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. 2 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. 3 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 4 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: 5 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 6 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: 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. 2005-060) 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. 8 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. 9 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 10 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. 11 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. 12 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. 13 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 14 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. 2 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. 3 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 4 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: 5 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 6 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. 8 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. 9 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 10 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. 11 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. 12 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. 13 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 14 Planning Commission Resolution No. 2008-05