AT 400 RANCHERIA ROAD (APN# 8281-
0099-041), 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(1), Development Review No. 2005-33(1) 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. Notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public
hearing notices were mailed to approximately 320 property owners within a
700-foot radius of the project site and the public notice was posted in three
public places. In addition, the project site was posted with a display board.
3. On February 12, 2008, 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) Guidelines. Furthermore,
the categorical exemption reflects the independent judgment of the City of
Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wildlife 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. Development Review
(1)
The design and layout of the proposed development is
consistent with the General Plan, development standards of
the applicable zone district, design guidelines, and
architectural criteria for specialized areas (e.g., specific plans,
community plans, boulevards, or planned developments.)
On July 25, 1995, the City adopted its Genera! Plan. The
church facility was approved by Los Angeles County in the late
1960's. Although the church facility was built prior to the
adoption of the General Plan, the use, density, lot size, parking
adequacy and access is consistent with the objectives and
strategies of the City's General Plan. Additionally, the church
hosts community activities which is also consistent with the
General Plan
According to the Development Code, the development
standards of the Medium Density Residential (RM) zoning
district apply to the project site. The proposed addition meets
all the development standards of this zoning district. The
contemporary architectural style and scale and proposed
colors and materials of the proposed addition are consistent
with otherbuildings on site. As a result, the proposed addition
is also consistent with the City's Design Guidelines.
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Planning Commission Resolution No. 2008-05
(2) The design and layout of the proposed development will not
interfere with the use and enjoyment of neighboring existing or
future development, and it will not create traffic or pedestrian
hazards.
(3)
With the approval and construction of the proposed addition,
the on-site traffic and pedestrian circulation will not change.
As referenced above in Finding (a)(1), the proposed project
can be accommodated at the project site. The proposed
project is not expected to intensify the existing use to an extent
that will create traffic or pedestrian hazards. Therefore, the
proposed project is not expected to interfere with the use and
enjoyment of neighboring existing or future development.
The architectural design of the proposed development is
compatible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48
Diamond Bar Development Code, the General Plan, City
Design Guidelines, or any applicable specific plan.
As referenced above in Development Review Findings (a)(1)
and (2), the proposed project is consistent with the RM zoning
district and the City's Design Guidelines. There is no specific
plan for the project area.
(4) 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.
(5)
As referenced above in Findings (a)(1), (2), and (3), the
proposed project provides 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 project will not be detrimental to the 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.
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Planning Commission Resolution No. 2008-05
Before the issuance of any City permits, the proposed project
will comply with all conditions in the approved resolution and
the requirements of the Building and Safety Division, Public
Works Department, and Fire Department. 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.
b. Conditional Use Permit
(1)
The proposed use is allowed within the subject zoning district
with the approval of a Conditional Use Permit complies with all
other applicable provisions of the Development Code and the
Municipal Code.
The church facility was approved in 1960 by Los Angeles
County with a Conditional Use Permit. According to the
Development Code, a church is also allowed in the R-3-8,000
zoning district with the approval of the Conditional Use Permit.
Also, modifications or additions to the church facility require an
amendment approval to the original Conditional Use Permit.
Furthermore, the proposed project meets the applicable
Development Code and Municipal Code requirements as
discussed above in the Development Review Findings.
(2) The proposed use is consistent with the General Plan and any
applicable specific plan.
(3)
As stated above in Finding (a)(1), the proposed project is
consistent with the City's General Plan. There is no applicable
specific plan.
The design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land
uses in the vicinity.
The proposed addition meets all the development standards of
RM zoning district. The proposed addition is consistent with
the existing contemporary architectural style and scale and
colors and materials of other buildings on site and the
surrounding neighborhood. Also, the proposed addition does
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Planning Commission Resolution No. 2008-05
not change the operational characteristics and activities of the
church facility.
(4) 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.
(5)
The proposed addition does not change the access to the
project site. Existing utilities at the project site can
accommodate the addition. Because of the proposed addition,
the applicant was required to provide evidence that on-site
parking could accommodate the church facility with the
proposed addition. 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 surrounding residential
streets. Therefore, the design, location, size and operating
characteristics of the proposed addition are compatible with
the existing and future land uses in the vicinity.
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.
As discussed in the Development Review and Conditional Use
Permit Findings, above that the proposed project is physically
suitable for the project site. Additionally, Fire Department
approval, structural plan check, City permits and inspections
are required. As a result, the referenced agencies through the
permit and inspection process will ensure that the proposed
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.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
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Planning Commission Resolution No. 2008-05
A. Planning Division
1. Planning Commission Resolution No. 2006-17 approved on
May 9, 2006, shall be null and void and no longer in effect.
2. 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.
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. Church activities and events shall not overflow into the
adjacent residential neighborhood and shall occur within the
boundaries of the project site.
5. Roof mounted equipment shall be screened from public view.
Prior to plan check submittal, the applicant shall provide
building cross sections showing the method of screening to the
Planning Division for approval. Method of screening shall be
architecturally compatible with the building.
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.
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
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Planning Commission Resolution No. 2008-05
APPROVED AND ADOPTED THIS 12Th OF FEBRUARY 2008 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Steve Nelson, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th
day of February 2008, by the following vote:
AYES: Commissioners: Shah, Nolan, Lee, VC/Torng, Chair/Nelson
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners:
ATTEST:
None
7
Conditional Use Permit No. 2005-06(1)
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD
CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. 2005-06(1) and
Development Review No. 2005-33(1)
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 Conditional Use Permit No. 2005-06(1) and
Development Review No. 2005-33(1) 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.
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Planning Commission Resolution No. 2008-05
(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 Conditional Use Permit No. 2005-06(1) and Development
Review No. 2005-33(1) 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. 2008-05, 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.
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Planning Commission Resolution No. 2008-05
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and Fire Department.
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 Conditional Use Permit No. 2005-06(1) and Development
Review No. 2005-33(1) 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 referenced herein as
Exhibit "A" dated February 12, 2008, 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
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Planning Commission Resolution No. 2008-05
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
4. 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
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.
5. Provide adequate capacity for a central trash enclosure to be equipped with
recycling receptacles. For every trash bin needed (3 CY or 6 CY), there
must be enough space for an equivalent 3 cubic yard recycling bin (51"H x
81 "W x 42"D) shown on the plan as a one to one (1:1) ratio.
6. Provide a separate pedestrian entry, a continuous 6 -inch curbing inside, and
overhead trellis work with heavy lumber for the trash enclosure area.
7. Provide metal gates for the trash enclosure. Chain link with wood slats are
not acceptable material for gates.
8. The exterior design, materials and colors for the trash enclosure shall be
compatible to the building architectural style.
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Planning Commission Resolution No. 2008-05
J
9. Trash enclosure shall be of decorative material such as stucco, plaster, split
face block or other material as approved by Community Development
Director. Chain link with wood slats or precision block is not acceptable.
10. Enclosure areas must have drainage from adjoining roofs and pavement
diverted around the area to avoid flow-through. Trash enclosure drainage
should be directed to vegetated areas where feasible.
11. Enclosure areas must be walled to prevent offsite transport of trash.
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 1st 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.
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
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.
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Planning Commission Resolution No. 2008-05
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., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
2007 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 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.
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.
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Planning Commission Resolution No. 2008-05
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 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 1/4"M slope for all flat surfaces/ decks with approved water proofing
material. Also, provide guardrail connection detail (height, spacing, etc.)
End
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Planning Commission Resolution No. 2008-05