HomeMy WebLinkAbout02/25/1991a
AGENDA —
CITY OF DIAMOND BAR PLANNING COMMISSION
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
BOARD MEETING ROOM
880 SOUTH LEMON STREET
DIAMOND BAR, CA 91789
February 25,1991
CALL TO ORDER: 7:00 P.M.
PLEDGE OF ALLEGIANCE:
ROLL CALL: COMMISSIONERS: Grothe, MacBride, Lin, Vice Chair-
man Harmony, Chairman Schey
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the
members of the Planning Commission on any item that is within
their jurisdiction. Generally, items to be discussed are those
which do not appear on this agenda.
CONSENT CALENDAR:
The following items listed on the consent calendar are considered
routine and are approved by a single motion. Consent calendar
items may be removed from the agenda by request of the Commission
only:
1.
Minutes
of
the February 11, 1991, Meeting
2.
Zoning
Code
Amendment No. ZCA 91-2, Resolution of Approval
OLD BUSINESS:
3. Zoning Code Amendment No. ZCA 91-1
1
A City -initiated request to amend certain provisions to Ti-
tle 22 of the Los Angeles County Code, as heretofore adopted
by the City of Diamond Bar, pertaining to signs (ZCA 91-1)
(Continued from February 11, 1991)
NEW BUSINESS:
4. Illumination Presentation
5. Review of Draft Development Code Chapters 1.1 and 1.11
PUBLIC HEARING ITEMS:
6. Conditional Use Permit No. 90-0130
A request to construct a two story structure totaling 8,352
square feet to provide additional classrooms for a parochial
ra ¢
PLANNING COMMISSION AGENDA —
Page Two
February 25, 1991
school (grades K-8). The request also seeks approval for
expansion and improvements to the playground area.
Applicant: Mt. Calvary Lutheran Church
Location: 23300 Golden Springs
Diamond Bar, CA 91765
7. Development Agreement No. 91-2
A request for a Development Agreement 91-2 to develop the
property for the following uses: self-service gasoline
sale, automated car wash, automotive detail facility with
offices, and a restaurant.
Applicant: Gary Clapp
Location: 22000 Golden Springs Drive
S. .Conditional Use Permit No. 1634-(1)
A request for an extension of time to finish the third phase
building of the sanctuary for Evangelical Free Church. This
request will require modification of CUP 1634-(1). This is
located generally, on Diamond Bar Boulevard, approximately
100 feet west of Brea Canyon Road.
Applicant: Evangelical Free Church
Location: 3255 Diamond Bar Boulevard
(Continued from November 26, 1990)
ANNOUNCEMENTS:
9. Staff
10. Planning Commissioners
ADJOURNMENT:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Director of Plan
SUBJECT: Agenda Item No. 2
Zoning Code Amendment No. ZCA 91-2
(Quasi -Public Uses in C -M Zone)
DATE: February 22, 1991
Pursuant to your request, staff has prepared the attached resolu-
tion of approval, supporting the addition of "quasi -public" uses
within the C -M zone, for your approval.
The public hearing on this .matter was closed at the meeting of
February 11, 1991.
Staff recommends that the Commission approve the resolution.
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Attachment - Draft Resolution
INTEROFFICE
TO: James DeStefano, Director of Planning
FROM: Irwin M. Kaplan, City Planner
SUBJECT: Institutional Uses in the C -M Zone
DATE: February 8, 1991
OVERVIEW:
In general, institutional uses such as churches either are, or can
be designed to complement both commercial and residential uses,
but the decision as to how such uses should fit into the fabric of
the community depends upon the particular circumstances of the
community. This is but one of many questions the City must ask
itself as it makes choices for the future.
To place this issue in perspective, we need only look at the rea-
son the City of Diamond Bar is rewriting the Development Code in
its entirety. While the County's Codes were undoubtedly well
suited to the County as a whole, their underlying development phi-
losophy was unsuitable to Diamond Bar. Unfortunately, this is not
always evident until the City is confronted with a specific in-
stance which challenges its beliefs.
The problem is exacerbated by the fact that upon incorporation,
the City adopted the very Codes which led to the City's decision
to break away from County rule. This simply means that the
trends, the momentum and the pressure to approve projects continue
at the same time that the City is trying to figure out how trends
should change.
Under similar circumstances, some Cities have opted for a develop-
ment moratorium or stringent interim regulations to limit develop-
ment so as to keep their options open until they conclude the ini-
tial planning process. In an effort to show support for continued
development during the planning process, however, Diamond Bar made
a conscious decision to allow development to continue while the
planning process was underway.
This decision sets a difficult and demanding course for the City
and increases the risk of approving development which might be
inconsistent with the direction the City may ultimately pursue.
It also virtually guarantees confrontation when the City is faced
with a development request which may conflict with the City's
broad development objectives, but which meets all the City's
requirements.
The request to permit institutional uses in a commercial zone is
not the first example of this problem. In its relatively short
history, the City has responded to similar problems by implement-
ing a site plan review process, a sign moratorium and an Interim
Hillside Control Ordinance.
Memorandum to James DeStefano
February 8, 1991
Page Two
Nor should this request be viewed as the last challenge to the
City's emerging development philosophy. Such challenges will con-
tinue to occur throughout the planning process and beyond, until
the City has years of experience which cover the full range of
development issues.
THE ISSUE:
The question, therefore, is twofold.
1. How should the City respond when confronted with similar cir-
cumstances in the future, and
2. How might the City deal with the specific question of church/
institutional uses in commercial zones.
1. Aside from the obvious solution to eithpr permit or prohibit
development, there is a range of opportunities in between
which may be more suitable. In broad terms, the City may
choose to:
a. Permit limited or restricted development to occur under
regulations which are carefully designed to preserve the
City's opportunity to achieve its primary long term ob-
jectives.
b. Require such development to provide compensating bene-
fits (such as community amenities, services or other
physical improvements) to help offset the lost potential
of the City's ability to provide such benefits if and
when the property were developed for commercial purpos-
es.
Depending upon the circumstances, the City may use a combina-
tion of these techniques. In any case, the City needs the
time, particularly in its formative years, for thoughtful
deliberation and should not allow itself to be stampeded into
making premature decisions which could have a significant
impact upon its future.
2. In terms of the matter at hand, the following approach is
suggested, if the City is to allow certain institutional uses
in the C -M zone.
a. Context
i. Churches as a permitted use in commercial zones is
a carryover from the County Code.
ii. In Diamond Bar, however, virtually all (if not
all) churches are located in residential zones.
Memorandum to James DeStefano
February 8, 1991
Page Three
iii. Churches in commercial zones would be a departure
from the existing development pattern and, as
such, poses a legitimate policy question.
iv. The primary purpose of commercial zoning is to
stimulate commercial development. Generally, such
locations are selected because of their strategic
location which provides relatively easy access and
allows them to compete effectively with commercial
areas elsewhere, while serving an existing or po-
tential need. Such sites are difficult to come
by, particularly in a community such as Diamond
Bar, whose development patterns are well estab-
lished.
While commercial zoning is not usually restricted
only to commercial uses, in a planned environment
other types of development would generally be per-
mitted to the extent that they complement, or at
least do not jeopardize, the basic purpose of the
commercial zone.
V. If there is any doubt as to whether or not it is
in the City's best interest to permit church re-
lated uses which might preempt a significant por-
tion of the City's undeveloped commercial poten-
tial at a key freeway interchange location, the
City should not foreclose its options prior to
having the overview of the General Plan to guide
its decisions.
vi. The City's vision for the future should not be
restricted by current market opportunities, par-
ticularly for major land use decisions such as
this. As difficult as it might be to resist the
pressures and opportunities of the moment, the
City has to view this issue in terms of the larger
picture, which include the availability of poten-
tial revenues and resources to sustain the quality
of life that is so important to Diamond Bar resi-
dents and the impact of removing a large tract of
strategically located, commercially zoned land
from its commercial inventory.
vii. Diamond Bar has in the past, and continues to be
responsive to the needs of churches wishing to
locate or expand in the community. Due to the
implications of the decision as to how to use com-
mercially zoned property, however, the City must
define its objectives more carefully than it has
in the past.
Memorandum to James DeStefano
February 8, 1991
Page Four
viii. With the exception of the property at the south-
west corner of Grand Avenue and Golden Springs
Drive, large, centrally located, freeway accessi-
ble, developable, commercially zoned properties,
are virtually non-existent in Diamond Bar.
xiv. Any decision to allow significant non-commercial
development in commercial zones which may diminish
the City's ability to sustain the community's
quality of life at some time in the future, should
also consider alternative means to restore the
City's ability as well.
b. Recommendation:
Criteria
i. Institutional uses in commercial zones should be
permitted by CUP/development agreement, which de-
fines the specific conditions of development (e.g.
location on the parcel, types and intensity of
use, etc.) and an appropriate level of fees and
charges to compensate the City for revenue oppor-
tunities foreclosed as a result of the development
of commercial property for institutional use.
ii. "Institutional" uses and "Commercial" zones should
be broadly defined, so as to avoid similar prob-
lems in the future. The following proposal is
proposed as an amendment to the Interim Ordinance
for C -M Zones, but it may be appropriate to even-
tually include a similar provision in all commer-
cial zones.
Proposal
A request for Conditional Use Permit would conform to
the requirements of Chapter 22.56 of the Municipal Code,
which establishes the requirements and procedures for
such uses.
It should be noted that under this section of the Code,
a request for a conditional use may be approved with or
without conditions, or may be denied. Unless the Com-
mission is satisfied that the conditions it establishes
will be complied with, it is not incumbent upon the com-
mission to approve the project, as conditional uses are
not considered "By Right" uses.
It is recommended that a new definition for quasi -public
uses be added, which would encompass a variety of insti-
tutional uses (including churches) which would be sub-
ject to the CUP requirements.
Memorandum to James DeStefano
February 8, 1991
Page Five
A new section would be added specifically for quasi -pub-
lic uses, which would contain additional regulations to
guide Commission deliberations.
A. The following definition is suggested:
Quasi -Public Use
A use operated by a private nonprofit educational,
religious, recreational, charitable or medical
institution, such use having the purpose primarily
of serving the general public, and including uses
such as churches, private schools, and universi-
ties, community, youth and senior citizen recre-
ational facilities, private hospitals, and the
like.
B. The following additional regulations are suggest-
ed:
1. Quasi -public uses in commercial zones shall
be complementary with and subordinate in
size, scale and intensity to, adjacent exist-
ing and potential commercial development.
2. Quasi -public uses in commercial zones shall
be sited in a manner which is ancillary to
existing and potential commercial develop-
ment, so as to permit maximum exposure and
ease of access for adjacent commercial uses.
3. In approving a conditional use for a quasi -
public use in a commercial zone, the Planning
Commission shall consider the direct benefit
of the use to the community, as well as the
cost of any mitigation measures needed to
reduce potential environmental impacts to
insignificant levels and the opportunity cost
of developing such quasi -public use in a com-
mercial zone.
The Commission shall recommend a program for
the provision of amenities, services and im-
provements, and/or a fee structure which es-
tablishes the value of both capital improve-
ments and/or annual charges, as may be deemed
reasonable and appropriate.
4. Final action on the Commission's recommenda-
tion shall be incorporated into a development
agreement, if appropriate, adopted in accor-
dance with Chapter 22.16 of the Municipal
Code.
0
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT
QUASI -PUBLIC USES BE PERMITTED IN THE CM
ZONING DISTRICT SUBJECT TO CERTAIN SPECIFIC
STANDARDS AND REQUESTING CITY COUNCIL
DIRECTION THEREUPON.
A. Recitals.
(i) The City Council has adopted an interim Zoning
ordinance which prohibits non-commercial uses, including
churches, from being instituted as a land use within the CM
Zoning District.
(ii) The City Council has directed the Planning
Commission to review and recommend procedures whereby churches
will be permitted, subject to conditions, in the CM Zoning
District.
(iii) The Planning Commission has studied the issue
and has reviewed a proposal which expands the scope of permitted
uses beyond church uses. Such expansion of permitted uses is
premised on a new definition encompassing a range of
quasi-public/institutional uses.
(iv) The Planning Commission acknowledges that the
submitted proposal is subject to modifications to alleviate
potential legal challenge prior to its finalization.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
1
B. Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Planning
Commission of the City of Diamond Bar as follows:
1. In all respects as set forth in Recitals, Part A,
hereinabove.
2. The Planning Commission, in response to City
Council direction, has reviewed a process by which churches, as
well as other similar uses, would be permitted within the CM
Zoning District. The Planning Commission hereby submits a
proposal for the inclusion of quasi -public uses within the CM
Zone. The Planning Commission believes their recommendations
provide an appropriate basis by which the interim Zoning
Ordinance could be modified. Such proposal is attached as Exhibit
uA°.
3. The Secretary of the Planning Commission is
directed to attest to this Resolution.
ADOPTED AND APPROVED this day of , 1991.
Chairman
I, JAMES DESTEFANO, Secretary to the Planning
Commission of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the
Planning Commission of the City of Diamond Bar held on the
day of 1991, and was finally passed at a regular
2
meeting of the Planning Commission of the City of Diamond Bar
held on the day of , 1991, by the following
vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAINED:
COMMISSIONERS
ATTEST:
N\ 1011 MESPUBUMB 3
Secretary of the Planning
Commission
City of Diamond Bar
PLANNING COMMISSION
Staff Report
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Director of Plann",yL(/
SUBJECT: Agenda Item No. 3
Zoning Code Amendment No. ZCA 91-1
(Sign Ordinance)
DATE: February 22, 1991
As a follow-up to our discussion of February 11, 1991, Mr. Kaplan
has prepared the attached memorandum for your consideration.
Formal action on the sign ordinance is anticipated for the Commis-
sion meeting of March 11, 1991. A new public hearing notice will
be issued for the March meeting.
\pj s
Attachment
INTEROFFICE
TO: James DeStefano, Director of Planning
FROM:; Irwin M. Kaplan, City Planner Emeritus
SUBJECT: Freeway Oriented Signage
DATE: February 21, 1991
Attached is a proposal for freeway oriented signage which attempts
to address the concerns raised by the Planning Commission at its
February 11, 1991, meeting. (The following is informational only,
since the Commission asked that consideration of this proposal be
deferred until the March 11, 1991, meeting.) The components of
the proposal are as follows:
A. Background provisions: (i.e. Related code provisions which
set the stage for the freeway -oriented sign program)
Signage generally would not be permitted on the walls of
buildings facing freeways. The proposal to allow wall sign-
age on the side or rear of buildings along public rights-of-
way would not apply to buildings which abut a freeway.)
B. Freeway Oriented Signage
1. Wall signage would be permitted along the side or rear
of buildings which abut freeway rights-of-way only for
food, fuel or lodging.
2. If it is demonstrated to the Planning Commission's sat-
isfaction that such signage cannot be made visible from
both directions along the freeway, the Commission may
allow freestanding signage for lodging accommodations on
the site by CUP.
I
3. Such signage shall be restricted as to:
a. Maximum specified height above the freeway guard
rail nearest the proposed sign.
b. Maximum limit as to the height and width of the
sign face.
4. If the site contains establishments for the sale of food
and fuel in addition to lodging, then all three uses may
advertise on the freestanding sign, provided that:
a. The maximum allowable height and size permitted
for a freestanding sign is not exceeded.
Memorandum to James DeStefano
February 21, 1991
Page Two
b. No more than one of each type of use is adver-
tised. (If more than one of each type is located
on the site, the sign may simply say "Restaurants"
or "Fuel" rather than the name of a specific es-
tablishment.
C. Wall signage facing the freeway is relinquished in
favor of the freestanding signage.
d. The advertising of food and fuel is clearly sub-
ordinate to the advertisement for lodging.
5. The proposal does not attempt to accommodate:
a. Trees along the freeway which conflict with the
maximum height above the guard rail permitted for
freestanding signage.
b. Existing wall signage which would have to be re-
moved.
C. Other special circumstances which may require ad-
ditional height in order to be visible from both
sides of the freeway. ,
These are issues of Policy which the Commission
should discuss. The Code can be written to accom-
modate these concerns.
IMK:pjs
Attachments:
I
Exhibit "A" - Special Conditions
Exhibit "B" - Proposed Provisions for Freestanding Signs
SPECIAL CONDITIONS
sign en rear wall
Businesses with
may net e)feeed
frontages
less
3:()G square
than
feet
25 feet may be
approved for sign
area up to
25
square
feet.
Zone: Commercial
An additional sign may be permitted on a wall other than
the wall which contains the front entrance, provided said
wall faces a public right-of-way and such signage does
not exceed one (1) square foot per linear foot of wall
for each business, to a maximum of 100 square feet. Such
signs may not be erected on walls visible from adjoining
freeway rights-of-way, with the exception of signs for
restaurants serving food primarily for on-site
consumption, automobile service stations dispensing fuel,
and places of lodging.
EXHIBIT "A"
PROPOSED PROVISIONS FOR FREESTANDING SIGNS
1. Wall signs on property adjoining freeway rights-of-way may be
designed to be visible from the freeway only to advertise the
on-site sale of food, fuel or lodging accommodations. (This
is already contained as a "Special Condition" on Page 19 of
the proposed draft.)
2. Such signage is subject to all other provisions of code ap-
plicable to signage along walls not containing a front en-
trance to the business establishment (See attached amendment
proposed for "Special Conditions" Page 19 of the Draft Sign
Ordinance) to the Planning Commission's satisfaction.
3. If it can be demonstrated to Planning Commission's satisfac-
tion that wall signage for lodging accommodations cannot be
located on the building in a manner which is visible by mo-
torists travelling in both directions along the adjacent seg-
ment of the freeway, then the Planning Commission may ap-
prove freestanding signage by Conditional Use Permit (CUP) to
advertise lodging facilities located on the site.
4. The top of a freestanding sign may not exceed twenty-five
(25) feet above the height of the guard rail of the freeway
(excluding access ramps) as measured at the point nearest to
the proposed signage.
5. The maximum dimensions of the sign face of a freestanding
sign shall be eight (8) feet in height and sixteen (16) feet
in width.
6. If the site contains businesses engaged in the sale of food
and fuel in addition to the place of lodging, such uses may
also be identified on the freestanding sign approved for
lodging, provided that:
a. No more than one use of each type is identified on the
sign,
b. The maximum size permitted for a freestanding sign is
not exceeded.,
C. No wall signage is constructed which is designed to be
visible from the freeway for uses identified on the
freestanding sign,
d. Advertising for uses engaged in the sale of food and
fuel on a freestanding sign must clearly be subordinate
to that of the lodging accommodations.
IMK:pjs
EXHIBIT "B"
City of Diamond Bar
PLANNING COMMISSION
Staff Report
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Director of Plan
SUBJECT: Agenda Item No. 4
Presentation by Cooper Communication on Illumina-
tion -a new concept in directional sign advertising
DATE: February 22, 1991
IllumiNation, through its attorney, Mr. Joseph N. Tilem, and Coo-
per Communication, has requested the opportunity to make a presen-
tation to the Planning Commission on their directional signage
project. The Traffic and Transportation Commission reviewed such
a presentation on January 10, 1991, (Minutes attached).
We have enclosed introductory materials to more fully describe the
signage proposal.
Upon the conclusion of the presentation and discussion, staff rec-
ommends that the materials be received and filed.
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Attachments
November 29, 1990
Mr. Jim De Stefano
City of Diamond Bar
21660 E. Copley Drive
Suite 190
Diamond Bar, CA 91765
Dear Jim:
Cooper Communications, Inc.
15_(60 Ventura Blvd., Suite 1030
Encino, California 91436-3095
Telephone (3f8) 733-6777
FAX (313) 783-8673
It was a pleasure speaking with you yesterday about
IllumiNation. I have enclosed an informational kit for your
reference.
Like bus shelters, the IlumniNation program provides public
service in the form of directional signage or lighting. The
advertising is displayed in standardized, attractive format
and because the program is contracted by the city, the
content of the ads can be controlled. Like bus shelters,
our units are installed and maintained at no cost to the
city, and advertising revenues are shared with the city.
IllumiNation signs are engineered to be weatherproof and are
able to withstand winds of up to 100 mph.
We agree with advertising experts who say that these kinds
of revenue-sharing programs represent the future of out -of -
home advertising. We believe that such programs will
eventually replace billboard and other less -controlled forms
of outdoor advertising.
I
We would like to explore the possibility of designing a
pilot project for the City of Diamond Bar. I will call in
about a week for your thoughts on the program and any
possible applications in Diamond Bar.
nderson
t Executive
MHA/fp
CONCEPTS IN DIRECTIONAL SIGN ADVERTISING
WHO ARE THE
ADVERTISERS?
This unique eye -level, high -impact advertising medium is
NEW
REVENUE
SOURCE
attractive to many of the same local, regional and national
companies who now use bus shelter advertising. Clothing
manufacturers, movie studios, real estate developers, fast food
restaurants, newspapers, and banks are just some of the
businesses which benefit from the highly targeted, high-
volume exposure of IllumiNation advertising programs.
The IllumiNation program provides a new source of revenues,
actually generating income to the city or organization where
the signs are located.
A portion of the revenues from advertising fees goes to the
city or other location sponsor on an ongoing basis, to be used
for your own projects such as urban development and parking
lot improvement.
In a time of seriously limited budgets and cutbacks, we know
how important that can be.
NO
INSTALLATION
COSTS
Whether we are replacing existing signs or lighting, or
installing an entirely new system, IllumiNation pays all
installation costs.
NO
MAINTENANCE/
ELECTRICITY
COSTS
An MumiNation program will eliminate your sign or lighting
maintenance and electricity costs!
ElumiNation signs are designed of high -impact materials and
will hold up to wind and vandalism. We assume responsibility
for all maintenance, with regular inspections and repairs made
by our crew of service maintenance engineers. MumiNation
pays all electricity costs, including high -watt lighting.
15760 Ventura Blvd., Ste.1030 • Encino, CA. 91436-3095 • Tel: (818) 990-3156 a Fax: (818) 783-8673
PUBLIC
SERVICE
BENEFITS
EXTRA
SECURITY
LIGHTING
MumiNation signs provide directions, offer highly -visible
street information and points -of -reference for motorists and
emergency vehicles, serve as useful location markers in parking
lots, and light the way in dark pedestrian areas.
Motorists and pedestrians appreciate, even demand, such
services. Students, for example, have a right to safety lighting
on campus and in parking lots. Shoppers are more likely to visit
a mall with generous lighting and clear parking lot markers.
Pedestrians and motorists appreciate informational signage
which is clear and easy -to -read.
Our signs are designed to provide important down -lighting for
parking lots, malls, streets and other pedestrian areas. In
addition, MumiNation custom designs units which combine
high -watt lighting with attractive advertising.
ATTRACTIVE
ADVERTISING
MEDIUM
The MumiNation sign provides one of the most consistently
attractive and high-quality advertising mediums available today.
The advertising image is either a permanent vinyl sign or a
changeable full-color, magazine -quality poster illuminated
from within. !
For more information, call (818)990-3156.
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DlMAIOND BAR
CITY CLERIC
January 23, 1991
James Di Stefano, Planning Director
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765-4177
Re: Street Sign Project
Dear Mr. Di Stefano:
My client, Illumination, made its presentation to the
Diamond Bar Traffic and Transportation Commission on January 10.
We were told that after that presentation it should be presented to
the Planning Commission.
We would appreciate your scheduling a presentation of the
project to the Planning Commission of Diamond Bar at the earliest
opportunity.
JNT/rlf I
cc: Robert L. Van Nort, City Manager
Sid Mousavi, Planning Director
����G6�VYYwv' 9'�1
�f -X777
MINUTES OF
THE TRAFFIC AND TRANSPORTATION COMMISSION
"
MEETING OF JANUARY 10, 1991
CALL TO ORDER:
Chairperson Ortiz called the meeting to order
t 6:02 p.m. at Diamond Bar .Library, 1061 S.
G and Avenue, Diamond Bar, California.
PLEDGE OF
The ommission and Staff were led in the
ALLEGIANCE:
Pled of Allegiance by Chairperson Ortiz.
ROLL CALL:
Chairp son Ortiz, and Commissioners Beke,
Chavers and Gravdahl pesent. Commissioner
Moesser ad a conflict with another meeting
and is ac pting an unexcused absence.
Also presen were City Engineer Sid Mousavi,
_
Parks and Mai tenance Director Charles Janiel,
Sergeant Mike awlings, Administrative Analyst
Tseday Aberra, Administrative Analyst Troy
Butzlaff and Se retary Barbara Dedeaux.
APPROVAL OF Minutes of the De ember 13, 1990 meeting were
MINUTES: approved with t\apogized
rection under late
business that the correction
had received a
letter from Mr. Blamenbaum concerning
the lack of stop ls and the excessive
speed of motorisLongview Drive and
Commissioner Chaasked that it be
scheduled for the meeting be added.
COMMISSION Commissioner Gravdo gized to the
COMMENTS: Commission for nomi ing his priority
listing of the CaImp ovement Program.
He hasn't been ablo th ough the listing
as he has been illffere a death in his
wife's family.
Commissioner Beke asked if taff would
consider installing sidewalk in thpedestrian
area under the 60 Freeway on Brea anyon Road
just n9rth of Colima Road/Golde Springs
Drive.
CE/Mousavi reported that the desi n for
sidewalk in this area is being prepareaNt
Chairperson Ortiz commented on the traffl in
the area of the intersection of Silver Nwk
Drive and Diamond Bar Boulevard. He INs
conducted a study along with the cooperatio
r;
of Sergeant Long of the Sheriff's Department.
Traffic and Transportation Minutes
January 10, 1991
----------------------------------
PUBLIC COMMENTS: Br e Flamenbaum who sent a letter which was
the e referenced to in the corrections of
the D ember minutes gave testimony on the
problems on Longview due to the lack of stop
controls a the excessive speed of motorists.
The residen have offered to pay for the
installation stop signs in their area on
Longview Drive.
Chairperson Ortiz as red him the item will be
placed on the February enda.
DISCUSSION:
PARK DIRECTIONAL Charles Janiel, Director of Parks and
SIGNAGE -CITYWIDE Maintenance, presentedthe Commission with a
protype sign approved by the Parks Commission
to replace the existing signs which still
identify City parks as Los Angeles County
facilities.
CE/Mousavi commented generally directional
sign have a brown background.
It was moved by Commissioner Chavers and
seconded by Commissioner Beke to approve the
design as presented with a brown background as
in accordance with the Department of
Transportation Uniform Signs. Motion carried.
LIGHTED STREET Martin Cooper, President of Cooper
SIGN PROGRAM Communications, JoeTillem, consultant for
Cooper Communications working with
municipalities and Daniel Narzarian, President
of Illumination presented their street sign
program to the Commission. Some of the
features of the signage program are better
night yiisibiiity, quicx re'.
service event promotion, uni
esthetically pleasing.
presented were revenue frog
(all approved by the City),
City installing & main'
elimination of billboards, a
maintenance costs paid by 7
added safety by lighting
areas. Some applications
streets, .parking lots in
entertainment districts and m
:erence, pupi.1c
Pormity and are
Some benefits
advertisements
elimination of
raining signs,
11 lighting and
1lumination and
lark pedestrian
would be city
business and
311s.
Traffic and Transportation Minutes 3
January 10, 1991
---------------------------------
After questions and concerns of the Commission
were answered, it was agreed to receive and
file' the information at this time as the
Planning Commission is presently reviewing the
sign ordinance for the City. After a new
ordinance is in place then both the Planning
and Traffic Commission can review this sign
program in accordance with City guidelines to
possibly forward a recommendation to City
Council.
RIDESHARE PROGRAM " Karla Ravnsborg asked to delay her
esentation as her partner had not arrived.
ITEMS IVD TO IVH It was agreed as requested by staff to
cont ue to the February meeting Items D -
Brook od Drive at Summitridge: request for
stop ntrols, E - Casterock Road and
Sunbrigh Drive at Fountain Springs Road:
request f stop controls, F - Shadow Canyon
Drive at Di and Bar Boulevard: traffic signal
study, G- Ti Drive at Diamond Bar Boulevard:
traffic signa study, and H - Street parking
on 30' wide st ets (Lark Spring Terrace) as
staff has not r eived all data to complete
their findings an recommendations.
QUAIL SUMMIT/ Ken Knopf, Countryvi w Drive resident, gave
ROLLING KNOLL testimony of the d ficulty he has when
CIRCULATION attempting to cross Grand Avenue from
Countryview Drive and t need for a traffic
signal at the intersecti n of Rolling Knoll
Drive and Grand Avenue ich would give a
break in the traffic to al w safer crossing
of Grand Avenue from Countr ew Drive.
I
Commissioner Chavers stated the ecommendation
staff presented at the last me ing was two
part: 1) the cut through probl has been
solved and Z) to install a traffi signal at
the intersection of Rolling Knoll ive and
Grand Avenue. The Commissions vote t that
time reflected the need for further re 'ew of
the cut through situation which has not een
solved. The signal installation should h vee
been a separate item.
Sgt. Rawlings stated that he has not gathered
citation or collision data for Grand and
Rolling Knoll Drive but has noted that
enforcing the morning left turn restrictions
is difficult.
City of Diamond Bar
PLANNING COMMISSION
Staff Report
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Director of Plan In
(v
SUBJECT: Agenda Item No. 5 VV��
Review of Draft Development Code Chapters 1.1
and 1.11
DATE: February 22, 1991
As briefly discussed at the Planning Commission meeting of Febru-
ary 11, 1991, we have set forth a review schedule for the new De-
velopment Code.
On Monday, February 25, 1991, our consultant, The Planning Net-
work, will be present to introduce the Draft Development Code to
the Commission. The consultants will describe the work completed
to date and outline the significant components contained within
the code.
We are scheduled to begin our review of the code with Chapters
1.1 - Administration and 1.11 Definitions.
Staff recommends that we postpone our review of Chapter 1.11 defi-
nitions until March 11, 1991. We also recommend that consider-
ation of subcommittee to review design and/or architectural com-
patibility for development project be discussed.
Attached is the relevant excerpt from the Draft Development Code
prepared for the City by The Planning Network.
The item is for discussion! only. Please review the excerpt from
the Draft Development Code to determine if the direction proposed
is appropriate for Diamond Bar. In addition, please give some
thought to the following issues. (There may be others the Commis-
sion wishes to raise.)
1. What magnitude of projects should be subject to design re-
view?
a. Should project review encompass all remodels and rehabs,
even if no floor area were being added?
b. Should repainting be subject to design review if the
color is to change?
Agenda Item
February 25, 1991
Page Two
2. Should public projects be subject to review, even if the re-
view is advisory?
3. What should be the scope of the Board's authority?
a.
Should
the
review be limited to exteriors?
b.
Should
all
sides of the structure be subject to review,
or only
that
which can be seen from the public right-of-
way?
C.
Should
the
Board have sign code review?
d.
Should
the
Board have landscape review authority?
e.
Should
the
Board have complete site review, including
siting
of buildings,
parking, aesthetic impacts of grad-
ing, etc.?
4. Should there be certain types of design reviews delegated to
staff, rather than the Board?
JDS:pjs
Attachments:
Exhibit "A" - August 20, 1990 memorandum
Exhibit "B" - Compatability Ordinance
Exhibit "C" - Excerpt from Draft Development Code
INTEROFFICE MEMORANDUM
TO:I� rwin M. Kaplan., Interim City Planner
FROM: Robert L. Van Nort, City Manager
SUBJECT: Compatibility Committee (Architecture Review)
DATE: August 20, 1990
Several months ago, the City Council adopted an Ordinance calling
for the review of architectural design for projects within the
City of Diamond Bar. To date, it appears that little, if any,
progress has been made to:
a. Implement a Committee
b. Design criteria to be used for review of appropriate
projects.
I can appreciate the fact that the present development code lacks
the appropriate language to implement the aforementioned request.
It is also conceded the development code is being prepared for
adoption in the very near future.
It is anticipated that a Compatibility Committee or Architecture
Review can be implemented in the near future. Please contact
Planning Network to have a separate chapter within the development
code that addresses the architecture review.
At such time as the developmentreview has been adopted, it is
hoped the Committee can be appointed and be off and running. In
addition to the/ )code, your insights and comments on interim Com-
mittee to re iew the draft document would be appreciated.
1 ;
Robert L. Van Nort
City Manager
RLVN:pjs
cc: City Council
Planning Commission
INTEROFFICE MEMORANDUM
TO: JZ/ert
IeStefano, Planning Director
FROM: L. Van Nort, City Manager
SUBJECT: COMPATIBILITY ORDINANCE
DATE: November 20, 1990
Mayor Pro Tem Forbing has expressed concern that a Subcommittee
of the Compatibility Ordinance has not been established. In
reviewing the roll of the Subcommittee with the City Attorney, it
appears that the Planning Commission has ultimate responsibility
for Compatibility (Design Review) established by ordinance. .
It is requested that you review the ordinance and prepare a
report for the Planning Commission whether or not it is desirous
to relinquish its responsibility and establish a Subcommittee.
Please keep this office informed of your progress.
r,
V r 0 i1
DRAFT DEVELOPMENT CODE
Section 1.1.10 Planning Agency
Chapter 1.1
Pursuant to Section 65100 of the California Government Code, the planning agency for the
City of Diamond Bar shall consist of the City Council, Planning Commission, Design Review Board,
Project Review Committee, and the Planning Director acting in their various capacities under
authority of this Title.
Section 1.1.11 Design Review Board
A. Intent
The City Council hereby finds that excessive similarity)or dissimilarity, inappropriateness, or
poor quality of design in the exterior appearance of buildings or in the development and
maintenance of structures, landscaping, signs, and general appearance affects the desirability of
the immediate area and neighboring areas for residential and business purposes or other use. By
so doing, these negative conditions impair the benefits of occupying existing property in such
areas; prevent the most appropriate development and use of such areas; produce degeneration
of the desirability and value of property in such areas with attendant deterioration of conditions
affecting the health, safety, comfort and general welfare of the inhabitants of the City of Diamond
Bar; and destroys the proper relationship between the taxable value of real property in such areas
and the cost of municipal services provided thereof. It is the purpose of this Section to prevent
these and other harmful effects of such exterior appearances of buildings, and thus to promote and
protect the health, safety, comfort and general welfare of the community; to promote public
convenience and prosperity; to conserve the value of buildings; ano to encourage the most
appropriate use of land within the City of Diamond Bar.
B. Design Review Board
Composition
A Design Review Board is hereby established, which the Board shall consist of five
(5) members as follows:
One (1) shall be an architect, licensed under the Business and Professions Code of
the State of California; two (2) shall be members of the design professions; one (1)
Planning Commissioner; and one (1) appointed from the community at large.
2. Appointment and Term of Office
The voting members of the Design Review Board shall be appointed by the City
Council. The term of office for Non -Planning Commission Members shall be two (2)
years and shall expire after the effective date of the appointment provided,
however, that the term of an appointment made to fill an unexpired term shall be
for the unexpired balance of such term.
Rev. September 21, 1990
ii
DRAFT DEVELOPMENT CODE
3. Rules
Chapter 1.1
The Design Review Board shall adopt rules and regulations for the conduct of its
business. Three (3) voting members shat[ constitute a quorum. Approval, conditional
approval, or denial of an application shall be by a simple majority vote. A tie vote
on a motion to approve shall constitute a failure of the motion and a denial of the
application.
4. Secretary
The Planning Director shall serve as the official secretary to the Design Review Board.
As Secretary, the Planning Director shall be responsible for keeping a public record
of the Board's actions. Promptly after approval of actions by the Board, minutes of
Board meetings shall be filed with the City Clerk.
5. Meetings
The Board shall hold one or more regular monthly meetings and designate the times,
dates, and places thereof. All meetings of the Board and each of its subcommittees
shall be open to the public. Special meetings may be called by the chairperson
or by a majority of the Board, provided that notice of such special meetings is given
pursuant to State law.
C. . Applicability
The Board shall have the general power and duty to act in an advisory capacity to the City
council, the Planning Commission and City staff in all matters pertaining to architectural and site
planning review of development projects within the Ci y. All projects involving single-family
residential development, multiple family residential, office, commercial or industrial uses shall be
subject to review by the Design Review Board.
D. Procedure
The applicant for a development project, when subject to requirements of this Section shall
submit the required plans, as specified below, to the Planning Director, The Director shall refer plans
that require Design Review Board approval to the next regular meeting. The Design Review Board
and the Director shall act expeditiously on all applications.
A person may not file and the Director shall not accept an application which is the some
as or substantially the some as an application upon which final action has been taken by the City
of Diamond Bar within twelve (12) months prior to the date of said application, unless accepted by
a motion of the Design Review Board or City Council,
The following information must be submitted for Design Review. Formal action by the Design
Review Board is required, provided, however, that for plans for an improvement which does not
materially alter the appearance of the property the only approval required shall be that of the
Director.
Rev. September 21, 1990
Id
DRAFT DEVELOPMENT CODE Chapter 1.1
The following plans are required:
,. 1. Twelve (12) site plans, 12 prints (to scale), showing dimensions and orientation of
parcel, streets, locations and proposed use of buildings, location of parking and
loading areas (including number of spaces), walkways, planting areas, trash
enclosures, fences or walls, and other structures or site features.
2. Eight (8) elevation drawings (10 scale), showing building height, architectural forms
and detailing, types of exterior materials, and general color scheme.
3. Eight (8) floor plans, prints, showing general room layout, entrances and windows.
4. Nine (9) landscape plans, prints, showing location of lawn areas, ground cover
areas, shrub masses, and existing and proposed tree locations.
5. Three (3) sectional drawings of the site, approximately through the middle with the
sections at right angles to each other, showing the existing grade, proposed grade
and relationship of buildings and parking areas to the finish grade.
6. Proposed signs which require Design Review approval.
7. Such other plans as the Design Review Board may reasonably require to assure that
the preliminary plans meet the design review criteria.
(The Director may waive any of the above items upon the finding that it is unnecessary for
a complete preliminary presentation of the proposed development.)
(The Director may waive any of the above items upon the finding that it is unnecessary or
non -applicable.)
E. Action by the Design Review Board
After all application requirements and other related requirements and other related
requirements established by this Chapter have been met, the Design Review Board shall
recommend one of the following:
1. Approval of the project design;
2. Approval of the project design with recommended conditions; or
3. Redesign of the project. If the Design Review Board has recommended
modifications to a project design, the applicant may further elect to resubmit
modified plans to the Design Review Board for consideration prior to further
consideration of the project.
4. Denial of the project design, with the reason for that recommendation. If the Design
Review Board recommends denial of a project design, the applicant can proceed
then to the appropriate recommending or approval body, which will consider the
recommendation of denial and the effect thereof on the project, or the applicant
may elect to submit a revised design to the Design Review Board.
Rev. September 21, 1990 9
City of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER:
REPORT DATE: February 19, 1991
MEETING DATE: February 25, 1991
CASE/FILE NUMBER: Conditional Use Permit 90-130
APPLICATION REQUEST: For the expansion of the existing
school facility to enlarge the capac-
ity for the current K -8th grade en-
rollment to expand the day care fa-
cilities and to revise the total en-
rollment to a level not to exceed
425 students.
PROPERTY LOCATION: 23300 E. Golden Springs Dr.
Diamond Bar, California
APPLICANT: Gary Stueve
1678 Storrs Place
Pomona, California
PROPERTY OWNER: Mt. Calvary Lutheran Church
23300 Golden Springs Road
Diamond Bar, California
BACKGROUND:
I
The parochial school was initially approved by the County of Los Angel-
es in 1982 under Conditional Use Permit 1974-(1) and authorized the
construction of a classroom building, gymnasium, and rectory on the
existing church grounds. The approval granted that the student popula-
tion, which included day nursery facilities and K -8th grades, not ex-
ceed a total of 372 students. The building heights were restricted to
a height of '24 feet above finished grade.
The project was completed and met with all the applicable conditions of
approval. Currently, the church has experienced a desire to expand the
facility in order to meet the increase in the demand for service. The
application as submitted would expand the current school facility by
six (6) classrooms totaling 8,352 square feet and would allow for the
addition of 53 students to the original approval action.
Agenda Item
February 25, 1991
Page Two
APPLICATION ANALYSIS:
The subject site fronts on Golden Springs Road and takes access to this
secondary highway at two points. A junior high school and commercial
center are located to the north and east and single family residences
ring the project site to the west and south. The secondary school and
commercial development are at lower elevations than the parochial
school and the residences are situated at an elevation overlooking the
school site.
The two floor classroom addition is proposed to be constructed to the
west of the existing gymnasium/administrative building overlooking the
athletic field. The building will be freestanding and will be connect-
ed to other structures only by sidewalks. The other buildings on site
consist of a parsonage, church sanctuary, and school building located
centrally on the site. Parking is provided to the north of the site
and extends east and to the southern portion of the site. A total of
122 parking spaces currently exist on the site.
The purpose of the addition is to provide a small expansion in student
enrollment capacity and to allow for less physically constrained facil-
ities. Currently, the school is utilizing portable trailers to meet
their student population. The upper floor of the proposed building
will house the day nursery facilities and the lower floor will be uti-
lized for the upper level students. There will be three classrooms in
addition to rest rooms located on each floor.
The proposed building is designed with the intention of maintaining
compatibility with the existing structures on site both in materials
utilized and also in the height. According to the original conditional
use permit, structures on the site were not to exceed 24 feet in height
above the finished grade. The new structure would not exceed the roof
line of the gymnasium, which is approximately 26 feet in height, and
will attain a height of 24 felt above grade. The new building is pro-
posed to be constructed partially into an embankment thus giving the
structure a one floor appearance from the east and north elevations and
two full floors from the south and west elevations. The exterior of
the new classroom structure will consist of stucco and wood in substan-
tial conformance with the materials currently in use on the project
site.
The addition of new permanent classrooms and a larger enrollment capac-
ity requires the school to provide an addition to the existing play
area. The project proposes to expand the current play area by con-
structing a retaining wall along the eastern elevation of the site and
grading the additional pad area. For safety, the applicant proposes a
wrought iron fence topping the retaining wall in order to control ac-
cess to the play yard.
Agenda Item
February 25, 1991
Page Three
ENVIRONMENTAL ASSESSMENT:
Review of the project during the initial study stage raised several is-
sues including traffic, noise, and visual impacts.
TRAFFIC: The expansion proposed by the applicant will not create addi-
tional trips on Golden Springs Road. The additional trips will be cre-
ated by the enlarged enrollment threshold. Staff is of the opinion
that by the nature of trips generated by a school facility of this na-
ture, the trips will be distributed over a greater time range thus off-
setting some of the negative impacts. The internal circulation of the
site is not altered by the proposed project and the parking on-site is
adequate.
NOISE: The application request will not result in an increase of the
ambient noise levels after the construction phase is completed. The
location of the recreation areas is oriented so as not increase the
noise currently impacting the neighborhood. The addition of 50 stu-
dents dispersed throughout the school will not perceptibly increase the
ambient sound levels on the project site.
VISUAL: The visual impact as a result of the additional structure is
potentially the most dramatic impact that could result from the pro-
ject. This was a very sensitive issue that had been raised by the res-
idents surrounding the project site when the original conditional use
permit was granted by the County. As a result of these concerns, the
County placed height restrictions on the project before them and for
any ensuing structures that might follow. As a result, the 24 feet
height limitation was placed in the conditions.
This proposal seeks a building 24 feet in height which will not match
or exceed the roof line of the building adjacent to it. There may be
some loss of view to the residents directly above the school site but
the visual impacts have been mitigated by limiting the height to a rea-
sonable limit. Because of the proposed location in relation to the
majority of potentially impacted homes, little of the valued visual
amenities are negatively impacted.
ENVIRONMENTAL DETERMINATION:
Categorical Exemption
FINDINGS OF FACT:
1. Granting the proposed conditional use permit with the conditions
and restrictions hereinafter mentioned will not be in substantial
conflict with any standards adopted for the City.
Agenda Item
February 25, 1991
Page Four
2. The requested use at the location proposed will not adversely af-
fect the health, peace, comfort or welfare of persons residing or
working in the surrounding area, and will not be materially det-
rimental to the use, enjoyment, or valuation of property of other
persons located in the vicinity of the site, and will not jeopar-
dize, endanger, or otherwise constitute a menace to the public
health, safety or general welfare.
3. The proposed site is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, land-
scaping and other development features prescribed in the ordinan-
ce, and as is otherwise required in order to integrate said uses
with the uses in the surrounding area.
4. The proposed site has adequate traffic access and said site is
adequately served by other public or private service facilities
which it requires.
5. The subject property is located at 23300 Gold Springs Road, Dia-
mond Bar, California.
6. The applicant's request is for a conditional use permit to autho-
rize the expansion of an existing parochial school -church facili-
ty and accessory uses by constructing a two story building con-
taining in excess of 8,000 square feet and six classrooms. Addi-
tionally the applicant requests permission to expand the student
enrollment by a maximum of 53 students.
7. The surrounding properties are developed with single family res-
idences to the south and west and with offices, a commercial cen-
ter, and a junior high school to the north and east.
8. The subject property is zoned R-3 and the use is conditionally
allowed within this zone.
9. The site is designated within the U2 zone of the Diamond Bar Com-
munity Plan.
10. The subject property is currently developed with a church sanc-
tuary, single family residence, gymnasium/ administrative build-
ing, and an educational building with day nursery facilities and
adequate off-street parking.
11. The proposed project will establish a school facility to accommo-
date the day nursery school on the top floor and a mixture of K -
8th on the ground floor.
12. The subject property fronts on and takes access from Golden
Springs Road and the existing utilities on site are sufficient to
accommodate the proposed expansion.
Agenda Item
February 25, 1991
Page Five
13. Residential properties located adjacent to the southerly boundary
of the subject property are located at elevations above the sub-
ject property and currently look down upon the existing church -
school site.
14. The preservation of views currently enjoyed by and previously
guaranteed to the residents located adjacent to the southerly
boundary of the subject property is a desirable objective which
will help to maintain the property values of said properties and
has been addressed by the project design.
15. The design will of the project has created mitigations which pre-
serve the visual amenities enjoyed by the adjacent residential
property owners while reducing potential noise having previously
relocated parking areas to the northern portion of the site and
locating recreation areas to the western elevation. Additional-
ly, the applicant is required to install inoperable (non -opening)
windows on the southerly walls of the proposed classroom build-
ing.
16. The project has been determined to be categorically exempt under
State Code 15323
RECOMMENDATIONS:
Adopt the Resolution of Approval and the appropriate conditions as at-
tached.
RLS: pjs
Attachments
Exhibit I - Conditions (90-130 and 1974(1)
Exhibit II - Site Plan and Elevations
Exhibit III - Existing Landscape Plan
RESOLUTION NO. 91-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 90-130 FOR THE
CONSTRUCTION OF A TWO FLOOR BUILDING CONTAINING SIX CLASSROOMS, TO
EXPAND THE EXISTING RECREATION/PLAYGROUND AREA, AND TO EXPAND THE
MAXIMUM ENROLLMENT TO 425 STUDENTS ON A SITE LOCATED TO THE
SOUTHWEST OF THE INTERSECTION OF GOLDEN SPRINGS ROAD AND DIAMOND
BAR BLVD AT 23300 GOLDEN SPRINGS ROAD, DIAMOND BAR AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Gary Stueve, on behalf of Mount Calvary Lutheran
Church, 23300 Golden Springs, Diamond Bar, California, has
heretofore filed an application for approval of Conditional Use
Permit 90-130 as described in the title of this Resolution.
Hereinafter in this Resolution referred to as "the application".
(ii) On February 25, 1991, the Planning Commission of
the City of Diamond Bar conducted a duly noticed public hearing or
the application and concluded said public hearing on the same date.
(iii) All legal prerequisites to the adoption of this
Resolution have occurred.
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.
The City Planning Commission hereby finds that
Categorical Exemption #1 has been prepared in
compliance with the California Environmental
Quality Actlof 1970, as amended, and the Guidelines
promulgated thereunder, and further, this Planning
Commission has reviewed and considered the
information in reference to the application.
3. The Planning Commission hereby specifically finds
and determines that, based upon 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, no
significant adverse environmental effects will
occur.
4. Based on the substantial evidence presented to this
Commission during the above -referenced public
hearing on February 25, 1991, including written and
oral staff reports, together with public testimony,
and in conformance with the terms and provisions of
California Government Code Sections 65360, this
Commission hereby specifically finds as follows:
1. The subject property is located at 23300 Gold
Springs Road Diamond Bar, California.
2. The applicant's request is for a conditional
use permit to authorize the expansion of an
existing parochial school -church facility and
accessory uses by constructing a two story
building containing in excess of 8,000 sq ft
and six classrooms. Additionally the
applicant requests permission to expand the
student enrollment by a maximum of 53
students.
The surrounding properties are developed with
single family residences to the south and west
and with offices, a commercial center, and a
junior high school to the north and east.
The subject property is zoned R-3 and the use
is conditionally allowed within this zone
5. The site is designated within the U2 zone of
the Diamond Bar Community Plan.
6. The subject property is currently developed
with a church sanctuary, single family
residence, gymnasium/administrative building,
and an educational building with day nursery
facilities and adequate off-street parking.
7. The proposed project will establish a school
facility to accommodate the day nursery school
on the top floor and a mixture of K -8th on the
ground floor.
8. The subject property. fronts on and takes
access from Golden Springs Road and the
existing utilities on site are sufficient to
accommodate the proposed expansion.
9. Residential properties located adjacent to the
southerly boundary of the subject property are
located at elevations above the subject
property and currently look down upon the
existing church -school site.
10. The preservation of views currently enjoyed by
and previously guaranteed to the residents
located adjacent to the southerly boundary of
the subject property is a desirable objective
which will help to maintain the property
values of said properties and has been
addressed by the project design.
11. The design will of the project has created
mitigations which preserve the visual
amenities enjoyed by the adjacent residential
property owners while reducing potential noise
having previously relocated parking areas to
the northern portion of the site and locating
recreation areas to the western elevation.
Additionally, the applicant is required to
install inoperable (non -opening) windows on
the southerly walls of the proposed classroom
building.
12. The project has been determined to be
categorically exempt under State Code 15323.
5. Based on the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission
hereby approves the application subject to the
following restrictions as to use:
1. The applicant shall file an affidavit of
approval stating that they are aware of, and
accept, all the conditions of this permit
before this permit is deemed effective;
2. It is hereby declared that and made a
condition of this permit that if any condition
hereof is violated, or if any law, statue, or
ordinance is violated, the permit shall be
suspended and the privileges granted hereunder
shall lapse; provided that the applicant has
been given written notice to cease such
violation and has failed to do so for a period
of thifty (30) days;
3. That the subject property shall be developed
in substantial compliance with the site plan
marked "Exhibit All, the materials board marked
"Exhibit B", and the plot plan marked "Exhibit
C" which are on file.
4. The two story classroom structure shall be
constructed with material identical to the
materials of the existing structures where
applicable and shall utilize bronze window
frames and solar bronze glass as exhibited on
the rendering marked "Exhibit D". The
classroom structure shall not exceed a height
in excess of 24 feet above finished grade;
of Civil Procedure Section 1094.6
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, return receipt
request, to GARY STUEVE AND MOUNT CALVARY LUTHERAN
CHURCH at their addresses as set forth on the
application.
APPROVED AND ADOPTED THIS THE 25TH DAY OF FEBRUARY, 1991.
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
ATTEST
David Schey, Chairman
James DeStefano, Secretary
I, James Destefano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning
Commission of the City of Diamond Bar, at a regular meeting of the
Planning Commission held on the 25th day of February, 1991, by the
following vote -to -wit: I
AYES:
(COMMISSIONERS:]
NOES:
[COMMISSIONERS:]
ABSENT:
[COMMISSIONERS:]
Exk-i'brr T_
CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 90-130
1. The applicant shall file an affidavit of approval stating that
they are aware of, and accept, all the conditions of this permit
before this permit is deemed effective;
2. It is hereby declared that and made a condition of this permit
that if any condition hereof is violated, or if any law, statue,
or ordinance is violated, the permit shall be suspended and the
privileges granted hereunder shall lapse; provided that the ap-
plicant has been given written notice to cease such violation and
has failed to do so for a period of thirty (30) days;
3. That the subjectpropertyshall be developed in substantial com-
pliance with the site plan marked "Exhibit All, the materials
board marked "Exhibit B", and the plot plan marked "Exhibit C"
which are on file.
4. The two story classroom structure shall be constructed with mate-
rial identical to the materials of the existing structures where
applicable and shall utilize bronze window frames and solar
bronze glass as exhibited on the rendering marked "Exhibit D".
The classroom structure shall not exceed a height in excess of 24
feet above finished grade;
5. All air conditioning equipment located outside the classroom bui-
lding shall not be located on the roof but shall be located in an
enclosure at the rear of the structure. The enclosure shall be
constructed if a material compatible with the exterior of the
main structure and shall Ve maintained in good condition;
6. The additional play area shall not have lighting which would pro-
vide for recreational activities after the approved hours of op-
eration which have been established under
CUP 1974-(l);
7.
The subject site shall maintain at least
121 off-street parking
spaces and this permit does not alter the
current parking provi-
sions and shall remain (in good repair;
8.
The total student population on the site
shall not exceed 425 at
time of maximum enrollment, no more than
76 children may be en-
rolled in the day care facility;
9.
That the project site shall not conduct school
related functions
and events that will continue between the
hours of 10:00 p.m. and
8:00 a.m.
10.
Maintain the existing landscaping in good
condition and do not
plant and vegetation that might grow to a
height in excess of 20
feet;
11.
No signage other than the permitted sign
at the entrance to the
site off Golden Springs Road, are approved or permitted as a part
of this application;
Conditions of Approval
February 25, 1991
Page Two
12. Comply with all conditions in effect as a result of the condi-
tional use permit 1974-(l) and remain unrevised as a result of
this grant;
13. That unless this permit is utilized within one year from the date
of the Planning Commission approval, the permit shall expire. A
one year extension may be requested in writing prior to such ex-
piration date.
CONDITIONAL USE PERMIT CASE NO. 1974-(1)
[4107193**WW]
1. This permit shall not be effective for any purpose until the
applicant and the owner of the property involved, or his duly
authorized representative, have filed at the office of the
Department of Regional Planning their affidavit stating that
they are aware of, and accept, all the conditions of this permit;
2. It is hereby declared to be the intent that if any provision of
- this permit is held or declared to be invalid, the permit shall
be void and the privileges granted hereunder shall lapse;
3. It is further declared and made a condition of this permit that
if any condition hereof is violated, or if any law, statute, or
ordinance is violated, the permit shall be suspended and the
privileges granted hereunder shall lapse; provided that the
applicant has been given written notice to cease such violation
and has failed to do so for a period of, thirty (30) days;
4. That all requirements of the Zoning Ordinance, Title 22 of the
Los Angeles County Code, and of the specific zoning of subject
property must be complied with unless set forth in the permit
or shown on the approved plot plan;
5. That the subject property shall be developed and maintained in
substantial compliance with the plot plan on file which is marked
"Revised Exhibit All;
�r�r,c� \;•� r.d ,..i Frw<,e� — Sal c.r �'-roe, �,_ Lic�:i - .
6. That the subject property shall be developed and maintained in
precise compliance with the renderings marked "Exhibit.D";
7. That the subject property shall be developed and maintained in
precise compliance with the elevations marked "Exhibit E";
6. The proposed facilities shall be developed and continuously
maintained in compliance with the floor plans marked "Exhibit F";
9. That all structures shall conform with the requirements of the
Sanitation Division of the Department of County Engineer, including
requirements.relatingfto solid waste storage;
10� That provisions shall be made for all natural drainage to the
satisfaction of the County Engineer. Drainage plans and two
signed grading plans shall be submitted to the County Engineer,
Environmental Development Division, for approval prior to grading
or construction;
11. That subject facility shall be developed and maintained in com-
pliance with requirements of Title 11 of the Los Angeles County
Code. Adequate water and sewage facilities shall be provided
to the satisfaction of said Health Code;
12. That three copies of a landscape plan which may be incorporated
into a revised plot plan shall be submitted to and approved by
the Planning Director prior to the issuance of a building permit.
CONDITIONAL USE PERMIT CASE NO. 1974-(1)
CONDITIONS
Page 2
The landscape plan shall depict size, type and location%of all
plants, trees and water facilities;
13. That all landscaping proposed to be provided on the subject
property shall be of a type which.is not likely to exceed a
height of twenty feet;
14. That all landscaping provided on the subject property shall be
continuously maintained at a height not to exceed twenty feet
above ground level;
15. That all landscaping on the subject property shall be continuously
maintained in an attractive manner;
16. That upon receipt of this letter, applicant shall contact the
Fire Prevention Bureau of the Los -Angeles County Forester and
Fire Warden to determine facilities that may be necessary to
protect the property from fire hazard. Water mains, access
routes, fire hydrants, and fire flow shall be provided as may
be required by said department;
17. That the location of air conditioning equipment, utility equip-
ment and elevator equipment atop the roofs of the proposed
structures on the subject property is prohibited;';;
18. That all air conditioning equipment,utility equipment and elevator
equipment which is located outside of the proposed structures
shall be screened from the view of surrounding residents through
the use of landscaping and masonry walls;
19. That the height of the proposed gymnasium -administration building
and the proposed educational building, including any projections
above the roof lines, shall not exceed the height of the existing
ridge line of the roof parapet of the existing sanctuary on the
subject property and shall not exceed the height specified in
Conditions 20 and 21 of this permit;
.
20. That the proposed gymnasium -administration building shall not
exceed a height of twenty-four feet above finished grades;
21. That the proposed educational building shall not exceed a height
of twenty-four feet above finished grades;
22. That a maximum of one single-family residence may be constructed
on the subject property;
23. That the proposed single-family residence shall not exceed a
height of fifteen feet above ground level or the height of the
existing grade of the adjacent residential lots along the southerly
boundary of the subject property, whichever is less;
CONDITIONAL USE PERMIT CASE_NO. 1974-(1)
CONDITIONS
Page 3
24. That the Department of County Engineer Division of Building and
Safety shall order any portion of the proposed development
constructed in violation of the height restrictions of this
grant to be demolished forthwith;
25. That the Department of County Engineer Division of Building and
Safety'shall not issue a Certificate of Occupancy until such time
as it has been determined that the proposed development is in
precise compliance with the height restrictions imposed by this
grant;
26. That all windows installed on the southerly wall of the proposed
gymnasium -administration building shall be fixed (non-operable)
windows developed with one -inch thick double -glazed, solar bronze
glass;
27. That a minimum of one hundred twenty one off-street parking spaces
shall be developed and maintained on the subject property as
depicted on the plot plan marked "Revised Exhibit All prior to
occupancy of the proposed gymnasium -administration building or
the proposed classroom building;
28. That all off-street parking spaces on the subject property shall
be continuously maintained in compliance with all of the provisions
and requirements of Title 22 of the Los Angeles County Code (the
Zoning Ordinance); -
29. That the conducting of recreational activities, public assemblies
or any social activities shall be prohibited on those paved
portions of the subject property which are designated as parking
facilities and driveways within one hundred fifty feet of the
southerly property line of the subject property;
30. That the highest level of instruction at school facilities on
the subject property shall be grade eight, except for Sunday
school;
31. That the maximum number of day school students which may be
accommodated on the subject property at any given time shall be
three hundred for grades K through eight and seventy-two for the
day care center;
32. That athletic fields on the subject property shall not be
equipped with artificial lighting which could accommodate night-
time activities. This condition does not preclude the installa—
tion and maintenance of security lighting facilities;
33. That athletic fields on the subject property shall not be utilized
between dusk and 8:30 a.m. Monday through Friday;
34. That athletic fields on the subject property shall not be utilized
between dusk and 10:00 a.m. Saturday and Sunday;
'CONDITIONAL USE PERMIT CASE NO. 1974-(1)
CONDITIONS
Page 4
35. That use of the athletic fields on the subject property'shall be
restricted to school and church related functions. Said athletic
fields shall not be hired out to groups unaffiliated with the
school and church facilities located on the subject property;
36. That the conducting of school related functions, other than adult
or parent meetings, shall be prohibited on the subject property
between the hours of 10:00 p.m. and 8:00 a.m.;
'37.' That all outside lighting on the subject property shall be
arranged to prevent glare or direct illumination of neighboring
residential properties;
38. That the trash pick-up and storage area shall be located on the
northerly portion of the subject property adjacent to the proposed
classroom facility;
39. That the unenclosed outside storage of junk, trash or any materials
on the subject property is prohibited. All outside storage shall
be conducted within the block structures which shall be Contin-
uously maintained in an attractive manner;
40. That the erection of or placement of signs, posters or banners
on the subject property is prohibited, except that one identica-
tion sign with a maximum face area of twenty four square feet may
be located on the property adjacent to East Golden Springs Drive
and on-site directional signs may be erected as needed;
41. That unless this grant is utilized within two years from the
date of Regional Planning Commission approval, the grant will
expire. (A one-year time extension may be requested prior to
such expiration date.)
RF:PMC:meg
11-17-82
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CrLlF- �C�o_130
CITY OF DIAMOND FIAR
DEPARTMENT OF PLANNING
DEPART,N= OF PLANNING
The following Information is necessary far the rev¢vr of ALL aoolications, Failure to furnith infofmataon well delay -Cion. Attach
extra sheets it necessary, Please read instrudlians carefully,
RECORD OWNER(S)
APPLICANT
Name Mt. Calvary Lutheran Obisr'ch �.?t fOr
Andres:23300 E. Go1derV8pring ,.„ %(c 7 i `17 ,.•: i i
Diamond Bar, C
t
Zio 91765 Pone 1711 861 0710 Zlo ' i t:, •Phone ('%'�I - `.'' -
� �7
APPLICANT'S AGENT
lEng,neer, Licensed Survcror, Otho
and piease indicate it engineer is a/sa an
agenU
N -me G. E. Busse Architect A.I.,
Add,e,s704 S. Primrose Ave.
c;ry Monrovia, CA
Z.p 91016P,one 181$-358-8835
!Attach sea ora to znee: .1 necessary, nc:udlhg names, -caresses, and signatures al mernd ets of oartnermms. -int lent"". no
directors of Cordontions 1
CONSEN'. I co,senr ra �rh7e suem,jjsshe
,on onapnbm
pcaorr acco,noanyq :nit rec.esiI ,
Signed b" L Case
(All record owners!
CCR `IF;CAi 1CN.' 1 heredy cerr,(y ✓nder penalty o/ perryry ,naf me ,n /dmlahon Herein Jrormed :i cvrC-: to me best o/ rhy
kmwiedge,
Signed v�
Date
iAool,cant or AooLcant'z Agent]
Location _ 23300 R_ Gnlden Snri 11qS
l Street address or distance aom nearest crass st tee:;
eel,"", Diamond Bar, Blvd. and Grand Ave.
} jl St-. ten s (streeet)
in Zone t'- � ' U . Zoned District A
( /)-''!Land Use, not postal (phel
HNM/FS �1,T.•Jl 1CS1 TBG Assessor 8717009001 CT
Planning Area
USGS
Contnec city Di a=pd Bar Suaervisonal District
General Plan Category
Local Pian Category (it aoplicaele)
Prolee, Sire (gross acres)
Previous Cases
Present Use of Site Church and School
Use japhed'o, Additional permanent classrooms
Local Plan
Proiea Density
Comes:•e'Namr source Public Camoany O,str:e: Walnut Water _DiS Yi {.
M<:non of Srsanr 0•s00sal C'i tty Samtanan Osstnc: T, A C.( tLt}7
G. admg of Lor. by Aaol.emq? Yes _ No_ Amount !Snow necessary gtad:ng eesugo no We Plan ar
tent. nao I
LEGAL OESCRIPTICN IAII o,cnersmn comornmg the Df Olmsed tots%Proleal If aennonmg for ;one c:unge. attach
heal eesenpum+ of e.tenor bounCanes of atn eunlee: to ine cnange.
See Exhi hi t "A" attached
APoRGPRIA TE 3URCENS OF PROCF MUST ACCCMPANY EACH TYPE CF RECUEST — C1eck each request
Oporto for and complete auowonam sec:mns.
® PLAN AMENDMENT REQUEST
Cauntyw:de,lacal Paan or Area Plan Land Use .Mao Change'.
F -on,, To Acres From Ta Aces
a
Ctner Cauniv-cede iGen Ce, . Hoo"ag 3 Stec. •sgmt.' Mao Clange
From To Acres F•om To Aces
Ie en [�ry Test Changetsl:o Cauntyctee Lxm or Area ?'an Ceuree
7po1 Aaroc: Umrs Carrem:v Auawed 3c (al C:9 Plan
Total Prole Units Pt"'llee H !al CN P!an Amenoec _
Total Aces Invoiced- :al
SCRVlcEs causing and P•000sea
Gas 3 E'ec:nc cd uca dor
. ve
Sher+ff
ZONE CHANGE REQUEST 11
Zone: From Acres Ta
Ibl LJC31 ibn
Ibl LJCal Plan An,InCeC
:bl
ACT'S
El CONDITIONAL USE PERMIT. VARIANCE. NONCONFORMING REVIEW ANO OTHER PERMITS
Permit Type Oro. No.
Pfolec: Site: Area devoted to ]T,VC:u s Open Space._
GruSS Area
Rrvccrnual P'olec:
Gcosr Area
NC JI 'Jti
NO.•nae• mC types JI tient]
Ind PrOOOseC penLtY
No at floors Umts'Acres
Reau,reo P•o-Ced TJ tal Reco:red
Ola: P'av�Ced
[�j The subject property contains no oak trees.
The subject property contains one or more oak trees, however the
applicant anticipates that no activity (grading and/or construction)
will take place within five (5) feet of the outer dripline of any
oak tree.
1 7 The subject property contains one or more oak trees and the applicant
states that activity (grading and/or construction) will take place
within five (5) feet of the outer dripline of any oak tree. an Oak
Tree Permit has been or will be applied for prior to any activity
taking place on the property.
Up. plicaut's Sivaturel
(Date)
(STAFF USE)
PROJEELT NLR9ER(s)
INITIAL STUDY QUESTIONNAIRE
COUNTY OF LOS ANGELES
Project Applicant (timer):
Mt. Calvary Lutheran
.Yate?
23300 E_ Golden_Surinrr-
Address
_(714) 861=807Q_____
Phone Humber
Project Representative:
Gary Stueve
Nam
167R Stnrrc PlarP
Addres
o43,n ;rte-COZZ66---
1. Action requested and project description: Reauestina construction approval. Addition
of classroom buildinEj to Pxistina school facilities
2. Streat location of project: 23300 E Widen Springs Dr., Diamond Bar, Ca.
3a. Present use of site: (,,hurch & .Srhool
3b. Previous use of site or structures: sane
4. Please list all previous cases
(if any) related to this project:
5. other related pe L•nit'aoorovals required.
Specify type and gr3nting agency.
6. kre you planning future
phases of anis project? /Y/ / If yes explain:
7. Project area:
Covered by structures, paving: /4000sq,44-
Landscaping„ open space: 49ft0/00 • 1.4
TO LiI •3 C?:f: 6000
10. ti3t_. ind s2'ar service. r
Does srr_ice exist -it site?
B. Nz.ber of floors:
9. Present zoning:
1f VgS, do pur:�lors reap' clpnclty _O .1&%t: 3c711:1-1
of prA.Jv= and n_1 ot'ler 1ppr Jvel? )r)je_ts?
If IOYlStI_ aiteC or Ju7Iiz Sew_Cs ire not
r:�:itnl•a, ala., .Jill Clus:a s:2r'r.,:es :1,D
O<m2St iC
Water
Jw /N/
Public
Sewers
� /NI
Residential projects:
11. Nu.:.)er and o: Units:
12. Schools:
Wnat school district(s) s:rves the property'
Are existing school facilities a3aquate to meet Project needs?
I£ not, what provisions will be mile for additional classrooms?
Non -Residential projects:
13. Distance to nearest residenti.il use or
sensitive use (school, hospital, etc.) (�—T _ _--_--- _
14. Neer arx9 floor Brea of buildings: 1 buildinq - 7000 sq. ftp_`
15. Nun.Ser of employees and shifts: 12/1
16. Mzxi.^.nn ---IDloyees per shift: ___2.fL_—_ 17. Operating hours: ti A_MtQ6 p.m.
18. Identify any: Ery'. products
waste products Sanitart7 wacta
means of disposal p„hlir Racaar _
19. Do projec-- operations use, store or Drocduce hazardous substances such as oil, _pesticides,
chemicals, paints, or radioactive materials? /Y/ H If yes, explain: —_
20. Do•your operations require any pressurized tanks? /Y% Al If yes, explain:
21. Identify any fla..—oole, reactive or explosive materials to be located on-site. mnnA
22. Will delivery or shipment trucks travel through
residential areas.to reach the nearest highway? /Yj
- 2 -
4&/ If yes, explain:
B. ENVIRONENrAL INPORHATIUN
1. Envirormental Setting -- Project Site
2.
a. Existing usc,'stractures Qhgrch& Sghool_oyeration consisting of sanctuary,
school�ldyllg,_gyIIuiasi�mt� and administrative offices
b. TopLgrapiiy. slopes _graded g1g12er hillside
'c.;- Vegetation
z e Fa =rcoarses
`.Cultiral•/historical resources none
g. other
-------------
�Vr
Environmental Setting -- Surrounding Area
a. Existing uses structures (types, densities): mP(3ival offinQS"bDp1�incLcenter,____ .
junior high school, residential housing
b. Topograo)iy,'slopes u; 11G;(jP rPG;dPntia]_ =en, level commercial develo�xuent_.
T
'c. Vwetation
*d. Aninals
w
historical resources
._W.
Nt,;-e any -ujor trees on
site, including oak. trees?
If fes, type and nu-c-,er: -----
4, will any natural watercourses, surface flow patterns., etc,
be chan3ed through project development?: /Y% _& If yes, explain ----- ----- _
*Answers are not required if the area does not contain natural, undeveloped Lind.
3 -
5. Grading:
will the project
require grading?
B. ENVIRONMENTAL INFORMATION (cont.)
If yes, how m:inv Will it be
/ /fW cubic yards? _-100 '_�/p(. balanced on site?
if not balanced, where will dirt be obtained or deposited)?
Are.there any identifiable landslides or other major geologic hazards on the property
(including uncompacted fill)? `Y] ZV If yes, explain:
vegetat
8. Noise:
Existi
9:"_
located within a high fire hazard area (hillsides with moderately dense" =?"
Xig Distance to nearest fire station: 1 mile
ng noise sources at site: minor ilayground noise ' _ to be generated by project: none _
Odors generated by project:
Gould toxic fares be generated?
lo. What energy -conserving designs or material will be used? those remi red by recrul
agents
I hereby certify that the statements furnished above and in the attached
ezhtbits'piesent the data and information required for this. initial
evalua£ion to`the best of my ability, an3_that the facts, statements,
aixl information presented are true and correct to,the best of my
knowledge and belief.
(signature)
For: Mt. Calvary Lutheran Church _
- 4 -
`'"' 8/85
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
PROPERTY OWNER:
APPLICANT:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
7
February 21, 1991
February 25, 1991
Development Agreement 91-2
A request to allow the sale of gaso-
line, including self-service; auto-
mated car wash; six bay automotive
detail facility, corporate offices
for the developer and a restaurant,
not to include take-out, through a
Development Agreement.
22000 Golden Springs Drive
Arciero & Sons, Inc.
950 North Tustin Avenue
Anaheim, CA 92807
Gary Clapp
Toran Development and Construction
23441 Golden Springs
Diamond Bar, California 91765
The applicant, Toran Development & Construction is proposing a project
consisting of a restaurant, an automatic car wash, a two story struc-
ture to house six bays, an automotive- detail facility on the first sto-
ry and corporate offices of the applicant on the second story and gaso-
line islands for self-service gasoline sales.
The proposed project is in a C -2 -BE (neighborhood business, billboard
exclusion) zone. The restaurant and offices, are permitted in this
zone by right. The automotive detail facility is permitted as an ac-
cessory use in the C -2 -BE zone. An automatic car wash is not permitted
in this zone by right or by CUP. Therefore, a Development Agreement is
necessary to allow this use in the C -2 -BE zone. The Community Plan
designation is commercial for this site.
Generally, the following uses surronn;9 the subject site: to the North
is the Pomona Freeway; to the South is C-M-BE-U/C (Commercial -manufac-
turing -Billboard Exclusion - Unilateral/Contract) zone; to the West is
the Pomona Freeway and C -2 -BE zone; to the East is open Space (OS) zone
which consists of a golf course.
Agenda Item
February 25, 1991
Page Two
APPLICATION ANALYSIS:
The project is located on a vacant 4.70 acre triangular shaped parcel.
This includes a pad area of approximately 106,000 square feet and slope
area on the perimeter of the property. Grading on this site will re-
sult in the moving of approximately fifty (50) cubic yards of soil to
be balanced on the site.
The proposed project area to be covered by structures is about 19,950
square feet. The landscaping and open space will equal 86,050 square
feet. The restaurant structure will 4,500 square feet and will have
seating far 175. The car wash structure will equal 7,600 square feet.
The office structure and six detail bays will equal 5,850 square feet
and will be two stories.
The car wash equipment will be automatic, one shift - 8 am to 6 pm, and
have twenty-five (25) employees to operate the car wash and detail fa-
cility. Unocal 76 gasoline sales will be self-service, three (3)
shifts, open twenty-four hours a day, and have one attendant for each
shift. It is estimated that the restaurant will have thirty-two (32)
employees and hours of operation are not confirmed.
The architectural style of the proposed site is Tudor. The applicant
believes that this style of architecture will be in harmony with the
country living of Diamond Bar, but it is not consistent with the con-
temporary style of the Gateway Corporate Center, which is in the imme-
diate surrounding area. The elevation of the largest wall of the car
wash structure that will face the freeway needs more architectural de-
tail needs to be added.
The materials used for the exterior of the structures of this proposed
project are Sierra tile, Vermont blend for the roof, La Habra stucco
and Belgian Castle Rock for the walls, wood facia painted the color of
limestone and Del Piso Endicott Brick for the chimneys.
On designated areas of the site plan (Exhibit "B-111), fencing will be
provided. Materials used for fencing will be rough wood painted white,
Belgian Castle Stone, rock and red brick. Fencing will be thirty-six
(36) inches high. Gas lantern type lighting will be provided on rock
pillars of the fencing as designated in Exhibit "B-411.
A clock tower, displaying the City Seal, will be placed on this site as
shown in Exhibit "B-411. The tower will be thirty-five (35) feet in
height and built from the same materials as the car wash office.
Applicant has not submitted a complete sign program for this project.
The applicant will be required to submit a complete sign program to the
Planning Department of the City of Diamond for review and approval by
the Planning Commission.
Agenda Item
February 25, 1991
Page Three
The landscape requirements in a C-2 zone is a minimum of 10% of the
parcel area. The landscaping for this site as proposed meets this ten
percent requirement.
The proposed site plan indicates sixty-one (61) parking spaces for the
restaurant with one hundred seventy-five occupancy load; twenty-five
parking spaces for the car wash and seventeen parking spaces for offic-
es. one more handicapped parking space needs to be provided. All par-
king spaces will have a minimum back-up of twenty-six (26) feet.
The applicant is pursuing letters of confirmation of intent from Marie
Callendar's, Hoff's Bar & Grill, Tony Roma's and other restaurants of
this caliber to occupy .the restaurant structure on this site. As of
the date on this staff report, the only letter of intent submitted to
the City is from Seven Fortune's Denny's Restaurant.
The proposed project is expected to generate approximately 2,200 daily
trips (half arriving and half departing), with 165 project related
trips anticipated in the am peak hours. The proposed project with its
addition of cumulative traffic is expected to result in an unacceptable
level of service at Golden Springs Drive/Grand Avenue intersection.
Therefore, mitigation measures will need to be taken.
The City Engineer has reviewed proposed project and recommends that two
(2) driveways proposed be merged into one. On and off-site circulation
patterns will need modification if only one (1) driveway is permitted.
Input from the Commission will be necessary to guide the staff on this
issue.
ENVIRONMENTAL ASSESSMENT:
The environmental evaluation shows that the proposed project could have
a significant effect on the environment. There will not be a signifi-
cant effect in this case because mitigation measures shall be incorpo-
rated into this proposed project and a Mitigated Negative Declaration
has been prepared.
NOTICE OF PUBLIC HEARING:
This item has been advertised in the San Gabriel Valley Tribute and the
Inland Valley Daily Bulletin newspapers. Notices were mailed to prop-
erty owners within a three hundred foot radius of the project site on
February 8, 1991.
Agenda Item
February 25, 1991
Page Four
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve the Mitigated
Negative Declaration and Development Agreement 91-2 with the conditions
as listed.
AJL:pjs
Attachments:
Exhibit
"A"
- Application
Exhibit"
B1"
- Site Plan
Exhibit
"BZ"
- Elevations
Exhibit
"B3"
- Landscape Plan
Exhibit
"B4"
- Study of Clock Tower and Fencing
Exhibit
"C"
- Initial Study
Exhibit
"D"
- Mitigated Negative Declaration
Exhibit
"E"
- Traffic Study Report
MITIGATED NEGATIVE DECLARATION
Case Number: DA 91-2
Applicant: Gary Clapp
Toran Development & Construction
23441 Golden Springs Drive
Diamond Bar, CA 91765
Proposal: A request to allow the sale .of gasoline, including
self-service; automated car wash; automotive detail
facility; corporate offices for the developer; and a
restaurant, not to include take-out, through the De-
velopment Agreement.
Location: 22000 Golden Springs Drive
Environmental
Findings: The proposed project, as determined in the City of
Diamond Bar, could have a significant effect on the
environment. There will not be a significant effect
in this case because the mitigation measures describ-
ed on the atached sheet have been incorporated into
the proposed project.
II. Discussion of Environmental Evaluation:
Mitigated Negative Declaration
Explanation to supplement eves" and "possible" answers given in
initial study.
Environmental Impacts:
1. Earth
b. Disruption, displacements, compaction or overcovering
of the sail? yes.
Explanation:
There will be the displacement of approximately fifty (50)
cubic yards of soil.
Mitigation•
The fifty (50) cubic yards of soil will be balanced on the
site.
7. Light and Glare
a. Will the proposal result in significant new light and
glare or contribute significantly to existing levels
of light and glare. Possibly
Explanation•
The proposed uses for this site will introduce lighting to
this site which could possibly create glare.-
F3
00
Mitigation:
Lighting plan shall
ment showing the
such a manner as to
to surrounding uses.
Land Use
be submitted to the Planning Depart -
lighting arranged and shielded in
prevent glare or direct illumination
a. A substantial alteration of the present or planned
land use in an area. Possiblv
Explanation:
The proposed use of an automated car wash is not permitted
in this zone by right or by CUP.
Mitigation:
A Development Agreement with appropriate conditions shall
be drawn up to allow the use in this zone.
Natural Resources
a. An increase in the rate of use of any natural resour-
ces. Possiblv
Explanation:
The proposed use of an automated car wash can possibly
cause an increase in the usage of water. The irrigation
of landscaping could possibly cause an increase in water
usage.
Mitigation:
Ninety percent (90%) of the water to be used for the pro-
posed car wash will be recyclable. According to the Wal-
nut Valley Water District, the irrigation for the land-
scaping can come from reclaimed water.
10. Risk of Upset
a. A risk of an explosion or the release of hazardous
substances (including, but not limited to oil, pesti-
cides, chemicals, or radiation) in the event of an
accident or upset condition. Possibly
Explanation:
When flammable chemicals, solvents, and gasoline are used,
there is always the possibility of explosion and release
of hazardous substances.
Mitigation:
The only chemical to be used would be paint thinner ap-
plied to a cloth for cleaning at the detail facility.
All cloths used would be laundered. There are four gas-
oline storage tanks to be installed for this proposed pro-
ject. Gasoline tanks will be double walled, fiberglass
RESOLUTION NO. DA 91-2
A RESOLUTION RECOMMENDING THE APPROVAL OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVAL OF DEVELOPMENT AGREEMENT 91-2 , AN
APPLICATION TO ALLOW THE SALE OF GASOLINE, AUTOMATED CAR WASH, SIX BAY
AUTOMOTIVE DETAIL FACILITY, CORPORATE OFFICES AND A RESTAURANT AT 22000
GOLDEN SPRINGS DRIVE - ASSESSOR'S PARCEL #8717-001-006.
A. Recitals
Gary Clapp, on behalf of Toran Development and Construction has
filed an application for a Development Agreement (D.A.) located
at 22000 Golden Springs Dr., Diamond Bar, California, as de-
scribed in the title of this Solution. Hereinafter in this Re-
solution, the subject Development Agreement application is re-
ferred to as "application".
On April 18, 1989, the City of Diamond Bar was established as a
duly organized municipal corporation of the State of Califor-
nia. On said date, pursuant to the requirements of the Calif-
ornia Government Code Section 57376, Title 21 and 22, the City
Council of the City of Diamond Bar adopted it Ordinance No. 1,
thereby adopting the Los Angeles County Code as the ordinances
of the City of Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contains the Development Code of the County of Los
Angeles now currently applicable to development applications,
including the subject Application, within the City of Diamond
Bar.
3. Because of its recent incorporation, the City of Diamond Bar
lacks an operative General Plan. Accordingly, action was taken
on the subject Application, as to consistency to the General
Plan, pursuant to the terms and provisions of California Gov-
ernment § 65360.
4. The Planning Commission of the City of Diamond Bar, on February
25, 1991 conducted a duly noticed public hearing on said Appli-
cation and concluded said public hearing on that date.
1
5. All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Plan-
ning 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 Mitigated Nega-
tive Declaration has been prepared in compliance with the CEQA
of 1970, as amended, and guidelines promulgated thereunder,
and, further this Planning Commission has reviewed and consid-
ered the information contained in the said Mitigated Negative
Declaration with respect to the application.
3. Based upon substantial evidence presented to this Commission
during the above -referenced February 25, 1991, public hearing
and oral testimony provided at the hearing, this Commission
hereby specifically finds as follows.
(a) The project relates to a site which is comprised of 4.70
acres of vacant land within the C -2 -BE zone on the North
side or Golden Springs Drive, City of Diamond Bar, Cali-
fornia.
(b) Generally, to the north is the Pomona Freeway, to the
south is C-M-BE-U/C_zone, to the east is OS (open space)
which consists of a golf course.
(c) This property is designated by the Community Plan for Com-
mercial development.
(d) The nature, condition, and size of the site has been con-
sidered. The site is adequate in size to accommodate the
type of development being proposed as depicted within Ex-
hibits B1, BZ, and B4.
(e) The Development Agreement will not have an adverse impact
on adjacent or adjoining residential commercial uses. It
will not be materially detrimental to the use, enjoyment,
or valuation of property of other persons located in the
vicinity and the Development Agreement will not adversely
affect the health or welfare of persons residing or work-
ing in the surrounding area.
(f) The subject property shall be maintained and operated in
full compliance with the conditions of this grant and any
law, statute, ordinance or other regulations applicable to
any development or activity of the subject property. Fail-
ure of the permittee to cease any development shall be a
violation of these conditions.
4. Based upon the substantial evidence and conclusion set
forth herein above, and conditions set forth below in this
Resolution, presented to the Planning Commission on Febru-
ary 25, 1991, public hearing as set forth above, this Com-
mission in conformance with the terms and provisions of
California Government Code § 65360, hereby finds and con-
cludes as follows:
(a) The development shall conform to all plans as submit-
ted to and approved by the Planning Commission la-
beled Exhibits B,, Bz, and B4.
(b) This grant allows for the development of a commercial
project with structures equaling approximately 19,950
square feet on a 4.70 acre site.
(c) Perimeter slopes of this project shall be landscaped.
(d) Revised lighting, landscaping, irrigation, and fenc-
ing plan (which is to surround the site) shall be
submitted to the City Planning Department and the
Director of Parks and Maintenance for review and ap-
proval within sixty (60) days of the project's final
approval from the City Council. Revised site plan
shall be submitted to include trash enclosures.
(e) The subject site and landscaping shall be maintained
in good condition.
(f) The architectural style of detail bays/corporate of-
fice building shall match the architectural style of
the car wash.
(g) Maximum height of all structures on this site is
thirty-five (35) feet.
(h) The materials used for the exterior of the structures
of this proposed project are Sierra tile, Vermont
blend for the roof, Ld Habra stucco and Belgian Cas-
tle Rock for the walls, wood facia painted the color
of limestone and Del Piso Endicott Brick for the
chimneys.
(i) Front setbacks for the restaurant and detail bays/of-
fice structure shall be a minimum of fifteen (15)
feet.
(j) Maximum height of all structures on this site is
thirty-five (35) feet.
(k) The hours of operation for the car wash and detail
bay shall be between the hours of 8 am and 6 pm. The
hours of operation for self-service gasoline sales
shall be 24 hours a day.
(1) Delivery of gasoline fuel to this site shall be lim-
ited to between the hours of 10 pm and 6 am.
(m) A sign program shall be submitted to the City for
review and approval by the Planning Commission.
(n) The custom polish detail shop shall not include auto
body and fender work or auto paint work.
(o) All detailing functions shall take place within the
confines of the detail bays.
(p) No portion of this facility shall be converted or
added to, for the express purpose of providing a con-
venience store or snack shop.
(q) There shall be no outdoor displays of merchandise of
any kind on this site.
(r) Outside speaker volumes shall be modulated so as to
not exceed ten decibels over ambient noise levels at
property line.
(s) All mechanical equipment needs for all uses on this
site shall be enclosed within the appropriate build-
ing.
(t) Water reclamation and conservation devices shall be
incorporated into the design of the car wash and ir-
rigation system for landscaping.
(u) The chemicals and detergents used for cleaning of the
vehicles shall be composed of biodegradable com-
pounds.
(v) Petroleum waste products shall be disposed of by ap-
propriate methods and shall not be discharged into
the public sewer system except as allowed by law.
(w) The proposed restaurant for this site shall be of the
size and caliber of a Marie Callender's, Hof's Bar &
Grill, or Tony Roma's.
(x) All on-site utility services shall be installed under
ground.
(y) Any work to be done within the City right-of-way re-
quires prior approval from the Engineering Department
of the City of Diamond Bar. The appropriate permits
are to be obtained and all construction is to be per
City specifications.
(z) Grading plans and drainage plans shall be submitted
to the Planning Department and Engineering Department
for review and approval.
(aa) Any broken or damaged curbs, gutters, sidewalks and
pavement on streets within or abutting this project
shall be repaired by the applicant.
(ab) The project must be developed to the satisfaction of
the Planning and the City Engineering Department in-
cluding traffic mitigation conditions stipulated in
the revised traffic report.
(ac) Because of the high speed and considering the width
of the available through traffic lanes as well as
site visibility on Golden Springs Drive, it is recom-
mended that the number of driveways be limited to one
(1).
(ad) Truck turning radius must be considered when design-
ing the driveways and the turns into the site and out
of the site.
(ae) Level of service (LOS) calculations for the future
should include the year 2002. 1992 must be the pro-
ject year.
(af) Mitigation measures must clearly be defined and fair
share lost estimate must be analyzed to the satisfac-
tion of the City Engineer.
(ag) Traffic signals at both Grand Avenue/Golden Springs
Dr. and Golden Springs Dr. /Brea Canyon Rd. must be
evaluated and mitigation measures must be defined to
the satisfaction of the City Engineer:
(ah) Freeway diversions must be discussed and the logis-
tics must be acceptable to the City Engineer.
(ai) Occupancy of the facilities shall not commence until
such time as all Uniform Building Codes, State Fire
Marshall's regulations, and Planning requirements
have been complied with.
(aj) All special assessments, utilities, sewers or storm
drain connection fees are to be paid prior to recor-
dation.
(ak) The applicant shall pay for all costs associated with
plan check, review of documents, permits and inspec-
tions required by the City of Diamond Bar.
(al) This grant shall not be effective for any purpose
until the permittee and the owner of the property
involved. (if other than the permittee) have filed,
at the City of Diamond Bar Planning Department, their
affidavit stating that they are aware of and agree to
accept all the conditions of this grant.
5. This Commission hereby provides notice to Gary Clapp for
Toran Development that the time within which judicial re-
view of the decision represented by this Resolution must
be sought is governed by the provisions of the California
Code of Civil Procedure Section 1094.6
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, return receipt request, to Gary Clapp at
the address as set forth on the application.
APPROVED AND ADOPTED THIS THE 25TH DAY OF FEBRUARY, 1991.
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
m
ATTEST
David Schey, Chairman
James DeStefano, Secretary
I, James Destefano, Secretary of the Planning Commission of the City of
Diamond Bar, do hereby certify that the foregoing Resolution was duly
introduced, passed, and adopted by the Planning Commission of the City
of Diamond Bar, at a regular meeting of the Planning Commission held on
the 25th day of February, 1991, by the following vote -to -wit:
AYES:
[COMMISSIONERS:]
NOES:
[COMMISSIONERS:]
ABSENT:
[COMMISSIONERS:]
AJL:pjs
ORDINANCE NO. (1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING THAT DOCUMENT
ENTITLED "DEVELOPMENT AGREEMENT NO. DA 91-2
CONCERNING PROPERTY LOCATED AT 22000 GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA" AND
AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON
BEHALF OF THE CITY OF DIAMOND BAR.
A. Recitals.
(i) California Government Code Section 65864 provides,
in pertinent part, as follows:
"The Legislature finds and declares that:
"(a) The lack of certainty in the approval
of development projects can result in a waste of
resources, escalate the cost of housing and other
developments to the consumer, and discourage
investment in and commitment to comprehensive planning
which would make maximum efficient utilization of
resources at the least economic cost to the public.
"(b) Assurance to the applicant for a development
project that upon approval of the project, the applicant
may proceed with the project in accordance with existing
policies, rules and regulations, and subject to
conditions of approval, will strengthen the public
planning process, encourage private participation in
comprehensive planning, and reduce the economic costs of
development. ."
(ii) California Government Code Section 65865 provides,
in pertinent part, as follows:
"Any city . . . , may enter into a development
agreement with any person having a legal or equitable
interest in real property for the development of such
property as provided in this article. . ."
(iii) California Government Code Section 65865.2
provides as follows:
"A development agreement shall specify the duration
of the agreement, the permitted uses of the property,
the density or intensity of use, the maximum height and
size of proposed buildings, and provision for
reservation or dedication of land for public purposes.
The development agreement may include conditions, terms,
restrictions and requirements for subsequent
discretionary actions, provided that such conditions,
terms, restrictions and requirements for subsequent
discretionary actions shall not prevent development of
the land for the uses and to the density or intensity of
development set forth in the agreement. . .1'
(iv) Attached to this Ordinance, marked Exhibit "A" and
incorporated herein by reference, is a proposed Development
Agreement No. DA 91-2, concerning that approximately 5 acre
parcel located at 22000 Golden Springs Drive, in the City of
Diamond Bar, and as legally described within the attached Exhibit
"A." Hereinafter in this Ordinance, that agreement attached
hereto as Exhibit "A" is referred to as "the Development
Agreement."
(v) This City Council has heretofore adopted an
ordinance amending the zone designation for the subject property
from Light Industrial designation to Restricted Commercial. The
proposed developer of the property and the City desire to provide
through the attached Development Agreement specific development
options and controls on the site which will provide for maximum
efficient utilization of the site in accordance with sound
planning principles, all in accordance with the above -referenced
provisions of law.
(vi) On February 25, 1991, the Planning Commission of
the City of Diamond Bar held a duly noticed public hearing
concerning the proposed Development Agreement and has recommended
to this Council the adoption of the Development Agreement.
(vii) This Council has heretofore conducted a duly
noticed public hearing concerning the potential adoption of the
Development Agreement and said public hearing was concluded prior
to the adoption of this Ordinance.
(viii) All legal( prerequisites to the adoption of this
Ordinance have occurred.
B. ordinance.
NOW, THEREFORE, the City Council of the City of
Diamond Bar does ordain as follows:
1. In all respects as set forth in the Recitals, Part
A, of this Ordinance.
2. (a) The City Council of the City of Diamond Bar
hereby finds that Negative Declaration No. 91- , adopted with
respect to the project on April 2, 1991, was prepared in
compliance with the California Environmental Quality Act of 1970,
as amended, and the Guidelines promulgated thereunder and that
this Council has reviewed and considered the information
contained in said Negative Declaration with respect to the
project identified in this Ordinance.
(b) The City Council hereby specifically finds
and determines that, based upon the findings set forth below, and
changes and alterations which have been incorporated into and
conditioned upon the proposed project, no significant adverse
environmental effects will occur.
(c) The City Council finds that facts supporting
the above-specified findings are contained in the Negative
Declaration, the staff report and exhibits, and the information
provided to this City Council during the public hearing conducted
with respect to the project and the Negative Declaration.
Mitigation measures will be made a condition of approval of said
project and are intended to mitigate and/or avoid environmental
effects identified in the Negative Declaration.
3. This Council specifically finds that:
(a) The location, design and proposed uses set
forth in the Development Agreement are compatible with the
character of existing development in the vicinity;
(b) The Development Agreement will produce within
the project an environment of stable and desirable character, and
will not tend to cause traffic congestion on surrounding streets;'
(c) The proposed development will be well
integrated into its setting;
(d) Provision has been designed in the proposed
development for both private and public open spaces at least
equivalent to that required by the Zone; and
(e) (1) 'here is a reasonable probability that
the land use proposed for approval hereby will be consistent with
the general plan proposal being considered;
(2) There is little or no probability of
substantial detriment to or interference with the future adopted
general plan if the proposed use is ultimately inconsistent with
the proposed general plan; and
(3) The proposed use complies with all other
applicable requirements of state law and local ordinances.
4. It is expressly found that the public necessity,
general welfare and good zoning practice require the approval of
the Development Agreement.
P
5. This Council hereby approves the Development
Agreement attached hereto as Exhibit "A."
6. This Council hereby authorizes and directs the
Mayor and City Clerk to execute the Development Agreement on
behalf of the City of Diamond Bar forthwith upon adoption of this
Ordinance.
7. The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be posted in three (3)
public places as specified by Resolution No. 89-6.
ADOPTED AND APPROVED this 24th day of April, 1991.
Mayor
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 19th day of March, 1991, and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the 2nd day of April, 1991, by the
following vote:
►�� Ki1�A[�}*p15i�fui3tii7.�
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
N\1012\DA91-20R\DB 6.12D 4
Recorded At the Request
Of And When Recorded
Mail To:
Lynda Burgess
City Clerk
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765
DEVELOPMENT AGREEMENT NO. 91-2 CONCERNING PROPERTY
LOCATED AT 22000 GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA
THIS AGREEMENT is made and entered into as of the
"Effective Date" set forth herein by and between ARCIERO & SONS,
INC., and GARY CLAPP, a sole proprietor, (I'Developer") and the
CITY OF DIAMOND BAR, a municipal corporation organized and
existing under the laws of the State of California ("City").
W I T N E S S E T H•
A. Recitals.
(i) California Government Code Sections 65864, et seq.
authorize cities to enter into binding development agreements
with persons having legal or equitable interests in real property
for the development of such property.
(ii) Developer owns all interest in and to that real
property located entirely within City, the common and legal
description of which is set forth in Exhibit "A," attached hereto
and incorporated herein by this reference and hereinafter is
referred to as "the Site.
(iii) The Site is now zoned C -2 -B-E (Neighborhood
Business, Billboard Exclusion Zone) pursuant to the provisions of
City's Zoning Ordinance and Zoning Map, as amended to date
hereof. Developer and City desire to provide through this
Development Agreement more specific development controls on the
Site which will provide for maximum efficient utilization of the
Site in accordance with sound planning principles.
(iv)
Ordinance No.
Agreement with
On , 1991, City adopted its
thereby approving this Development
Developer and said Ordinance was effective on
, 1991.
1
B. Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless the context
otherwise requires, the following terms shall have the following
meaning:
a. "City" is the City of Diamond Bar.
b. "Developer" is ARCIERO & SONS, INC. and GARY CLAPP or
any _assignee thereof.
C. "Development Plan" are those plans and specifications
attached hereto, marked as Exhibit "B" and
incorporated herein by this reference, and comprised
of the documents including, but not limited to,
landscape plan, a site plan, design elevations),
and site utilization map, stamped "Received,
" The Development Plan attached
hereto includes various conditions of approval set
forth in Exhibit "C" hereto which are not changed,
altered or modified by this Development Agreement
unless specifically set forth herein. The project
also includes the records of applications by Developer,
the proceedings before the Planning Commission and City
Council, and all such records and files in these
matters are incorporated herein by this reference as
though set forth in full.
d. "Project" is that development approved for the Site as
provided in this Development Agreement comprised of a
automated car wash, six bay automotive detail facility,
corporate offices for the developer and restaurant,
all as reflected in the Development Plans attached
hereto as Exhibit "B" and the conditions set forth in
Exhibit "C."
e. "Effective Date" shall mean the 31st calendar day
following adoption of the ordinance approving this
Agreement by City's City Council.
2. Recitals. The recitals are part of the agreement between
the parties and shall be enforced and enforceable as any other
provision of this Agreement.
3. Interest of Property Owner. Developer warrants and
represents that it has full legal title to the Site, that it has
full legal right to enter into this Agreement and that the
persons executing this Agreement on behalf of Developer have been
duly authorized to do so.
4. Binding Effect of Agreement. Developer hereby subjects the
Project and the land described in Exhibit "A" hereto to the
covenants, reservations and restrictions as set forth in this
Agreement. The City and the Developer hereby declare their
specific intent that the covenants, reservations and restrictions
as set forth herein shall be deemed covenants running with the
land and shall pass to and be binding upon Developer's successors
and assigns in title or interest to the Project. Each and every
contract, deed or other instrument hereinafter executed, covering
or conveying the Project or any portion thereof shall
conclusively be held to have been executed, delivered and
accepted subject to the covenants, reservations and restrictions
expressed in this Agreement, regardless of whether such
covenants, reservations and restrictions are set forth in such
contract, deed or other instrument.
City and Developer hereby declare their understanding
and intent that the burden of the covenants, reservations and
restrictions set forth herein touch and concern the land in that
the Developer's legal interest in the Project is rendered less
valuable thereby. The City and Developer hereby further declare
their understanding and intent that the benefit of such covenants
touch and concern the land by enhancing and increasing the
enjoyment and use of the Development by Developer and the future
occupants of the Project, the intended beneficiaries of such
covenants, reservations and restrictions, and by furthering the
public purposes for which this Agreement is adopted. Further;
the parties hereto agree that such covenants, reservations and
restrictions benefit all other real property located in the City
of Diamond Bar, provided, however, that only City shall be
entitled to enforce the provisions hereof pursuant to paragraph
16, below.
5. Relationship of Parties. It is understood that the
contractual relationship between City and Developer is such that
Developer is an independent party and is not the agent of City
for any purpose whatsoever and shall not be considered to be the
agent of City for any purpose whatsoever.
6. Term of Agreement. The term of the Agreement shall commence
on the effective date and shall expire on December 31, 2016, so
long as Developer remains in material compliance with this
Agreement, as from time to time amended.
7. Construction. Developer shall complete construction work
for the Project on the Site, and all phases thereof, including,
but not limited to, landscaping and all off-site improvements,
pursuant to a building permit or permits issued by City within
three (3) years following the effective date. Notwithstanding
any other term or provision of this Agreement, Developer shall
complete rough grading of the Site, in accordance with approved
3
grading plans, within eighteen (ls) months of the effective date.
Failure to construct the Project shall cause this Agreement to be
void and of no further force and effect; provided, however, that
completion of the hotel portion of the Project, together with all
required off-site improvements and perimeter landscaping
requirements, and compliance with the terms of this Agreement
pertaining to the hotel portion shall not render this Agreement
void as to the hotel portion.
8. Assignment. Developer shall have the right to sell, lease,
ground lease, mortgage, hypothecate, assign or transfer all or
any portion __of__this _Site _(as may be subsequently subdivided), to
any person or entity at any time during the term of this
Development Agreement. Any such transfer shall be deemed to
include an assignment of all rights, duties and obligations
created by this Development Agreement with respect to all or any
portion of the Site. The assumption of any or all of the
obligations of Developer under this Agreement pursuant to any
such transfer shall relieve Developer, without any act or
concurrence by the City, of its legal duty to perform those
obligations except to the extent that Developer is in default
with respect to any and all obligations at the time of the
proposed transfer.
9. General Standards and Restrictions Pertaining to Development
of the Site. The following specific restrictions shall apply to
the use of the Site pursuant to this Development Agreement:
a. Developer shall have the right to develop the Project
on the Site in accordance with the terms and conditions
of this Agreement and City shall have the right to
control development of the Site in accordance with
the provisions of this Agreement.
b. The density and intensity of use, the uses allowed, the
size of proposed buildings, provisions for the
reservation or dedication of land for public purposes,
the maximum height of proposed buildings and location
of public improvements, together with other terms and
conditions of development applicable to the Site, shall
be as set forth in this Development Agreement and the
attached Development Plan.
10. Effect of City Regulations on Development of Project.
Except as expressly provided in this Development Agreement, all
substantive and procedural requirements and provisions contained
in City's ordinances, specific plans, rules and regulations,
including, but not limited to, the Zoning Ordinance, in effect as
of the effective date of this Development Agreement, shall apply
to the construction and development of the Site.
112
a. The provisions of this paragraph 10 shall not preclude
the application to the development of the Site those
changes in City ordinances, regulations, plans or
specifications which are specifically mandated and
required by changes in state or federal laws or
regulations as provided in California Government Code
Section 65869.5 or any successor provision or
provisions.
b. The payment of fees associated with the construction
of the Project, including land use approvals,
development fees, building permits, etc., shall be
pursuant to those fees in effect at the time
application is made for such approvals or permits.
C. City may apply any and all new ordinances, rules,
regulations, plans and specifications to the
development of the Site after the effective date
provided such new rules and regulations do not
conflict with the terms of this Development
Agreement as of the effective date.
d. Nothing herein shall prevent the application of
health and safety regulations (i.e., fire,
building, seismic, plumbing and electric codes)
that become applicable to the City as a whole.
11. Permitted Uses. Those uses allowed on the Site shall be as
follows:
a. Permitted Uses.
1. Sales.
Art Galleries.
Art supply stores.
Automobilelservice stations, limited to automobile
accessories and facilities necessary to
dispensing petroleum products only.
Automobile supply stores.
Automobile washing, waxing and polishing, car
washes.
Bakery Shops, including baking only when
incidental to retail sales from the premises.
Bookstores.
Confectionery or candy stores, including making
only when incidental to retail sales from
the premises.
Delicatessens.
Florist shops.
Gift shops.
Hobby supply stores.
5
Ice cream shops.
Jewelry stores.
Leather goods stores.
Notions or novelty stores.
Photographic equipment and supply stores.
Silver shops.
Sporting goods stores.
Stationery stores.
Tobacco shops.
Toy stores.
2. Services.
Barber shops.
Beauty shops.
Bicycle rentals.
Locksmith shops
Lodge halls.
Offices, business or professional.
Photography studios.
Shoe repair shops.
Tailor shops.
Watch repair shops.
b. Uses Requiring Conditional Use Permit.
Restaurants and other eating establishments including
foot take-out.
12. Annual Review. During the term of this Development
Agreement, City shall annually review the extent of good faith
compliance by Developer with the terms of this Development
Agreement. Developer shall file an annual report with the City
indicating information regarding compliance with the terms of
this Development Agreement no later than March 15 of each
calendar year.
13. Indemnification. Developer agrees to, and shall, hold City
and its elected officials, officers, agents and employees
harmless from liability for damage or claims for damage for
personal injuries, including death, and claims for property
damage which may arise from the direct or indirect operations of
Developer or those of his contractor, subcontractor, agent,
employee or other person acting on his behalf which relate to the
construction and operation of the Project. Developer agrees to,
and shall, defend City and its elected officials, officers,
agents and employees with respect to actions for damages caused
or alleged to have been caused by reason of Developer's
activities in connection with the Project. This hold harmless
provision applies to all damages and claims for damage suffered
or alleged to have been suffered by reason of the operations
referred to in this Development Agreement regardless of whether
or not the City prepared, supplied or approved the plans,
specifications or other documents for the Project.
14. Amendments. This Agreement may be amended or canceled, in
whole or in part, only by mutual written consent of the parties
and then in the manner provided for in California Government Code
Sections 65868, et seq., or their successor provisions.
15. Minor Amendments to Development Plan. Upon the written
application of Developer, minor modifications and changes to the
Development Plan may be approved by the Director of Planning
pursuant to the terms of City's Zoning ordinance.
16. Enforcement. In the event of a default under the provisions
of this Agreement by Developer, City shall give written notice to
Developer (or its successor) by registered or certified mail
addressed at the address stated in this Agreement, and if such
violation is not corrected to the reasonable satisfaction of City
within sixty (60) days after such notice is given, or if not
corrected within such reasonable time as may be required to cure
the breach or default if said breach or default cannot be cured
within sixty (60) days (provided that acts to cure the breach or
default must be commenced within said sixty (60) days and must
thereafter be diligently pursued by Developer), then City may,
without further notice, declare a default under this Agreement
and, upon any such declaration of default, City may bring any
action necessary to specifically enforce the obligations of
Developer growing out of the operation of this Development
Agreement, apply to any court, state or federal, for injunctive
relief against any violation by Developer of any provision of
this Agreement, or apply for such other relief as may be
appropriate.
17. Event of Default. Developer is in default under this
Agreement upon the happening of one or more of the following
events or conditions:
a. If a material warranty, representation or statement
is made or furnished by Developer to City and is
false or proved to have been false in any material
respect when it was made;
b. If a finding and determination is made by City
following an annual review pursuant to paragraph 12
hereinabove, upon the basis of substantial evidence,
that Developer has not complied in good faith with
any material terms and conditions of this Agreement,
after notice and opportunity to cure as described
in paragraph 16 hereinabove; or
7
C. A breach by Developer of any of the provisions or
terms of this Agreement, after notice and opportunity
to cure as provided in paragraph 16 hereinabove.
18. No Waiver of Remedies. City does not waive any claim of
defect in performance by Developer if on periodic review City
does not enforce this Agreement. Nonperformance by Developer
shall not be excused because performance by Developer of the
obligations herein contained would be unprofitable, difficult or
expensive or because of a failure of any third party or entity,
other than City. All other remedies at law or in equity which
are not otherwise provided for in this Agreement are available to
the parties to pursue in the event that there is a breach of this
Development Agreement. No waiver by City of any breach or
default under this Development Agreement shall be deemed to be a
waiver of any other subsequent breach thereof or default
hereunder.
19. Rights of Lenders Under this Agreement. Should Developer
place or cause to be placed any encumbrance or lien on the
Project, or any part thereof, the beneficiary ("Lender") of said
encumbrance or lien shall have the right at any time during the
term of this Agreement and the existence of said encumbrance or
lien to:
a. Do any act or thing required of Developer under this
Agreement, and any such act or thing done or performed
by Lender shall be as effective as if done by
Developer;
b. Realize on the security afforded by the encumbrance or
lien by exercising foreclosure proceedings or power of
sale or other remedy afforded in law or in equity or by
the security document evidencing the encumbrance or
lien (hereinafter referred to as "a trust deed");
C. Transfer, convey or assign the title of Developer to
the Project to any purchaser at any foreclosure sale,
whether the foreclosure sale be conducted pursuant to
court order or pursuant to a power of sale contained
in a trust deed; and
d. Acquire and succeed to the interest of Developer by
virtue of any foreclosure sale, whether the fore-
closure sale be conducted pursuant to a court order
or pursuant to a power of sale contained in a trust
deed.
20. Notice to Lender. City shall give written notice of any
default or breach under this Agreement by Developer to Lender (if
known by City) and afford Lender the opportunity after service of
the notice to:
E
a. Cure the breach or default within sixty (60) days
after service of said notice, where the default can
be cured by the payment of money;
b. Cure the breach or default within sixty (60) days
after service of said notice where the breach or
default can be cured by something other than the
payment of money and can be cured within that
time; or
c. , Cure the breach or default in such reasonable time
as may be required where something other than
payment of money is required to cure the breach
or default and cannot be performed within sixty (60)
days after said notice, provided that acts
to cure the breach or default are commenced within
a sixty (60) day period after service of said
notice of default on Lender by City and are
thereafter diligently continued by Lender.
21. Action 12Y Lender. Notwithstanding any other provision of
this Agreement, a Lender may forestall any action by City for a
breach or default under the terms of this Agreement by Developer
by commencing proceedings to foreclose its encumbrance or lien on
the Project. The proceedings so commenced may be for foreclosure
of the encumbrance by order of court or for foreclosure of the
encumbrance under a power of sale contained in the instrument
creating the encumbrance or lien. The proceedings shall not,
however, forestall any such action by the City for the default or
breach by Developer unless:
a. They are commenced within sixty (60) days after
service on Developer of the notice described herein-
above;
b. They are, after Ihaving been commenced, diligently
pursued in the manner required by law to completion;
and
C. Lender keeps and performs all of the terms,
covenants and conditions of this Agreement requiring
the payment or expenditure of money by Developer
until the foreclosure proceedings are complete or
are discharged by redemption, satisfaction or
payment.
22. Notice. Any notice required to be given by the terms of
this Agreement shall be provided by certified mail, return
receipt requested, at the address of the respective parties as
specified below or at any other such address as may be later
specified by the parties hereto:
9
To Developer: ARCIERO & SONS, INC.
950 North Tustin Avenue
Anaheim, California 92807
GARY CLAPP
Toran Development and Construction
23441 Golden Springs
Diamond Bar, California 91765
To City: City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: City Manager
23. Attorneys' Fees. In any proceedings arising from the
enforcement of this Development Agreement or because of an
alleged breach or default hereunder, the prevailing party shall
be entitled to recover its costs and reasonable attorneys' fees
incurred during the proceeding as may be fixed within the
discretion of the court.
24. Binding Effect. This Agreement shall bind, and the benefits
and burdens hereof shall inure to, the respective parties hereto
and their legal representatives, executors, administrators,
successors and assigns, wherever the context requires or admits.
25. Applicable Law. This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
26. Partial Invalidity. If any provisions of this Agreement
shall be deemed to be invalid, illegal or unenforceable, the
validity, legality or enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby.
1
27. Recordation. This Agreement shall, at the expense of
Developer, be recorded in the Official Records of the County
Recorder of the County of Los Angeles within ten (10) business
days following the Effective Date.
W41
IN WITNESS
the parties and shall
forth hereinabove.
Dated:
STATE OF CALIFORNIA
WHEREOF, this Agreement has been executed by
be effective on the effective date set
ATTEST:
ss.
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR,
a municipal corporation
By
Gary L. Werner, Mayor
Lynda Burgess, City Clerk
City of Diamond Bar
FRANK ARCIERO
AwA7
On , 1991, before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared Gary L. Werner and Lynda Burgess proved to me on the
basis of satisfactory evidence to be the persons who executed
this instrument as Mayor and City Clerk of the City of Diamond
Bar, a municipal corporat'on existing and organized under the
laws of the State of California, and acknowledged to me that the
City of Diamond Bar executed it.
Notary Public in and for said State
11
STATE OF )
ss.
COUNTY OF 1
On , 1990, before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared FRANK ARCIERO and GARY CLAPP proved to me on the basis
of satisfactory evidence to be the persons who executed this
instrument.
Notary Public in and for.said State
N%1012%DA92-2DB\DB 6.12D 12
The following information is necessary for the review of ALL applications. Failure to furnish information will delay acion. Attach
extra sheets if necessary. Please read instructions carefully,
RECORD OWNER(S) APPLICANT APPLICANT'S AGENT
!Engineer, Licensed Surveyor, Other
and please indicate it engineer is also an
Big Diamond Bar by: agent)
Name Arciero & Sons, Ing,.f1eTora i Dev. & Const.NdT, Same as Applicant
Addles:950 N. Tustin Ayeaddreas23441 Golden Springge,,
c:tyAnaheim, CA city T)iamond Bar, C— A Clry
x;92807 Phon7f14) 632-7921rp 21 62yr,one711 598-172 ip =,ones _
IAZ!ach setarate sneer .1 necessary, me Wiling names, addresses, and signatures of mem..aert of partnenmps, rams ventures, and
directors of comonuons.)
CONSENT:n4n; to the Cmrssian o/:he apPliobon xrompanywg rrns leave; r. n
signed isryf '��- 7 L-'7 " Date <��
BiDiamond &�+rcao,o 'aTmership by Arciero & Sons, General Partner
CEA7IFiCA 71C herebv cera/y under penalty o/ periur/ roar the mlolmv,on nerCn pronord is collet: to me oesr of my
knowieogr,
ly
iJzino n e U
Date/—'�/��z—L
Acphcant or Appl atf
SLpcat .n 7/r Z�r
22000 GoldSprings rive
ISueet aCdress or distance from nearest cast :ner.;
Grand
Avenue Brea Canyon Road
between
and
ISlre_tl IStreet)
C2
— By —
in Zone
. Zoned District
(Land Use, not postal i one)
111337
(TBG
HNM/FS
CSI Assessor CT
Planning Area
— USGS
Canino C.tV
Sucervisonal District
General Plan Category
Laval Plan Category (if aoplioble) Local Plan Commercial
Project Size (gross acres) 4.70± Acres, 106,000 Sq.Ft.Ne+,.,,a Density
Prevmua Cases ZF,C 7651, Pm 13594, ZFC 9047
Present Use of Site Vacant
Use applied dor Gasoline sales, including self service; Automated
car wash; Automotive detail facility; Restaurant, not to
include take-out.
Damrs:.c `hist ter source Walnut Valley Can,"ny O'1ti4t -
.V.e:non of Se::ary O.sposai Samtauon :)"".C: LA County Sanitation.
G. aping of Lot, by Aooi,can[? YesX No. Amount !Show nectuar , grading design on file plan or
tent. map 1 .
LEGAL DESCRIPTION IAII owne•srun comprising the proposed lo[sJpeoleca II petitioning for zone eSange, attac!,
Ieos nesa moon of eme,,o' boundaries of ilea suniec: td the cnanye.
APoRCMATE BURDENS OF P90CF MUS AC-QMPANY EACH TYPE OF REQUEST — Cneck each request
apol'ed for and complete appropriate setons.
PLAN AMENDMENT REQUEST
Caunlywude•looi Plan or Aro Plan Land Use Mao C)+ange:
F'om To Acres From To Aces
e —
Caner Cauntv:•`de (Gen Dev , !'.outing & Seec. Mgmt.! .`Aso Changc
From 70 Acres F•om To Aces
Identity Teat Cyangetsl :p Qapn[Ywme'Lp CJI or Area Fhn Deineq
T'p[n Proles Units C""T!v Allowed By (a) C:4 Plan
Total Proles Units Ps Ifleo ❑ lal C:y Plan Amended _
Toot Aces Invoived: (n
SERVICES E.'stmg and P•000setl
Gas S E!epane Ecocanon
tie AC. ss
Sheriff
C ZONE CHANGE REQUEST R
Zdne: From Acres To
(or Lacal Plan
Ib, Lacai Plan Arneneee
!b.
Acres
CONDITIONAL USE PERMIT, VARIANCE, NONCONFORMING REVIEW, AND OTHER PERMITS
Permit Type Crtl. Na.
+ g Sqt87,000 SgFt
Prmec: Site: 4. 7- AC Area devoted [p' s[rue:w es open space
Gross Area No of Loss
F rvicentiar P-olec: and Proonmd density
Gross Area — No of floors UmnlAces
Numoe• and :Moes of Unit!
F t•.:d e'n UI aYa.ng Type
Recunep P•o.�eed Too' Reou'red
Tau: P•awoed
�j INITIAL STUDY QUESTIONNAIRE
(STAFF USE)
PROJECT NUMBER(s):
Gary D. Clapp for Toran Dev. & Const. Same _
,Name Name
23441 Golden Springs Drive #198
-- Address Address
_ Diamond Bar, CA 91765___—_--__
(714)598-1725
------------ Phone `Newer ----Pnone �Jkx ber
:. Action reques-ed and project description- Gasoline Sales including self service;
automated car wash; automotive detail; restaurant
Stryt location of ?reject: 22000 Golden Springs Drive
3a. Present use of site: Vacant
3p. Prev,.ous use o' s:te or structures: N/A
4. Please !1st ail Jre':icus cases
(:f anvil relate. -4 to t:-i!s pro,ect: ZEC 7651, PM 13594, ZEC 9047 ---
.. zher re13t p2^Ilt,a:]OL.^,Va1s recurred.
scec, t'yrDe a > a:3ntinc acency. Developmental Agreement -Planning Commission
E. kre you p13nni.n future
phases of t.nis Project? /Y/ Iyes explain:
7. Project area: 2
Covera b_: structures, paving: 19:000 ft
Landscaping, peen saace: 87,000 ft
Tot.:' 106,000 ft
1'. i:X: s;io:=r sd"✓:Ce:
L .�' :'C ._ L ..t 1cL
3. N rber of flcors: 2 (one. bldg. only
9
Present zcn• rn - C2 -BE
,1Cnost is
PUJ_i_
Water
A. GENERAL INFORMATION
Project
Apglicant`(Owner):--.
.__,._ Project Representative:
(STAFF USE)
PROJECT NUMBER(s):
Gary D. Clapp for Toran Dev. & Const. Same _
,Name Name
23441 Golden Springs Drive #198
-- Address Address
_ Diamond Bar, CA 91765___—_--__
(714)598-1725
------------ Phone `Newer ----Pnone �Jkx ber
:. Action reques-ed and project description- Gasoline Sales including self service;
automated car wash; automotive detail; restaurant
Stryt location of ?reject: 22000 Golden Springs Drive
3a. Present use of site: Vacant
3p. Prev,.ous use o' s:te or structures: N/A
4. Please !1st ail Jre':icus cases
(:f anvil relate. -4 to t:-i!s pro,ect: ZEC 7651, PM 13594, ZEC 9047 ---
.. zher re13t p2^Ilt,a:]OL.^,Va1s recurred.
scec, t'yrDe a > a:3ntinc acency. Developmental Agreement -Planning Commission
E. kre you p13nni.n future
phases of t.nis Project? /Y/ Iyes explain:
7. Project area: 2
Covera b_: structures, paving: 19:000 ft
Landscaping, peen saace: 87,000 ft
Tot.:' 106,000 ft
1'. i:X: s;io:=r sd"✓:Ce:
L .�' :'C ._ L ..t 1cL
3. N rber of flcors: 2 (one. bldg. only
9
Present zcn• rn - C2 -BE
,1Cnost is
PUJ_i_
Water
$ewers
/Yi XAix
I NO
9c+2_ i ire not
.. .:: , : �.- s•r"r-_e; ., ,Lc.:: ie Off-site hook-up on Golden
Springs Drive
Residential projects:
11. Nu-:)er and tyrr2 of units: N/A
13. Schools:
Ivna`_ school. diztrict(z) s_r'ves t'.ie property? VA
Ara existix sciool f3c4licies ad-yua,_e to meet )roje-- ne,=s?
IL not, what provisions will be ma:?e for ddditional cl>-ssroa,s?-__-__-_-
Non-Residential projects:
I.
viscance
_c nearest ces :e^.c 3: ,se or 0.5 miles
52n5: L:Ye
USC (SCOCO_, .'?GSD: _3., er_.? —1-IAV-ET'`1___ 1 le-vellaro�—
f1'3cr bui_4:xs: (a)6500 ft (b)7600
ft2-- (c)2925 x 2 = 5850f
:.
.r.. Of
LJ.
tiL.-)er of
s:pi.veas and sni res: car wash: 1 shift, 25 emp.
self serve: 3 shifL._1 en
restaurant: TBA
�r wash_ Sam -bpm
e-ncicyees per s :rr. 32_--- - Ocera-_;nc hCdrs: Self service: 24 hour:
Restaurant: normal
13.
Iden`: r_
any: F i crxuczs N/A --
— __--
Wasce r3L-ucs Sewage
Bans _'csxsa_ DomesticService
.9. Dc pro -e_= oC~rar:cr.s use, score G. crxuce i.aza^eus sc-s-�rces sac- as oil, pesticides,
I
70. Dc vour operations ::e uire any pressurized _jnksXx&W /N/ I_, yes, explain: (2) air
compressors; (4) gasoline storage tanks
n1. :dent: fy ani :i_.. d. =, redC=:=-e or ex Dios':•:''' ....__._ais to ioe _JCated on-site.
Gasoline, mineral spirits, solvents
__. �]:-- :a -.;e=: ._ s.._p--,e^= __•.:ctis tra:e1 t�rpccn _
ne.test 'hi,hway? /Y,'-_ Ves, exoiain:
s. ENvIRoNMENTAL iNFoRMA'rioN
1. Environmental Setting -- Project Site
a. E'xistinc, Vacant
b. Tocx.graP:1v'slDoes Land has been graded to accomodate a buildable pad..
See submitteA__plan
Weeds
*c. vege ation--------------------
*J. Ani.:lals N/A
*e. Watercourses N/A
f. resour=es N/A
C:. ota-- N/A-- ---- -- -- — — - - - ---
2. E.nvirormental Setting -- Surrounding Area
a.
Ex. .sing usas.structuras itvc.cs, ��nslties+: Golf Course, Office buildings,—_
Commercial uses, Freeway
b. T000gran:iy slopes See submitted land use plan.
N/A
*e. Kater_aurses N/A ---- -
f. Cuitural,'aiszoncal resourpns N/A
g-
otaer The surrounding area is or is soon to be fully developed_----__-
3. Are Z: sere any .-,& or trees on
tae site,includiac ea:: trees? ,Y/ X If es, type and nu:ijar: —-------
4. yyill 3n,, netjril watar.:ourses, surf3ce flow patterns., etC,
:f. c:: n e tarouca project de•:'cloaaent?: /Y/ XIX If yes, explain: __-_-_____—_---
`;,ns::ars ___
not r2 ._2C ._ ^.e 3r a does not contain n.3t_iral;
B. ENVIRONMENTAL INFORMATION (cont.)
5_ grading-
wiLl the project I` v;=s, how many Will it be
require grading? XdX /N% tubi. yards? ___50 -- — balati� ncon site? XX�7 /N_/
If not bal3ncs2, .mere '.:ill d:r- lW o:ht3iaed or deposited?
6. Are there any identifiable landslides or other major geologic hazards on the property
(including unconpacted fill)? /'i/ XRT If yes, explain:
7. Is tae Or=erty iocat3� 'wi =n' a a hi•iin E: re iazar 7 area (hillsideil
s 'ii .a iroder3tely ce:sQ
vece_3ticr.- /'/ XXX 7ist3nce .c ne.zrast Eire ststj " 1,2 mes
9_ Noise:
Existinc ncise sccrces a- si-_.
Noise t0 De gE'.^.e L3:� by orolect:
None (background freeway noise)
80 decibels
Odors generated by ?reject: None-- --------- --
Could toxic f -.nes be cener3ted7 No ---- —
10. what enercv-ccr.ser•:inc desicns or :a tari3_ will to used? Water reclamation (900
CERTIFICATION: I hereby certify that the statements furnished above and in the attached
exhibits present the data and information required for this initial
evaluation to the best of my ability, and that the facts, statements,
and information presented are true and correct to the best of my
knowledge arra belief.
Date: 10/18/90 , .,� 1�'.^ yam__ _t) Az���
For\.JToran Development & 'Constructio
:
- 4 -
OAS. TREE SUTEMENT
(] The subject property contains no oak trees.
] The subject property contains one or more oak trees, however the
applicant anticipates that no activity (grading and/or construction)
will take place within five (5) feet of the outer dripline of any
oak tree.
The subject property contains one or more oak trees and the applicant
states that activity (grading and/or construction) will take place
within five (5) feet of the outer dripline of any oak tree. an Oak
Tree Permit has been or will be applied for prior to any activity
taking place on the property.
doplicaut's SIiaaturel 4 (Date)
CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF SEC. 22.56.040
In addition to the information required in the application, the applicant shall substantiate to the
satisfaction of the Zoning Board and/or Commission, the following facts:
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare of persons residing or
working in the surrounding area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of
other persons located in the vicinity of the site, or
3. Jeopardize, endanger or otherwise constitute a menace to the public health,
safety or general welfare.
Please see attached List
S. That the proposed site is adequate in size and shape to accommodate the yards,
walls, fences, parking and loading facilities, landscaping and other development
features prescribed in this Title 22, or as is otherwise required in order to integrate
said use with the uses in the surrounding area.
Please see attached list
i
C. That the proposed site is adequately served:
1. By highways or streets of sufficient width and improved as necessary to
carry the kind and quantity of traffic such use would generate, and
2. By other public or private service facilities as are required.
Please see attached List
Conditional Use Permit
Burden of Proof Statement
A. The Proposed development has been designed to serve the community of
Diamond Bar in a manner that most efficiently utilizes the site. Due to the lack of
residential housing in the immediate area, there will be no homeowners affected.
The proximity of the 60 Freeway minimizes the noise levels produced by the car
wash facility. In fact, The freeway is estimated to create higher noise levels than that
of the proposed development.
Due to the esthetics of the project, it is felt that only a favorable impact will occur.
Currently, the site is vacant with unkept landscaping and an unpaved shoulder
adjacent to Golden Springs Drive. The proposed facility will incorporate well
manicured landscaping, curbs and sidewalks, the addition of trees and waterscapes,
along with beautiful architecture.
The car wash facility will incorporate safety and general welfare programs designed
to minimize exposure to patrons and employees alike. All OSHA and Cal OSHA
standards, as well as building and safety codes are adhered to strictly. This, combined
with a genuine concern for the welfare of the patrons, allows for smooth conduct of
business in a safe and enjoyable manner.
B. The total acreage included in the site is approximately 4.70 acres. This includes the
buildable pad area of approximately 106,000 square feet and slope area on the
perimeter of the property. The landscaping will encompass a majority of the slope
area, satisfying the requirements many times over.
Parking allotment will be accommodated by the use of total area provided for
between the restaurant and car wash. Car wash and restaurant peak hours do not
coincide, therefore allowing a more efficient use of the available spaces. During peak
restaurant hours, which occur after 6 p.m., the available space increases significantly
due to the closure of the car wash. All other loading facilities will not impede the
flow of traffic through the site.
The walls, fences and other partitions will be incorporated into the architecture and
existing landscape to offer the community and patrons alike a continuous and
comfortable surrounding.
C. Currently, the project is serviced by Golden Springs Drive on the property
line. The proposed driveway apron is in-line with an existing left turn pocket
accessible form north -bound Golden Springs Drive, which will be extended to allow
more vehicles to move out of the flow of traffic and onto the site. For south -bound
traffic, an acceleration and deceleration lane will be incorporated into the shoulder
exit. To accommodate the smooth flow of traffic circulating within the facility, an
exit -only driveway will also dispense traffic onto Golden Springs Drive.
An analysis showing car wash traffic flows assumes that at a volume of 20,000
patrons per month, derives to 667 cars daily, or 83 cars hourly (based on an 8 hour
day), or 28 cars every 20 minutes. It is estimated that the average car wash patron
will spend 20 minutes on the site for services. Therefore it can be assumed that at
any given time during business hours, 28 cars will be utilizing the car wash facility.
In comparison, the facility is designed to accommodate at least fifty vehicles every
twenty minutes.
To relate this to traffic impact, on average, 1.5 vehicles will be entering and exiting
the facility every 20 minutes for car wash services.
I. Background
1
2
Name of Applicant: Y"C>j2PW C(vf& )
art ctr Ps s and Phone Number o f Pro p o n e n t
3. Name, Address and Phone of Project Contact:
4. Date of Environmental Information Submittal:
/i_ , i — 9n
5. Date of Environmental Checklist Submittal:
6. Lead Agencv A g e n c v Required Checklist):
7. Name of Proposal if applicable (Tract No. if Subdivision):
8. Related Applications funder the authority of this environmental
determination): �l lEl n'n9 IEyi �J (r h=j �:Dl-. --
YES NO
Variance: I
Conditional Use Permit:i
Zone Change:
General Pl,,�,���vr''��""aan`�n����`A}n dment
(Attach ompleted FnvironmentAInformation Form)
II. Environmental Impacts:
(Explanations and additional information to supplement all "yes" and "possibly"
answers are required to be submitted on attached sheets)
YES NO POSSIBLY
/ 1. Earth. Will the proposal result in:
a. Unstable earth conditions or changes in
geologic substructures?
b. Disruptions, displacements, compaction or
overcovering of the soil?
V C. Change in topography or ground surface relief
features?
d. The destruction, covering or modification
of any unique geologic or physical feature?
e. Any increase in wind or water erosion of
soils, either on or off the site?
✓ f. Changes in deposition, erosion of. stream.
banks or land adjacent to standing water,
changes in siltation, deposition or other
processes which may modify the channel of
constant or intermittently flowing water as
well as the areas surrounding permanent or
intermittent standing water?
g. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards'.'
Air. Will the proposal result in:
t! a. Substantial air emissions or deterioration
of ambient air quality?
4/ b. The creation of objectionable odors?
✓ C. Alteration of air movement, moisture, or
temperature, or any changes in climate,
either locally or regionally?
3. Water. Will the proposal result in:
a. Changes in currents or the course or
direction of water movements?
YES NO POSSIBLY
V
b.
Changes in absorption rates, drainage
patterns, or the rate and amount of surface
run-off?
C.
Alterations of the course or flow of flood
waters?
/
V
d.
Changes in the amount of surface water in
any body of water?
Je.
Discharge into surface waters, or in any
alteration of surface water quality including
but not limited to dissolved oxygen and
turbidity?
/
V
f.
Alteration of the direction or rate of flow
of ground waters?
Jg.
Change in the quantity of ground waters;-
aters;either
eitherthrough direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
/
h.
Substantial reduction in the amount of water
otherwise available for public water
supplies?
i.
Exposure of people or property to water
related hazards such as flooding?
4. Plant
Life. Will the proposal result in:
/
V
a.
Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
/
V
b.
Reduction in the numbers of any unique rare
of endangered species of plants?
C.
Reduction in the size of sensitive habitat
areas or plant communities which are
recognized as sensitive?
/
V
d.
Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
t/
e.
Reduction in acreage of any agricultural
crop?
YES NO POSSIBLY
7. Light and Glare. Will the proposal result in:
a. Significant new light and ,glare or contribute
significantly to existing levels of light
and glare?
8. Land Use. Will the proposal result in:
a. A substantial alteration of the present or
planned land use in an area?
I,
/ 9. Natural Resources. Will the proposal result in:
y a. AnA ncrease in the rate of use of any natural
resources?
/ 10. Risk of Upset. Will the proposal result in:
V a. A risk of an explosion or the release of
hazardous substances (including but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset condition?
4. Animal
Life. Will the proposal result in:
/
V
a.
Change in the diversity of species, or number
of any species of animals (birds, land
animals including reptiles, fish, and
shellfish, benthic organisms and insects)?
\�
b.
Reduction in the numbers of nay unique rare
or endangered species of animals?
/
V
C.
Introduction of new species of animals into
an area, or in a barrier to the normal
migration or movement of resident species?
Jd.
Reduction in size or deterioration in quality
of existing fish or wildlife habitat?
6. Noise.
Will the proposal result in:
Vel.
a.
Significant increases in existing noise
levels?
/
b.
Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal result in:
a. Significant new light and ,glare or contribute
significantly to existing levels of light
and glare?
8. Land Use. Will the proposal result in:
a. A substantial alteration of the present or
planned land use in an area?
I,
/ 9. Natural Resources. Will the proposal result in:
y a. AnA ncrease in the rate of use of any natural
resources?
/ 10. Risk of Upset. Will the proposal result in:
V a. A risk of an explosion or the release of
hazardous substances (including but not
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset condition?
YES NO POSSIBLY
Vb. Probable interference with an emergency
response plan or an emergency evacuation
plan?
11. Population. Will the proposal:
a. Alter the location, distribution, density,
or growth rate of the human population of
an area?
/ 12. Housing. Will the proposal affect:
V a. Existing housing, or create a demand for
additional housing?
14. Public Services. Will the proposal:
a. Have an effect upon, or result in the need
for new or altered governmental services in
any of the following areas:
1. Fire Protection?
V/ 2. Police Protection?
V 3. Schools?
13. Transportation/Circulation. Will the proposal
result
in:
a.
Generation of Substantial additional
vehicular movement?
b.
Effects on existing parking facilities or
demand for new parking?
C.
Substantial impact on existing transportation
systems?
d.
Alterations to present patterns of
circulation or movement of people and goods.
/
V
e.
Alterations to waterborne, rail or air
traffic?
/
Y
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal:
a. Have an effect upon, or result in the need
for new or altered governmental services in
any of the following areas:
1. Fire Protection?
V/ 2. Police Protection?
V 3. Schools?
YES NO POSSIBLY
V//
V
V/-
V
L
4. Parks or other recreational facilities?
5. Maintenance of public facilities,
including roads?
6. Other governmental services?
15. Energy. Will the proposal result in:
a. Useof substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing
energy sources or require the development
of new sources of energy?
16. Utilities. Will the proposal result in:
a. A need for new systems, or Substantial
alterations to public utilities?
17. Human Health. Will the proposal result in:
f61
19
20
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to the public view?
Recreation. Will the proposal result in:
a. An impact upon the quality or quantity of
existing recreational opportunities?
Cultural Resources. Will the proposal result in:
a. The alteration of or the destruction of a
prehistoric or historic archaeological site?
YES NO POSSIBLY
/
v
b.
Adverse physical or aesthetic effects to a
prehistoric or historic building, structure
or object?
/C.
A physical change which would affect unique
ethnic cultural values?
/
d.
Restrictions on existing religious or sacred
uses within the potential impact area.
21. Mandatory Findings of Significance?
t/
a.
Does the proposed project have the potential
to degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self sustaining
levels, threaten to eliminate or
significantly reduce a plant or animal•
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistorv?
b. Does the proposed project have the potential
to achieve short-term, to the disadvantage
/ of long-term, environmental goals?
V
C. Does the proposed project pose impacts which
are individually limited but cumulatively
considerable?
d. Does the project pose environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
III. DISCUSSION OF ENVIRONMENTAL EVALUATION:
(Attach Narrative)
IV. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD ,NOT have a
significant effect on the environment, and a
/ NEGATIVE DECLARATION will be prepared.
1l/ I find that although the proposed project could have a
significant effect on the environment, there will
not be a significant effect in this case because the
mitigation measures described on the attached sheet
have been incorporated into the proposed project.
A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. -
1 find that the proposed project MAY have a significant
effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
Date: Signature:
Ti t Ie: ��f, i II A) I �'tf.l,n_isa
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AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT/PROPERTY OWNER:
RECOMMENDATIONS:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
R
February 13, 1991
February 25, 1991
CUP 1634-(1)
Extension of time to finish the third
phase of development.
3255 S. Diamond Bar Boulevard
approximately 100 feet west of Brea
Canyon Road.
Evangelical Free Church
Staff recommends that this case be continued to the Planning Commission
Meeting of March 11, 1991.