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CUP 95-1 (Efree Church)
AA Q C;Di =o EmEDAEMM = t,_ 21M E. CopNY Dme Suit, M C is --CAL CONDMONAL ➢M PE6AYT APPWCASION Vw IP�3NJfii6 Fu (LAy61Jll] am�,� By By yJJP.�_y Omnca a/II namx o.e« Aim AWmmP, Ae.a nm Eveogd"l Free Cnurtn M Olsmmn FM Itrmx .Awli. .«m.w+..m.m.a NwD (4usbq m[32 3.01amond Eat, BIM. rroOemona e« z 917n YMmY WW 5 NuM mM 1 Fhw 4W 110 NM. E u IMgylertl.vlunvLTp uetih Ye Cm«NNY DerWpua DL in+Nine If MY MIMI of M, ed.mA �+nme aroe u. M®a.lui. �.. Naa ¢pm [hm. Jvxvury. eekam{ uwn..misum. ue.prvwrn a! n�ma o! pmeMge.pw mwm. uk ewon el mrpnuw.l Gvue 10, 0 dY 1 m e4 nnrn ✓d[ Mep YmmO[aMsrtO mL /+'^M MY/b®� m h41F4 reY�G CrvghN+.' 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DESEHAWYAiION: On the Erns M W'n ®oil valmtloa F fmi Wtl We F�4°� PAb NVID NOI.hw s iyti6mteliMm We mn�anmml, M e N6GAi1VE OE[SA¢A'1'ION vJl b pgmnt 1 fiml Wtl s4hoopEtlepmprl projmmWJ Me s tipifi®IeFM m fiu mvpnvm<, Yve will on b s oyvfiau eRai u i6u me tvnm roe miuP�i®mvm�ee bu�bA®0s b DR Ermerm�Y1 vb D.ilp^9®. P YIi1DA'1ED NPLiA'IFVEDOCLABATION Wp1 Eg ppEpAREO, 1 LLe pepyi pgm N/Y s uyilfim�dlrimgemri�mmm�. utlu 8N V IXONMBMAL "AC! R@ORi u vryiM. Deb ApwOvv DOn Fv We CiN n(D'uamtl Bv, 6lilnmio Wen Chang Man, Deborah H. O'Cannor MUM, Po AT Eileen R. Anaari Coondl Membe, Carol Herrera Coundl Membm Robert S. Huff 6aunol Member City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond gar, CA 917654177 (909)8642i09- Fax (90MMl-3117 mreom mpy/wuw.aan...nw,.a... tv 0.n ae (6C) age news o Certified Mail November 9, 1999 Reverend Mark Hopper First Evangelical Free Church 3255 S. Diamond Bar Boulevard Diamond Bar, CA 91965 Re: Conditional Two Permit No. 95-1 (1) /Variance No. 99- S/Tree Permit No. 99-2 Dear Reverend Hopper: The mfexenced project was approved on October 12, 1999. Dnclosed is the approved certified Resolution No. 99-23 for your records and an Affidavit of Acceptance for the solution. Please sign the affidavit, have it notarized, and return it to the Planning Division. A balance of $3,000.00 is due to the City for processing this project and anticipated Planning Division fees related reviewing the Planning Commission required landscape/ irrigation plans. Enclosed is the project's fee log for your perusal. Please submat a tneck for this amount to the City of Diamond Bar, prior to the Planning, Building and Safety and Public works Divisions' plan check submittal. Please be aware that City permits will not be issued for this project until all onditioris of approval are met including obtaining approval for the landscape/irrigation plan. Thank you for your cooperation in advance. If you have any questions, contact me at (9W 396-5676. Sincerely, /7 Anh/T. ung'u%4r Associate flann�r CC: James DeStefana, Deputy City Manager Rose Metals, Assistant Engineer Dennis Tarangc, Building Official Phyllis E. Paints Mary, Cary H. Werner Mayor an 1em Eileen R. Mean Council Member Clair W. Norman Council Member Cary G. Miller found Member City of Diamond Bar . Copley Driep Suite IN -Diamond Bar, CA 9176se177 (909)0662489 - Fax(909) 861-3117 Certified Mail May 25, 1995 Reverend Mark Bopper Evangelical Free church Of Diamond Bar 3255 S. Diamond Bar BoUl vara Diamond Bar, CA 91765 Re: Conditional Use Permit No. 95-1 and D¢Veloposent Review No. 95- 1 located at 3255 S. Diamond Bar Boulevard, Diamond Bar Dear Reverend Hopper: The above mention project was approved on May 22, 1995 Enclosed is the approved Certified resolution for your records and an Affidavit of Acceptance for the resolution. Please sign the affidavit, have it notarized, and return it to the Planning Division. A balance of $ 174.94 is due to the City for processing Conditional Use Permit No. 95-1 and Development Review No. 95-1. Please submit a check for this amount to the City of Diamond Bar. If you have any questions, Contact me at (909) 396-5676. Thandc you for your cooperation in advance. SiinnJcerely, AssisNint-planner n Assistant -Planner George Wentz, Inter im City Engineer Dennis Tarango, Building official Timeless Architecture PLANNING COMMISSION RESOLUTION NO. 99-23 A RESOLUTION OF M PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT M. 95-1 (1), VARIANCE No. 99-0, TREE PERMIT NO. 99-2 ANSI AMENDMENT TO NEGATIVE DECLARATION NO. 95-1, A REQUEST TO AMEND CONDITIONAL USE PERMIT NO. 95-1 IN ORDER TO PROVIDE APPROEINATELY 39 ADDITIONAL PARAINO STALLS, REDUCE THE REQUIRED PARSING STALL DEMENSIONS, REMOVE AND REPLACE FOUR COAST LIVE OAR TREES AND REPLACE ONE CALIBORNIA PEPPER TREE AT AN EXISTING CHURCH FACILITY. THE PROJECT SITE IS LOCATED AT 3255 S. DIAMOND BAR BOULEVARD (TRACT M. 33417, LOT 19), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, First Rvangelical Free Church and applicant, Reverend Mark Hopper, have filed an application for Conditional Use Permit No. 95-1(1) amending Conditional Use Permit No. 95-1, Variance No. 99-8, Tree Permit No.99-2 and Amendment to Negative Declaration No. 95-1 for a property located at 3255 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Parent, Variance, Tree Permit and amended Negative Declaration are referred to as the -Application-. 2. On September 16, 1999, public hearing notices were e mailed to approximately 59 property owners of recordwithin a 500-fo0: radius of the project site. On September lt, 1999, the public notice was posted at three public places. Further, on September 21, 1999, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin, and the project site was posted with a display board. 3. On October 12, 1999, the Planning Cammieaion Of the City of Diamond Bar conducted a duly noticed public hearing On the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planting Commission hereby specifically Ends that all of the facts s s forth in the Recitals, Part A, of this Resolution are true and correct. P. Pursuant to the provisions of the Ca_ifornia Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15000, Negative Declaration No. 95-1 was prepared m and adopted by the Planning Com'-ssion on May 32, 1995. Pursuant to CEQA Section 15169, an Amendment to adopted Negative Declaration No. 95-1 was prepared for the Oevisidn request. The Planning Commission hereby finds that the Initial Study review and Amendment to Negative Declaration NO. 95-1 have beerprepared by the City of Diamond Par i compliance with the requi ents of the Califon Environmental Quality Act of 1970 and guideline promulgated thereunder. Furthermore, the Amendment to negative Declaration No. 95-1 reflects the independent jud5ement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having sidered the record a whole including the findings set forth below, and changes and alterations which have been orporated into and conditioned upon the proposed project set forth in the application, there is evidence before this Planning Commission that the projectproposed herein will have the potential of anadverse effect o wild life r r the habitat upon which the wildliresources fe depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Sect on 453.5 (d) of Title le of the California Code of Regulations. 9_ Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site relates to an existing church facility identified as First Evangelical e Church. The prcject site a triangular shaped lot, approximately 3.37 a It '_s developed with a -story structure that contains a multi-pirposa classroom room, clan and cff.cea and a two-story structure that containsclassroom Currently, the church facility is undergoing an which will provide a main sanctuary structure with classrooms. (b) the project site has a General Plan land use, assignation of Now -Medium Residential (RLM - max. 5 du/acre). (c) The zoning designation for the project site is Low -Medium Residential (SON). (d) Generally, the following zones surround the project acts: To the north and east is the RLM Zone, to the south i the Low Density Residential (RL) Zone, which incorporates the Walnut Valley Unified School District "Site D"; and to the west is the Neighborhood Commercial (CPD/C-1) Zone. (e) The Application request is to provide approximately 34 parking stalls within a portion of an existing knoll for a total of 110 parking stalls; reduce the seeking stall dimensions; and remove and replace the four Coast Live Oak trees and napless the one California Pepper tree that was accidentally destroyed during the grading of Phase III. Conditional Use Permit (f) The proposed uses are allowed within the subject zoning district with the approval of a Conditional Use Pettis and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed church facility is permitted in the Dow Medium Residential (Rim) Zone with a Conditional Use Permit. The church facility obtained a Conditional Use Permit (CUP No. 1634(1)) from less Angelea Comfy in 1980. An extension of time was approved by the City May 21, 1991. Revisions to theoriginal approval were approved on May 22, 1995. The church facility has a valid permit in full force and effect due to the substantial other ruction, which has occurred. Any revision to the Conditional Use Permit that is considered substantial by the City requires a public hearing with the Planning Commission as the review authority. The applicant's request to add parkingstalls within the knoll, reduce parking stall dimensions, and cause the removal and replacement of Development Code protected tree species requires Planning Commission review and approval. As mended herein, the proposed request will comply with all other applicable provisions of the Development Code and the Municipal Code; (g) The propoeed use in consistent with the General Plan and any applicable specific plan; The proposed request is consistent .with the General Plan Objectives 1.3 and 4.2of the Circulation Element. Objective 1.3 relates to maintaining the integrity of residential neighborhoods and discouraging through traffic. Objective 4.2 relates to providing adequate parking for all types of land uses. The original approval required fiat 76 parking stalls is provided. The Application proposes to add c4 parking stalls. The total number of robvided parking stalls will then be I-C. Therefore, the proposed request will provide adequate o -site parkirg and will reduce street parking on Diamond Bar Eoulevard and within adjacent residential areas, thereby maintaining the integrcty of residential neighborhoods and balancing the need for optimum traffic flow and complying with the General Plan. (h) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed request for 34 additional parking stalls can be accommodated on the precept sitewith the additional parking stalls, 110 parking stalls will be maintained o site, thereby reducing the need for on -street parkirg and ping the operating characteristic of a church facility to be more compatible wito the existing residential uses and any future uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence cf physical constraints; In 1980, the church facility was approved by Los Angeles County to be constructed to three phases. With this approval the physical suitability of the site and the density/intensity of the use including access, provision of utilities, compatibilitvwith adjoining land uses was addressed and approved. As referenced in Item (g) and (h) above, the proposed request for additional parking iscompatible with the e adjcining land a The site c accommodate more parking and preserve some of the large specimen trees and retain a portion of knoll, which acts as buffer to the adjacent residential properties. To ensure further compatibility with adjoining :and a the applicant will be required to enhance the a isting puffer areas adjacent to the project site's northerly and westerly boundaries. Enhancement will include 24-inch box size trees (mostly Evergreen, and fast growing), shrubs, and ground cover. The enhanced buffer area will increase privacy and reduce light reflection to adjacent a and provide es esthetically pleasing v Furthermore, the proposed additional parking does notimpact site a or site circulation pursuant to the City's Public works/ Engineering Division review. (j) Granting the. Conditional Use Permit will not he detrimental to the public interest, health, safety, injurious to persona, property, or improvements in the vicinity and zoning district in which the property is located. The proposed request requires additional grading in order to create a flat pad for the parking area. An update and re-evaluation of the site's oechnical report and hydrology study and bydraulicz calculation is required for the City's review one approval. with the appropriate review, permits, inspections and compliance with conditions of approval, ita antic' -paged that the granting of this Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and ing district that the property is located. Additionally, enhancement of the buffer opens s described in Item (f) above, will be beneficial to the public interest of properties surrounding the project site. (k) The proposed project has been reviewed in compliance with the provisions of California Environmental Quality Ace (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit No. 95-1. Pursuant to CEOA Section 15169, an amendment to adopted Negative Declaration No. 95-1 has been prepared for the revision request. The amendments public r w period began September 21, 1999, and ended October 10, 1999. (1) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, other conditions), o thatthe strict application of this Development Code denies the property owner privileges enlcyed by other property ownend in the vicinity and under identical zoning districts or creates andunnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. Pursuant to the City's Development Code, the dimensions of a standard parking stall are 9 feet wide by 19 feet deep including hamper overhang, Compact parking stalls are not permitted. This standard was in effect on DeceMei 3, 1998. At this point in time, two approved phases of construction for the cF.a urch facility was completed. Currently, the third phase is under construction. The Los Angeles County Planning and Zoning Code that the church facility was processed under allows compact parking stalls (].5 feet by 15 feet) and dimensions of the standard parking stalls at 8 feet wide by 18 deep fee-. All three phases Of the charch facility's development was approved with these standards for parking stalls. In the interest of consistency and maintaining a 26 foot wide drive isle, the applicant is proposing to add two compact parking stalls and standard parking stalls with dimensions of 9 feet wide by 16 feet deep including bumper over -hang. Due to sDecial circumstances such a previously approved and existing on -site parking with reduced stall dimensions; the original approval permitting compact parking;. site constraints related to topography; the project site's triangular shape; and the fisting on -site structures; the strict application of the Development Code denies the property owner privileges currently enjoyed on -site and by other church facilities in the vicinity and under identical zoning districts. (m) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the a n vicinity and zoning district and denied to the property owner for which the Variance is sought. As referenced iitem ('-) above, the Variance is necessary for the preservaticn and enjcyment of substantial property rights poEuessed by other property owneis n the same vicinity and zoning district and denied to the propertyowner forwhich the Variance is sought. (n) Granting the Variance i istent with the General Plan and any applicable specific plan. Granting the Variance is consistent with General Plan Objectives 1.3 and 4.2 ofthe Circulation Element. Objective 1.3 relates to maintaining the integrity of residential neighborhoods and discouraging through traffic. Objective 4.2 relates to providing adequate parking for all types of land us The proposed request will provide adequate on -site parking and will reduce street parking on Diamond Bar Boulevard and within adjacent residential areas, thereby maintaining the integrity of residential neighborhoods and balancing the need for optimum traffic flow. Additionally, there i not an applicable specific plan for the area In which the church facility is located. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, of welfare of the City. The proposed request requires additional grading in order to create a flat pad for the parking area. An update and re-evaluatiun of the site's geotechnlcal report and hydrology study and hydraulics calculation is required for the City's review and approval. With the appropriate permits, inspections and compliance with conditions of approval, and with circumstances asreferenced above he grams granting o (he (f) and (j), Et is be anticipated chat the publcin the variance will not be detrimental to el public interest, health, safety, welfare of the City. Additionally, with the rafficuct eon orwelfare airmen parking on Diamond Bar improve traffic flow of Diamond Bar Boulevard will be improved and the clear line of site for toeing reek Diamond Bar Boulevard improved. from Chezzydale and Crooked Creek Drives will be be .improved. (p) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA.), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit No. 95-1. pursuant to CEQA Section 15164, an amendment to adopted Negative Declaration No. 95-1 has. been prepared for the revision request. The amendments public review period began Sepember 21, 1999 and ended October 10, 1939. TREE PERMIT (It shall be necessary that one or more of the following findings be made.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community. (r) The tree interferes with utility services, o streets and highways, either within or outside of the subject property, and no reasoulable alternative exists other than removal or pruning of the tree. (a) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated. (c) The tree is a public n e by c ing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks). (u) The tree is host to an organism, which as parasitic to another species of tree, which is in danger of being exterminated by the parasite. (v) The tree belongs to a species which is known to be a pyropiltic or highly flammable and has been identified as a public safety hazard. (w) Preservation of the tree in not feasible and would compromise the property moreasonable and enjoyment of property o unding land and appropriate mitigation measures will he implemented in ompliance with Section 22.38.130 (Tree Replacement/Relocation Standards) below. Due to the project site's constraints (i.e., topography, lot configuration and existing structures) as referenced above in Item (1), the property ownreasonable use and enjoyment of the project site is compromised. As a cult of adding 34 on -site parking stalls, which will assist in reducing street parking on Diamond Bar Boulevard and adjacent residential streets, the removal of one California Pepper tree, four Coast Live Oaktrees and other large trees will occur. Pursuant to the City's Development Code, the applicant will be required to replace the Coast Live Oak trees and the California Pepper tree at a 3:1 ratio, 24-inch box a on -site. The applicant will also minimum required to install other trees, minimum 24-inch box, sat growing and Evergreen. Also required will be shrubs and ground cover. Said plant material will be installed within the remaining Annul and within the 20 foot wide buffer a adjacent to the northerly and westerly property lines of the project site. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan, grading plan, landscape/irrigation plan and parking lot lighting plan/study collectively labeled as Exhibit 'A" dated October 12, 1999, as submitted and approved by the Planning Commission, as amended herein. (b) The s - eshall be maintained i a condition, which n free ci debris both during and after the construction, addition, or implementation of the entitlement granted mentor. The removal of all crash, debris, and refuse, whether during or subsequent to const rue. ton shall be done only by the property owner, applicant or by a duly permitted waste cwittactct, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. Itaha_1 he the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of ➢iamond Bar to provide such services. (c) Within 30 days of this grant's approval, the applicant shall submit a revised landscape/irrigation plan for the City's review and approval delineating the following: (1) The location of the three, minimum 24-inch box size, replacement California Pepper tree; (2) The location of the minimum 24-inch box size, replacement Coast Live Oak trees; (3) The species, size, quantity and location of fast growing Bbergreen creae at a minimum 24-inch box size; and (4) The species, size quantity and location of fast growing shrubs and ground cover; Said plant material shall be installed within the remaining portion of the knoll and the 20 wide buffer area adjacent to the northerly and westerly property lines of the project site. This plant material shall provide dense screening for adjacent properties in order to attenuate problems related to light, privacy and view. This plant material shall be installed prior to final inspection or Certificate of Occupancy of the main sanctuary. The landscape/irrigation plan shall be approved before the issuance of any City permits related to this project. (d) Within 30 days of this grant's approval, the applicant shall submit an update and e-evaluation of the project's approved geotechnical report, hydrology study and hydraulic calculations reflecting the improvements approved by this grant for the City's review and approval. (e) Within 30 days of this grant's approval, the applicant sha=1 submit a detail of the parking lot lighting fixture delineating method of shielding whic.o shall eliminate spillage beyond the project site's boundaries. Add_tionally, this detail shall delineate the lighting time clock. Furthermore, parking lot lighting that may impact adjacent residentl,= properties shall be off between 10:0D p, m. and 6:00 a.m. (f) This grant'e approval shall allow compact parking stalls dimensions of 7.5 feet by 15 feet and standard parking stalls dimensions of 8 feet by 18 feet, including bumper overhang. (g) At the applicant's expense, the planting of the replacement California Pepper and Coast Live Oak trees shall be supervised by a certified arborist. Additionally,a certified arborist shall monitor the maintenance of said replacement trees for twc years. The first year, quarterly report on the trees' Fragrant stall be submitted to the City. The second year, s i-annual report on the trees' progress shall be submitted to the City. if any replacement tree(s) die within the two Years, the tree(s)shall be replaced and monitored accordingly. (h) All improvements approved by this grant shall be installed prior to final Inspection. (i) Tree removal add grading activities shall not oc between the months of February and August due to the fact that rapture nests may exist during this time unless the grading a valuated by a biologist and it is determined than such nests do not exist. (j) Applicant shall comply with State Handicap Accessibility Regulations (i.e., van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooma, ramps, elevators etc.) (k) Plans shall conform to State and Local Building Cade (i.e., 1998 editions of -be Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electrical Code) requirements and Fire Department requirements. (1) Applicant shall obtain final inspection approvals from the City and a Certificate of Occupancy before utilizing the main sanctuary current under construction. 10 (m) All requirements set forth in Resolution No. F5-05 except those rescinded by this grant shall remain in full force and effect. (n) This grant is valid for two years and shall be exerci5ed (i.econstruction started) within that period or this grant shall expire. A e-year extension of time may be approved when submitted to the City inwriting at least 60 days prior to the expiration date. The Planning Commission wil_ consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the Cicy of Diamond Bar Development Code. (0) This grant shall not he effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond gar community and Development Services Department, their affidavit stating that they are of and agree to accept all the conditions of this [ sgrant. Further, this grant shall not be effective until the permitted pays remaining City processing fees, school fees and fees for the review at submitted reports. (p) if the Department of Fish and Game determines that Fish end Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.Co for a documentary handling fee in connection i_h Fish and Game Code requirements. Furthermore,it this protect is not exemptfrom a filing fee imposed because the project has more than a deminimie impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to he owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Reverend Mark Happen, Evangelical Free Church, 3255 S. Diamond Bar Boulevard, Diamond Bar, CA 91765. 11 APPROVEC AND ADOPTED THIS 12TH OF October 1999, BY THE PLANNING CT)MMISBION OF THE CITY OF DIAMOND BAR. BY: 6 -Pj(r0 SteveTyel Chairman I, dames DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at regular meeting of the planningCommission held on the 12th day of October, 1999, by the following vote: AYES: Nelson, Ruzicka, McManus, Xuo. NOES: None ABSENT: None ABET N. Tye ATTEST: James DeStef Secretary PLANNING CMy of INamend Bar staff Report AGENDA IIRM NUMBER: 8.1 REPORT DATR: September 21, 1999 MEETING DATE: October 12, 1999 CAFE/PILE NUMBER: Conditional Use Permit No. 95-1(1), Variance No. 99- 8 and Tree Permit No. 99- 2 APPLICATION REQUEST: A request to add 36 parking stalls, reduce the r quires parking stall dimensions and to remove and replace four o k trees and e California Pepper tree. PROJECT LOCATION: 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91765 PROPERTY OWNER: First Evangelical Free Church 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91965 APPLICANT: Reverend Mark Hopper 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91765 The property owner and applicant are requesting approval of Conditional Use Permit No. 95-1(1), Variance No. 99-0 and Tree Permit No. 99-2. The Conditional Use Permit request is to add approximately 34 parking stalls to an existing church facility identified as First Evangelical Free Church a portion of which is currently under construction. The Variance request is to allow a reduction in the Parking stall dimensions. The Tree Permit request is to allow the removal and replacement of up to four Coast Live Oak trees and one California Pepper tree. The project site has a General Plan land use designation of Low - Medium Residential (RIM - max. 5 du/acre) and is within the Low - Medium Residential (RIM) Zone. Generally, the following zones surround the project site: To the north and east is the ELM ton to the south is the Low Density Residential (RL) Zone which incorporates the Walnut Valley Unified School District "Site D^; and to the west is the Neighborhood Commercial (CPD/C-I) Zone. The project site is a triangular shaped lot, approximately 2.37 It is development with a church facility, which is currently undergoing an expansion. The church facility w originally approved by Lee Angeles County (Conditional Use Permit No. 1534(l)) In 1980. This approval permitted the church's development in three phases within ten years. Phase I would include a multi -purpose room, classroom, offices, and Parking. Phase II would include a two-story classroom structure. Phase III would include the main sanctuary with classrooms. Additionally, the original approval included ]a parking spaces and landscaping at the project's completion. At the conclusion of ten years, the three phases were not completed. After the City's incorporation, the applicant requested an extension of time to continue the Church's development. The City Council granted the extension of time on May 21, 1991. In 1995, First Evangelical Free Church requested to lift time Constraint of the extension of time grant; remove the -story classroom structure located within the grassy knoll; and install two temporary annular classrooms, which would be removed when the main sanctuary was completed. As a result, Phase III would consist of the m sanctuary with classrooms and the two temporary modular units. The Planning Commission on May 22, 1995 approved the revisions to Phase III. Me Los Angeles County Code required that a church facility within residential z obtain a approval through the Conditional Use Permit process. neFurthermore, a Conditional Use Permit that i valid and in effect shall runwith the land and continue to be valid upon change of ownership of the land or any lawfully existing structure on the land. Evangelical Free Church has a valid permit, in full force and effect due to the substantial Construction, which has occurred within the approved time frame. My revision to the Conditional Use Permit that 1sconsidered substantial by the City requires a public hearing with the Planning Commission as the review authority. The applicant's request to add 34 parking atalle, which causes the removal of specified tree species and a reduction in parking stall dimensions is considered substantial, hence the Planning Commission's review. The original Conditional use permit requires that the church facility provide 76 parking stalls. This parking requirement was base on occupancy (375 seats) with one parking stall for every five occupants of the largest assembly area. Presently, due to the church facility's construction, the City Is allowing temporary street parking until March 2000. The temporary parking is permitted on Wednesdays between 0:30 a.m. and 12:00 p.m. and 6:45 p.m. and 9:45 p.m. on southbound Diamond Bar Boulevard, between 100 feet soon of Crooked Creek Drive and the northerly drive approach of no Church facility. Additionally, street parking is allowed in na same area on sundays from 6:G0 a.m. to 10:00 p.m. In order to provide more parking, the applicant i requesting to Provide approximately 34 additional parking stalls -site. Therefore, a total of 110 parking stall will be provided on -site. In order to provide the additional parking stalls, the applicant is proposing to cut into a portion of the existing knoll located within the rear of the project site (see Exhibit "Am, page C-1). The Development Code requires that a lighting plan/study be submitted to the City for review and approval. It is required that the level of parking lot lighting projected onto any ground surface be an average of between nand two footcandlesp and the uniformity ratio (average to minimum) shall not exceed 6:1. Generally, pole mounted fixtures Mall be law in height (20 feet or less) end equipped win light shields to reduce or eliminate light spillage beyond the projectes boundaries. Furthermore, lighting shall be on a time clock or photo sensor system. The applicant has submitted a lighting plan/study for the City's review and approval. The plan indicates that the average ver ge footcandle is 1.61 and the uniformity ratio is 1.61:.29, which complies win the Development Cade. The light fixture pole height is proposed at 20 feet. A detail oI na light fixture is required delineating the shielding method. OMaina According to the applicant's request, cutting into the knoll will require approximately 5,250 cubic yards of cut and 30 cubic yards of fill with approximately 20 cubic yards of shrinkage. There- fore, 5,200 cubic yards of earth will be exported. The proposed grading will require that the applicant provide an update and re-evaluation of the projectes approved geotechnical report. The additional parking stalls may effect the projectes approved drainage. Therefore, the applicant will be required to update and re-evaluate the approved hydrology study and hydraulics calculations. Eatainingwen The original approval for tha church facility includes a retaining wall on the west side of the project site adjacent to the parking stalls. The applicant is proposing to extend this retaining wall approximately 36 lineal feet in order to support the pad for the additional proposed parking stalls. The height of this portion of the retaining wall will be approximately three and one-half feet. The proposed 36 lineal feat of retaining wall must De included in the updated geotecbnical report. varlamam Pursuant to no city's Development Code, Na dimensions of a standard parking stall are 9 feet wide by 19 feet deep including Deeper overhang. Compact parking stalls are not permitted. The Los Angeles County Planning and Zoning Code under which the church facility was s processed allows compact parking stalls (7.5 feet by 15 feet); and the dimensions of the standard parking stalls are a feet by 10 feet. In the interest of consistency and maintaining a 26 foot wide drive isle, the applicant is proposing to add two compact parking stalls and standard Parking stalls with dimensions of 9 fast wide by IS feet deep including beeper overhang. Pursuant to the City's Development Code, the Commission may grant a variance free the Development Cade governing development standards for the number of off-street parking stalls and dimensional standards for parking stalls. Since the applicant is requesting two compact parking stalls and a dimensional reduction to the standard parking stalls, a Variance approval is required. Tau a eft. The City's Development Code requires the protection of Native oak, walnut, sycamore, willow and naturalized California Pepper trees with a diameter at breast height (DNH) of eight inches or greater. In order to remove such trees, a Tree Permit in required. The Director or Planning commission may approve an application for a Tree Permit with appropriate findings and conditions. The conditions my include, but are not limited to measures designed to protect and preserve protected trees remaining on -site and the restoration or protected trees removed from the site. According to the applicant's request, the installation of 34 additional parking stalls will definitely cause the removal of at least one Coast Live Oak tree that has a trunk DBH Of approximately 22 inches. The applicant's request also states that there is a Possibility that three additional Coast Live Oak trees will be removed. The sizes are approximately 11, 12.75 and 15 inch Dan. furthermore, the submitted site plan Indicates the removal of approximately 12 other large trees. Pursuant to Development Code, the City may require an arborist report for a Tree Permit. An arborist report dated September 13, 1999 was prepared by Pilkorton Consultants, Inc. The report plat ity vas . The are in The Code requires Nat the specified protected trees be replaced at a 3:1 ratio. Replacement trees, for six or fever, shall be a minimum box size of 24 inches and shall be located on the saes site to the extent feasible. As such, the applicant is required to plant three, 29 inch box trees of each species to be located on - site within the remaining knoll area. Additionally, the planting the replacement trees should be supervised by an arborist and two years of monitoring should occur. Staff agrees that additional Parking is need" on -site. However, finding area on -site for additional parking is limited. There- fore, providing more parking on -site necessitates utilizing a portion of the knoll. Staff has visited the project site several times trying to determine how to provide additional parking and not destroy the large trees including those that require protection by the city's Development Code. Staff is suggesting that the Planning Commission and applicant consider another alternative. Staff is suggesting that the cut into the knoll be reduced by approximate- ly 19 to 20 feet. This will cause the lose of approximately five of the 39 proposed Parking stalls adjacent to the Coast Live Oak trees and will probably require a retaining wall of approximately six feet in height to hold the cut. However, this would save the Coastal Live Oak trees and approximately seven of the larger trees. By removing three of the finger planters within the westerly Portion of the Parking lot, two or three compact parking stalls could be added. Also, by reducing the existing playground area and adding another playground area or moving the playground area behind the existing classroom structure, approximately four standard parking stalls could be added. with this alternative approximately 36 parking stalls would be added, more of the knell and large specimen trees included the protected species would The Coast Live Oak trees are located on a down slope. Because of this location, the roots that support the each tree structurally and from which the tree receives nutrients will not be impacted by construction. The City's Public Works and Building and Safety Divisions reviewed the proposed project. Their recommendations are within the attached draft resolution. When considering this project, staff recommends that the Planning commission consider the following options: 1. Approve the Planning Staff's alternative proposal; 2. Approve Na project as submitted by the applicant; 3. Modify the Planning Staff's alternative proposal or the applicant's submitted project; 4. Continue the project's public hearing; or 5. Deny the applicant's submitted project. ENVIR0M6NTAL ABBU9WENTt Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit No. 95-1. Pursuant to CEQA Section 15164, an amendment to adopted Negative Declaration No. 95-1 has bass prepared for the revision request. The endments public review period began September 21, 1999 and ended October 10, 1999. NOTICE OB PUBLIC BEARING: Notice for this project was published in the rnland valley Bulletin and the San—Gahrid.L-Zallay mUibana on September 21, 1999. Public hearing notices were mailed to approximately 59 property owners within a 500-foot radius of the project site on September 16, 1999. Furthermore, the project site was posted with a display board o September 21, 1999 and the public notice was posted at three public places on September 17, 1999. Staff has also had met with several neighbors (Larry Fry, Ron Jung, Bill Bauch and Linda Villanueva) and talked to Joe Johnston twice by phone. RRCONNNNDATIDNSi Staff recommends that the Planning Commission approve Conditional Use Permit No. 95-1 (1), Variance No. 99-8, Tree Permit No. 99-2 with the incorporation of staff approval, a endment to Negative Declaration No. 95-1, Finding of Pact and conditions of approval as listed within the attached resolution. RBUxm o commlvxoM USE PRRNIT FINDINW3 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 1. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 6. Me subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities6 compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Conditional Use Permit will mot be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of California Environmental Quality Act (CEQA). REQDIRED VARIANCE FINDINGS, 1. There are special circumstances applicable to the property (e.g., location, shape, a surroundings, topography, or other conditions), o that the strict application of this Development Code denies the property owner privileges enjoyed by ether property owners in the vicinity and under identical zoning districts or creates and Unnecessary and -self sated, hardship or nrsonable regulation which make it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CRQA). REQUIRED TREE PERMIT FINDINGS; (It shall be necessary that one or more of the following findings he made.) 1. 11ae tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; 2. The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree; 3. The tray is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remedlated; 4. The tree public by causing damage to is a building foundation, improvements, (e.g. building foundation, retaining walls, roadways/driveways, patios, and decks); 5. The tree 1s host to an organism, which is parasitic to another species of tree which is in danger of being exterminated by the parasite; 6. The tree belongs to a species which is known to be pyrophitic or highly flammable and has been identified as a public safety hazard; and ]. Preservation of the tree is not feasible and would compromise the property oreasonable use and enjoyment of property surrounding land and appropriate nitigation or sotto measures will be implemented in compliance with section 22.36.Dg (Tree Replacement/Relocation Standards) tStanndaa rds) below. Prepared by: . /�/ W± Ann V S. )Lgu As ociate Planner Attachments: 1. Draft Resolution) 2. Amendment to approved Negative Declaration No. 95-1) 3. Exhibit "A" - site plan and grading plan dated October 12, 1999; <. Arborist report dated September 13, 1999 prepared by Pilkerton Consultants, Inc.; 5. Application) 6. Planning commission minutes dated May 8, 1995 and May 22, 1995; ]. correspondence from Department of Forestry and Fire Protection dated October 1. 1999. PLANNING COMMISSION RESOLUTION NO. 99-3r',`y?/{ A RESOLUTION OF ME PLANNING COUSISSIOM OF •T ]5 THE CITY OF CLANGED BAR APPROVING CONDITIONAL i USE PERMIT NO. 93-1(1), VARIANCE No. 99-8, TREE PERMIT NO. 99-3 AND AMENDMENT TO NEGATIVE DECLARATION NO. 95-1, A REQUEST TO AMEND CONDITIONAL USE PERMIT NO. 93-1 IN ORDER TO PROVIDE APPROEINATELY 36 ADDITIONAL PANNING STALLS, REDUCE THE REQUIRED PARSING STALL DEMENSIONS, PROTECT EXISTING COAST LIVE OAF TREES AND REPLACE ONE CALIFORNIA PEPPER TREE AT AN EXISTING CHURCH FACILITY. THE PROJECT BITE IS LOCATED AT 3255 S. DIAMOND BAR BOULEVARD (TRACT NO. 33417, LOT 19), CLANGED BAR, CALIFORNIA. A. BBCMENLR. 1. The property owner, First Evangelical Free Church and applicant, Reverend Mark Hopper, have filed an application for Conditional Use Permit No. 95-1(1) amending Conditional Use permit No. 95-1, Variance No. 99-8, Tree Permit No.99-2 and Amendment to Negative Declaration No. 95-1 for property located at 3255 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Variance, Tree Permit and amended Negative Declaration are referred to as the 'Application". 2. On October 12, 1999, no Planning Commission of "a City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On September 21, 1999, notification of the public hearing for This project was provided in the c nial l Trih,ma and T valley nnny Bulletin newspapers. On September 16, n1999, public hearing notices were mailed to approximately 59 property owners of record within a 500-foot radius of the project site. Furthermore, on September 21, 1999, the project site was posted win a display board. The public notice was Posted at three public places on September 19, 1999. D.Reffolution. 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 no Recitals, Part A, oI this Resolution are true and correct. 2. Pursuant to the provisions of the California Envi[oO Quality Act (CEQA), the city has determined that a Negat Declaration is required for this project. According to CE Section 15000, Negative Declaration NO. 95-1 Was prepared an adopted by the Planning Commission on May 22,1995. Pursuant to CEQA Section 15164, an Amendment to adopted Negative Declaration No.93-1 was prepared for the revision request. The Planning Commission hereby finds that the Initial Study review add Amendment to Negative Declaration No. 95-1 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act of 1970 and guideline promulgated thereunder. Furthermore, the Amendment to Negative Declaration No. 95-1 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines Chat, having considered the record a whole Including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect o wild life r r the habitat upon which the wildlife c depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 953.5 (d) of Title 14 of the California Code of Regulations. h.eased on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site relates to an existing church facility identified as First Evangelical free Church. The project site is a triangular shaped lot, approximately 2.37 It is developed with a -story structure that contains a multi -purpose Fees, classroom and offices and two-story structure that contains classroom. Currently, the church facility is undergoing an expansion, which will provide a main sanctuary structure with classrooms. (b) The project site has a General Plan land use designation of Low -Medium Residential (RIM - max. 5 do/acre). (C) The zoning designation for the project site is Low -Medium Residential (RIM). (d) Generally, the following zones surround the project site: To the north and east is the RLm zone; to the South is the Low Density Residential (NI) Lone which incorporates the walnut Valley Unified Scheel District "Site DI; and to the west is the Neighborhood Commercial (CPD/C-1) Zone. (e) The Application request as amended herein is t®�x91(iQ9 approximately 36 parking stalls within an existing WTO lb for a total of 112 parking stalls; reduce the parkl stall dimensions; and protect the four Coast Live Oak trees and replace Me one California Pepper tree Chet was destroyed. (f) The proposed uses are allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed church facility is permitted In the Low Medium Residential (RIM) Zone with a Conditional Use Permit. The church facility obtained a Conditional Use Permit (CUP No. 1634(1)) from Los Angeles County in 1900. An extension of time was approved by the City May 21, 1991. Revisions to the original approval were approved on May 22, 1995. The church facility has a valid permit in full force and effect due to the substantial nstruction, which has occurred. My revision to the Conditional Use Permit that is considered substantial by the City requires a public bearing with the Planning Commission as the review authority. The applicant's request to add parking stalls within the knoll, reduce parking stall dimensions, and cause the removal val and replacement of Development Code protected tree species requires Planning Commission review and approval. As ended herein, the proposed request will comply with all other applicable provisions of the Development Code and the Municipal Code; (g) Me proposed use consistent with the General Plan and any applicablespecific plan; The proposed request is consistent with the General Plan Objectives 1.3 and 4.2 Of the Circulation Element and Objective 1.1 of the Resource Management Element. Objective 1.3 relates to maintaining the integrity of residential neighborhoods and discouraging through traffic. Objective 4.2 relates to providing adequate parking for all types of land uses. Objective 1.1 relates to preserving significant visual features like elope areas, hilltops etc., and preserve and protect native trees such as oak, walnut, sycamore, pepper, arroyo willow and significant trees of cultural or historical valve. Me proposed request as amended herein will provide adequate on -site parking and will reduce street parking n Diamond Bar Boulevard and within adjacent residential thereby maintaining the integrity of residential neighborhoods and balancing the need for optimum traffic flow. Additionally, the proposed request as amended herein will preserve and protect fovx Coast L14g ks that have varying diameters at breast height ranging, 11 to 22 inches along with other specimens of 1 healthy trees. (h) The design, location, size and operating characteristics of the proposed use compatible with the existing and future land uses in the vicinity; Me proposed request as amended herein for 36 additional parking can be accommodated on the project site. With the additional parking stalls, 112 parking stalls will be maintained on site, thereby reducing the need for on - street parking and causing the operating characteristic of a church facility to be more compatible with the existing residential uses and any future uses in the vicinity. (I) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The church facility was approved by Los Angeles county in 1990 to be constructed in three phases. With this approval the physical suitability of the site and the density/intensity of the use including access, provision of utilities, compatibility with adjoining land uses was addressed. As referenced in Item (h) above, the proposed request for additional parking is compatible with the adjoining land Additionally, the site can accommodate more parking and still preserve many of thelarge specimen trees and retain a portion of knoll, which acts as buffer to the adjacent residential properties. FLrthermore, the proposed additional parking does not impact site access or on -site circulation pursuant to the City's Public Works/Engineering Division review. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the pity and zoning district in which the property is located. Me proposed request requires additional grading in order to create a flat pad for the parking area. An update and re-evalustion of the mite's geotechnical report and hydrology study and hydraulics calculation is required for the City's review and approval. with the appropriate permits, inspections and compliance with conditions of approval, it is anticipated that the granting of this Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persona, property, or improvements in the vicinity and zoning district which the property jej. located. a (k) The proposed project has been reviewed in Compliance with the provisions of California Environmental quality Act (CEQA). Pursuant to the provisions of the California Environmental quality Act (CEQA), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit No. 95-1. Pursuant to CEQA Section 15164amendment to adopted Negative Declaration No. 95-1 has been prepared for the revision request. The amendments public review period began September 21, 1999 and ended October 10, 1999. VARIANCE (1) There respecial circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, o other conditions), o thatthe strict application of this Development Cede denies the property owner privileges enjoyed by other property owners in Us vicinity and under identical zoning districts or creates andunnecessary and -self created, hardship uonable non cr or noble regulation which make it obviously impractical to require compliance with the development standards. Pursuant to the City's Development code, the dimsions of a standard parking stall are 9 feet wide by 19 feet deep including bumper overhang. compact parking stalls are not permitted. This standard was in effect o December 3, 1999. At this point is time, two approved phases of construction for the church facility was completed. Currently, the third phase is under construction. The Los Angeles County Planning and Zoning Code under which the church facility was processed allows compact parking stalls (7.5 feet by 15 feet)) and the dimensions of the standard parking stalls e a feet by 18 feet. All three phases of the church facility's development w approved with these standards for parking stalls• In the interest of consistency and maintaining a 26 foot wide drive isle, the applicant is proposing to add two compact parking stalls and standard parking stalls with dimensions of 9 feet wide by 18 feet deep including bumper overhang. Due to the special circumstances that parking was approved and exists on -site with reduced dimensions and the original approval permitted compact parking, the strict application of the Development Code denies the property owner privileges Currently enjoyed f°e4 ansite and by ther church facilities in the vici% d under identical zoning districts. e. (m) Granting the Variance is necessary for the preservation and enjoyment of substantial Property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which no Variance is sought. As referenced in Item (1) above, the Variance Is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the came vicinity and zoning district and denied to the property owner for which the Variance is sought. (n) Granting the Variance Is consistent with the General Plan and any applicable specific plan. Granting the Variance is consistent win General Plan Objectives 1.1 and 4.2 of the Circulation Element. Objective 1.1 relates to maintaining the integrity of residential neighborhoods and discouraging through traffic. Objective 4.2 relates to providing adequate Parking for all types of land uses. ne proposed request will provide adequate on -site parking and will reduce street parking on Diamond Bar Boulevard and within adjacent residential areal, thereby maintaining the integrity of residential neighborhoods and Balancing the need for optima traffic flow. Additionally, there is not an applicable specific plan for the area In which the church facility is located. (o) The proposed entitlement would not be detrimental to the Public interest, health, safety, convenience, or welfare Of the city. The proposed request requires additional grading in order to create a flat Ned for na parking area. An update and -evaluation of the site's geotechnical report and hydrology study and hydraulics calculation 1l required for the City's revise and approval. Win the appropriate review, permits, Inspections and compliance win conditions of approval, it is anticipated that the granting of the Variance will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. (p) The proposed entitlement Me been reviewed in compliance win the provisions of the California Environmental Quality Act (CEQA). Pursuant to no provisions of the California Environmental Quality Act (CEQA), the City prepared and adopted Negative Declaration No. 95-1 for approved Conditional Use Permit No. 95-1. Pursuant to CEQA Section 15166, an amendment to adopted Negative Declaration No. 95-1 has been prepared for the revision request. The amendments public review period began September 21, 1999 and ended October 10, 1999. TRFR w a (It shall be necessary that one or more of the following findings be made.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to "e community. (r) no Gres interfaces with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree. (a) Me tree is a potential public health and safety hazard due to the risk of it falling a" Its structural Instability Cann be remediated. (t) The tree is a public nuisance by causing damage to improvements, (e.g. building foundation, retaining walls, roadways/driveways, patios, and decks). (u) The tree is host to an organism, which is parasitic to another species of tree, which is in danger of being exterminated by the parasite. (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and hoe been identified as a public safety hazard. (w) Preservation of the tree is not feasible and would compromise the propertyreasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section22.38.130 (Tree Replacement/Relocation Standards) below. The proposed request as amended herein will preserve the four Coast Live Oak trees that the applicant proposed to remx�ve. approximately seven of the larger trees will also be preserved. According to "e project arberist, C.T. Pilkerton of Pikerton Consultants, Coast Live oak trees In good heal". The trees are located on a down slope. Because of the "met in which the trees are located, the roots that support the trees structurally and from which the trees receive nutrients will not be impacted by the construction that will add the additional parking stalls. Pursuant to the City?s Development Codes, it will be required that "e four Coast Live Oak trees be protected as prescribed in Section 22A8.110-Tree Protection Requirements. Furthermore, it will be required "at fencing utilized for tree protection be inst. the grading limits which is approximately 17 to 20 f we the trunk of the trees. The arborlst report indicated that on California Pepper tree has been damaged beyond restoration. It is believed That the applicant did not realize Nat this tree is also protected pursuant to the Development Code because the church facility was approved under a cede that did not protect this species. As a result, the applicant will be required to replace the California Pepper tree at a 3:1 ratio, 24 inch box size, to be planted on -site within the knoll. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan, grading plan and parking lot lighting plan/study and collectively labeled as Exhibit "A" dated October 12, 1999, as submitted and approved by the Planning Commission, as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or Implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid Waste from residential, Commercial, construction, and industrial areas within thty. Tt shall he the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar t0 provide such services. (c) within 30 days of This grant's approval, the applicant shall submit a revised site plan/grading plan for the City's review and approval delineating the following: (1) Me reduced cut into the knoll, thereby preserving the four Coast Live Oak tree and approximately seven of the larger trees; (2) The revised location Of the 36 parking stalls which shall eliminate planter fingers within the westerly portion of the parking lot, the reduction of Me existing playground area and the addition of approximately four parking stalls adjacent to said playground area; (3) The protection of the four Coast Live Oak trees and the remaining larger trees pursuant to Development code section 22.3e.140-Tree pr, on Requirements; (4) The location, within the knoll, of the three-24 inch box California Pepper tree; and (5) Top of wall, bottom of wall, top of footing, finished surface and construction material of retaining wall utilized to hold the out into the knoll. (d) Within 30 days of this grant's approval, the applicant shall submit an update and re-evaluation of the prmject'B approved geotechnical report, hydrology study and hydraulic calculations reflecting the improvements approved by this grant for the city's review and approval. (a) Within 10 days of this grant's approval, the applicant shall submit a detail of the parking lot lighting fixture delineating method of shielding which shall eliminate spillage beyond the project site's boundaries. Additionally, this detail shall delineate the lighting time clock. Furthermore, parking lot lighting that may impact adjacent residential properties shall be off between 10:00 p. m. and 6:Do (f) This great's approval shall allow compact parking stalls dimensions of 7.5 feet by is feet and standard parking stalls dimensions of 8 feet by 18 feet, including bumper overhang. (g) At the applicant's expense, the planting of the three- 24 inch box replacement California Pepper trees shall be supervised by a certified arborist. Additionally, the certified arbcrist shall monitor the maintenance of said replacement trees for two years. The first year, quarterly report on the trees' progress shall be submitted to the City. The second year, semi-annual report on the trees' progress shall be submitted to the City. If any replacement tree(s) die within the two years, the tree(s)shall be replaced and monitored accordingly. (h) All improvements approved by this grant shall be installed prior to final inspection. (i) Grading activities shall not occur between the months of February and August due to the fact that rapture nests may exist during this time unless the grading area is evaluated by a biologist and it is determined that such nests do not exist. (j) Applicant shall comply with Stat4 ndicap Accessibility Regulations (i.e., van parking, 6t nce route to accessible entra, 6ho[Test pe cute to the closest pedestrian entrance, xestro , ramps, elevators etc.). (k) Plane shall conform to State and Local Building Code (i.e. 1998 editions of the Uniform Building Code, uniform Plumbing Code, Uniform Mechanical Code, and National Electrical Coda) requirements and Fire Department requirements. (1) Applicant shall obtain final inspection approvals from the City and a Certificate of Occupancy before utilizing the main sanctuary current under construction. (m) All requirements set forth 1n Resolution No. 95-06 except those rescinded by this grant shall remain in full force and effect. (n) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one-year extensionof time may be approved when submitted to the City in writing at least 60 Gaye prior to the expiration date. The Planning commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.92 of the City of Diamond Bar Development Code. (a) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permlttee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond ear Community and Development Services Department, their affidavit stating that they are aware c of and agree to accept all the Conditions of thisgrant. Further, this grant shall not be effective until the permittas pays remaining city processing fees, school fees and fees for the review of submitted reports. (p) If the Department of Fish and Game determines that Fish and Game Code Section 911.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 10 The Planning Commission shall: Q (a) Certify to the adoption of this Resolution,:Via. n,,^,A�, (b) Forthwith tranamit a certified copy of this ResalutSL by certified mail, to: Reverend Hark Hopp Evangelical Frae Church, 3255 S. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12TH OF October 1999, BY THE PLANNING CORNISSION OF THE CITY OF DIAMOND BAR. BY: Steve Tve. Chairman I, James Destefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City Of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of October, 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James Destefano, Secretary 11 ocr ez •� ae::um Rss-cPs _. —_ errs oFauevmumeeEsdlxcee,abencr q�,wm, tmw w o MB FOROFENOECTIO �GM&�Afli MRESTIRYp0.0M 2WMIBEIWSIiT RAMRSIDECPIFOLAazl0 9)MM125 Q:pber 1, 1999 att lla^nLgC 3w,m cr Cilybknams r GltydlEsnGwBr Dtmt 21MEl W, (A Oriva oiamc.N ex, cr. 91]65 ow wmmpal)pn: Inave Won aWsb by Me olamoM Br Evxgalwl Fr«Uun la ogwa nn epiNan W it whW b a pOpaeetl rtunx CerMe ypu mnutrvn9tM PrtpuwremrvelManundfa dEaw laeleE Pn IM1a NW MrtlnY prtpM TYs wwiW pt^laCle0wi9mYbecmmnMmeimeeae]ar+b gMXl9. 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Soros Ma Ewelry 0 tieMe 14hw a vtrWhy, Aelwtaea relmNm'xiatln FlpF LR IrgSop vxe MtaJaad Na M1pM1 IYkdTaWM Ton ulnm CivMI•ttlmalnp epp s b N vxy coon mIMw q let" d lewmebM x 0bl"wMN ij M, Orm,vWleeellialvin l0amtle baN9 VJtot MewelaalM lanaeMx N.aewt Meet ml; naer WW KXW- extem male riwanNrgtl Mmu.f Tatt N Nols WOO wecif t2ee xtrgamWeq wey bxp•ene peMg nyena0n aM rat W nFb wtl MMrcVq M QaMry sib for Nat M natlw orb. eWa+ly. Pwe Je%wm Capq OVWrb ReainwlnlalpYp�v/iAa^fa B(. Vic ITGr too cbb Ifhw ~&Cwnrtunilypwotty y�RJ na PELEN'n CITY OF OIARNO 34e �PM SLB6 EHGP Pilkerton Consultants, InVo sv 15 P4.17 P o, Box 2790 La Habra California 90632-2790 September 13, 1999 CityofDiamoMBar 21660 E. Copely Drive, Suite 109 Diamond Bar, Celiforma 917654177 AM: Ann Lungn, Planning Deportation Subject Evangelical Pra Chinch ofDlamorai Bar At you request, an inspection and evaluation was contlockd on Thursday, September 9,1999 an the subjec property. Thu pupoxe was in clearance what impact, if my, may malt on City prowixi trees four the parking los expansion. My findings and tecommendations are as follows: • One Coast Live Oak, approximately 22" DBH will be imported and require removal for the proposed development • Other Coast Live Oaks mthe wes should rot be impacted by the new development. • One California Pepper, approximately 12' DISH not clearly, shown on the plot plan has been imimmed arM damaged beyond restoration. The two protected species, Cast Live Oak and California Peppc w111 be impacted by the new development and there will be appropriate space in the landscape fix the 3 to 1 replacement ranos Respectfully, CJ. Pilkerton, Re®slercti Consulting krbofst#326 - crsroe a Ofo an � CrD JPVPLOPA611'l nF+AnniMeNl lV`Rff_' 'YP 99'a m,/ Y I is -c'SL 21WLNl. 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TMweme/e L.wr.xoonmireec •. vmeao. x ®e None a wumom® moe cono-a m.n:w so:miren®e.xmooarvt t. None ear near 3. Mum. mY myv eaamd. xrS meMloY a.k r:m1 NO ffm"sw,iu .3onkhw d. WEImy,Wril w unnomwL mNa Mr pAUmv.tiv.. M dmaied Uumgh Infect dcvdopm,17: m NO If npheim f uwvv m M ieryum if 4m umdev vu mYa vowed. vvhva,w Ina. WO Wep%ddFmm YvdlvO q) NO Ifym ma ®Yabi[yudv? odooveods WJIh Ee WmmlmaY4 Y89 J Ifvd Wmsl. cTnnx411n W dmweim hpal�! 6. M Nm MY iJmelWly,Mhldm or od: wlm fml^Pc � m ,he p^p (mdwwg uammpnvd aup Y45 NO I. 4 Wv pvpq bubi vnWiav Ei� fin EmN am (pJlvNn xilh mdxWY dmn vvgtlatim)? Y25 NO) Di Mavnnewa�fim4Gq: I Now Fw�'pms orm Non Nanub.pmavW bypgaG ComVuctonm menl Fmm, Oirn {vveYq py pyeY Nana [wiltlntio- Nmv Mdmumdl No �v. Wm®^d-`vmvy dm'pnmmV NlYvfl �! May B, 1995 Page 14 Planing Commission C/Yong suggested with respect to lots 3, 4 and 5 that the designer and consultants recheck their design on the shear keys. It appears that the geotechuical conditions on lots 3, 4 and 5 are rather favorable and there is noneed for a shear key as it r shown on the grading plan. He suggested the change is to not impact the adjacent a isting grove of oak trees in the area. He stated it is A matter of changing a few lines On the map. C/Schad called for the question. C/Fong recommended that the Hillside Management Ordinance be implemented for this project. C/Fong recommended that the lots be staggered to have clear areas between the structures so a passerby or someone driving down the street can see between the houses down to the open Chair/Flamenbaum restated the motion. The Planning Commission recommends that the City Council approve all the conditions a presented by staff and transmit all comments and recommendations stated at this meeting tonight. The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: VC/Huff, Schad, Fong, Meyer, Chair/Flamenhaum NDES: COIMIISSIONERS: None ABSTAIN: COMMISSIONERS: Norte ABSENT: COMMISSIONERS: None RECESS: Chair/Flamenbaum recessed the meeting at 9:17 p.m. RECONVEM: Chair/Flamenbaum reconvened the meeting at 9:29 p.m. CDD/De3tefano introduced the new Assistant City Attorney, Mike Estrada, with the law Eire of Richards, Watson n Gershon. NEW BUSINESS: 1. Conditional Use Permit go. 95-1 and Development Review No. 95- 1. A request to amend Conditional Use Permit No. 1634(l) i order to approve construction of a two story sanctuary structure with a cellar and two temporary modular units; and to ensure compliance with applicable design standards. Property location: 3255 E. Diamond Bar Boulevard, Diamond Bar map of 1995 Page 15 Planning Commission Property owner/Applicant: Evangelical Free Church of Diamond Bar, 3155 S. Diamond Bar Boulevard, Diamond But vC/Buff announced that he would be recueing hlmmelf from this agenda item and left the dais. Ann Longo stated the applicant is requesting approval to construct a two story sanctuary structure with a cellar and install two temporary modular classroom unite. The modular unite will be removed when the Certificate of occupancy is issued for the two story sanctuary structure. The applicant's request also includes lifting the time constraints and deleting irrelevant conditions of approval in the original conditional use Permit. The project site is a 1.37 acre triangular shaped lot. The project site is zoned B-1-7,500 and has a draft General Plan designation of Commercial (C). since this facility is located in a residential area, a Conditional Use Permit is required to insure that the development of this church is well integrated with the existing development in the area within the residential zone. The reason for the applicant's current request is twofold. First, the applicant desires to lift the time constraints of the original Conditional Use Permit. Since the Council's approval for the extension of time, Phase II was completed. Consequently, it is reasonable to suggest that substantial construction and completion of the project has occurred. Once substantial construction occurs within a grant's specified time limit, egrant is in full force and effect. Additionally, land use entitlements, which moat this requirement. remain with the land. Therefore, the Commission could nullify the time constraint. The applicant wants the nullification in order to accumulate enough money to construct a debt free sanctuary structure. The applicant hopes to begin Phase III's construction at the end of 1997 or the beginning of 1998. Since the applicant is applying for revisions to the original Conditional Use Permit grant by the County, staff feels it is appropriate to delete conditions of approval which are n longer relevant. These conditions restrict the construction of a tower and/or spire and limits evening activities to twice sweek. The applicant is not applying for a tower or spire, so that condition is no longer applicable. In the evenings, the Church provides community a rvices by allowing Cub Scouts and Alcoholics Anonymous meetings, as well as church activities. Therefore, it is not in the community's best interest to eliminate these services. Nay B, 1995 Page 16 Planning Commission In December 1994 the city Council approved on -street parking along southbound Diamond Bar Boulevard from 100 feet south of the curb return at Croaked Creek Drive to the northerly driveway of the project site. The permitted time for parking along Diamond Bar Boulevard 1s Sunday from 6:00 a.m. to 10:00 p.m. However, the on -street parking is only permitted until installation begins for double left turn/intersection modification on southbound Diamond Bar Boulevard at Brea Canyon Road. Presently, the project site maintains 41 on -site parking spaces, two of which are handicapped spaces. The code allows a ratio of one parking apace for every five occupants based on the largest assembly a of the Church. The largest assembly area of the sanctuary structure will have an occupancy of 390 persons. Therefore, based on code, 78 parking spaces a required, two of.. which are required to be handicapped spaces• A6tP/Lunge pointed out the current plan which allows for 76 on -site parking spaces. Compact parking spaces could be added to allow for the additional two on -site parking spaces needed to meet the code. The Fire Department is reviewing the proposed plane and their comments will be a requirement for this project. The parking lot construction causes s the removal of three Aleppo Pine trees and one Canary Island Pine tree. The applicant is proposing to replace three of the four trees within the parking lot area. Proposed grading quantities for the sanctuary excavation for the cellar includes 2,960 cubic yards of soil. 1e2 cubic yards of the excavated soil will be deposited in the western portion of the parking lot. Exported soil quantities will be 2,986 cubic yards. Due to the expected excavation, the applicant i required to make an application for a grading permit end submit a grading plan prepared by a civil Engineer for review and approval by the City Engineer. An application for Development Review is required for this project because if is institutional type use and the applicant r adding more than 10,000 square feet to the existing structure. The proposed project's Development standards comply with the City's development standards. The architectural style of the proposed sanctuary structure will match the existing structures on -site. The colors and matexial utilized will match the existing structures which have red vile roofs and off-white colored stucco. As such, the proposed sanctuary May 8, 1995 Page 17 Planning Commission structure will be compatible with existing on -site structures and other structures in the area. The applicant is also requesting to install two-24 feet by 60 feet temporary nodular classroom units to be utilized until construction of the sanctuary is completed. Before the issuance of the sanctuary's Certificate of occupancy, the temporary classroom units will be removed. In addition, the area will need to be paved to accommodate the temporary modular classroom units. Pursuant to the Development Review Ordinance, an application approved or conditionally approved automatically expires if not exercised within one year. However, the Planning Commission, subject to appeal to the city Council, may extend any such approval for two successive periods not to exceed sax months each. Since construction of the proposed sanctuary depends on the Church's financial status, staff recommends that the Commission consider granting a two yearDevelopment Review approval. If construction does not begin within this two year period and the design of the sanctuary structure is not altered substantially, staff recommends that the Commission require the applicant apply for an Administrative Development Review application to ensure compliance with current design standards and the Commission's approval. The environmental evaluation Shows that the proposed project will not have a significant effect on the environment and a Negative Declaration has been prepared pursuant to the guidelines of the California Environmental Quality Act (CEQA). Staff recommends that the Planning Commission approval Conditional Use Permit No. 95-1, Development Review No. 95-1, and Negative Declaration No. 95-1, Findings of Fact, and conditions as listed within the resolution. Responding to Chair/Flamenbaum, AstP/Lungu stated that if the applicant does not exercise the CUP within two years the project will be referred back for Administrative Review. Staff is recommending that the time constraints be lifted. The applicant has made a substantial completion of the project and only one phase is left to be completed. The reason staff commended Administrative Development Review is to assure that the applicant has complied with the conditions. Chair/Flamenbaum indicated that the lifting of time constraints appears to be granting the applicant special privileges that have not been granted to any other applicant in the past. Astp/Lunqu responded that staff feels that the May 9, 1995 Page Is Plamiog Commission applicant has substantially complied with the COP. This agenda Stem is an amendment to the original CUP approval. In response to Chair/Flameubaum, AstP/Lanqu indicated the proposed Ia on -site parking spaces complies with the code for ratio of 1 parking space for every 5 occupants_ . The sanctuary accommodated 390 occupants. Chair/Flamenbaun questioned whether the 98 spaces would be adequate. In addition, he indicated that the City has shied away from adding compact parking spaces. AstP/Lungu stated the applicant may be able to increase the parking area to accommodate the two additional required spaces to comply with the code without adding compact parking spaces. CE/Myers responding to Chair/Flamenbaum stated he did not feel it was ssary to conduct a traffic study for this Conditional Use,Permit. AstP/Lunge responding to Chair/Flemenbaum stated she believed that the Church has had conversations regarding parking with the owner of the adjacent commercial property located across the flood channel. At this time, she indicated she is hot aware of any agreement for parking. C/Schad consented that he believes in extending the time for the applicant since they have made a good faith attempt to comply with the conditional Use Permit. He suggested the mesa area could he 'stepped" for future parking. He indicated that some of the older pines along the storm drain may represent a hazard and may need to be removed. He cited the historical value of the property in the knoll area and suggested that the applicant should consult with the City's historical group to see if there is anything on the property that should be preserved prior to further construction. He stated that the trash on the northwest corner of the property adjacent to the residences should be removed without cost to the Church. c/Schad suggested a northerly left turn lane from the Church property. chair/Flamenkaum declared the public hearing open and requested that those in opposition to the project approach the podium. Larry Fry, 3155 Cherrydale Drive, stated he has been a resident of Diamond Bar for 21 years and has lived on Cherrydale Drive for 11 years. He indicated he does not oppose the Church. However, he does have a concern about the knoll area and the trees which are situated on the site of the original Diamond Bar Ranch ranch house. If the trees are taken out, they cannot be replaced in kind. In addition, red May e, 1995 Page 19 Planning Commission tailed hawks live in the trees. He suggested the area that is proposed to be used for office space by the Church could be converted to classrooms and sublease office space in another location. Responding to C/Meyer, Mr. Fry stated he has no problem with moving the night meeting restriction. He indicated.he has no problem with the bell tower as long as it is not used i the night hours. He further stated that he has no problem with the sanctuary. His only concern is the knoll area. Ronald Jung, 3163 Cherrydale Drive, stated he has been a resident of the area since 1981. He indicated that when he bought his property inDiamond ear he was told by the developer that the area was protected and the trees would remain along with the country feel. He further stated he i not opposed to building of the sanctuary but he is totally against any building on the knoll area. In response to C/Meyer, Mr. Jung stated he is opposed to lifting the restriction on the evening meetings and on the bell tower. Nora Jean Jung, 3163 Cherrydale Drive, stated she would have a problem with meetings five nights a week and she is opposed to the spires. She further stated she is concerned with the wildlife that live on the knoll and she is opposed to any building on the knoll area. Christine Fry, 3155 Cherrydale Drive, stated that she is surprised that the staff report does not include a negative environmental impact. She indicated she is very concerned with the wildlife in the knoll area Bud is opposed to any building in that location. She further stated she has no problem with evening Church meetings and she has no problem with a spire/tower for the sanctuary. Seeing no one else who wished to speak in opposition to the project, Chair/Flamenbaum invited the proponents to speak. Mark Hopper, Pastor, Evangelical Free Church of Diamond Bar, 3255 S. Diamond Bar Boulevard, referred the Commission to the original site plan for the project adopted under the Conditional Use Permit which included a two-stary building i the knoll area. The original building was completed in 1983. In 1990 the Church received a five year extension and since the building has not been completed, an extension is being requested at this time. He indicated that approximately $100,000 building funds have been raised and with the estimated cost to be in excess of $1,000,000, there are insufficient funds to complete construction. Pastor Hopper May 9, 1995 Page 20 Planning Commission stressed that the Church has a desire to develop the grassy knoll and that this should be reflected in the staffs report. He asked that the addendum to the staff report be changed to read as follows! "In the event that future expansion of the Church facilities into the knoll is needed, the applicant shall protect and preserve and/or relocate and replace . He stated that the building for the knoll has been reduced from two-story to one story which would be approximately the height of a residence. He further stated the Church would be willing to help grade down the knell to reduce the nuisance and visibility, whether for building or for the parking. In addition, most of the trees are located on the perimeter of the knoll area and would not be disturbed. The two or three trees that would be disturbed would be replaced by the Church. C/Fong suggested that the proposed knoll area classroom structure could be redesigned to be built into the bill to preserve the terrain and aesthetic value for the adjacent residents. Ron Clark, 20940 Ambusber Street, requested that the Planning Commission favorably consider the recommendation by staff. Pamela Watkins, resident of Pomona and Church attendee, cited numerous Church sponsored programs which impact the facility. She stated the Church is currently renting space at a facility n the opposite side of Brea Canyon Road to accommodate the overflow. Al Smith, Church Elder, emphasized the importance of providing facilities for the youth of Diamond Bar. Michael Beard, Associate Pastor, Evangelical Free Church of Diamond Ear, stated there are no written agreements for parking at neighboring locations. Mr. Fang entered photographs of the project site into the record. Jim Thayer, Architect for the Church, indicated the majority of trees at the site would be preserved. He stated the 5 to 1 ratio for parking appears to be inadequate and the ratio is closer to 3 1/2 to 1. Larry Pry stated that, is his opinion, the restriction originally imposed by the County should remain on the project and that the Commission should consider restricting further building in consideration of the areas adjacent to the project site. May 8, 1995 Page 21 Planning Commission Responding to Mr. Fry, Pastor Bopper stated that the Church has needs and that they are attempting to move forward in a responsible manner, with due consideration to the neighDora. Chair/Flamenhaum declared the public hearing closed. A motion was made by C/Meyer and seconded by Chair/F1amenbaum to directstaff to prepare a Resolution of Approval for Conditional Use Permit No. 95-1 and Development Review No. 95- 1 which prohibits development on the grassy knoll, removes the time constraints of the original Conditional Use Permit, removes the spire constraint, and removes the restrictions on evening meetings. The motion was approved 4-1 with the following roll call: AYES: CC MISSIONERS: Meyer, Chair/Flamenhaum, Fong, Schad NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Puff ABSENT: COMMISSIONERS: None VC/Buff returned to the dais. RECESS: Chair/Plamenbeum recessed the meeting at 11:05 p.m. RECONVENE: Chair/Flamenbaum reconvened the meeting at 11: 30 p.m. 2. Tentative Parcel Nap No. 23382, Conditional Use Permit No. 92- 1, and Oak Tree Permit NO. 95-2. A request to subdivide one parcel into four residential lots. Property Location: 3000 Block (north side) of Steeplechase Lane, Diamond Bar Property Owner: Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401 Applicant: Warren Dolezal, 4251 S. Higuera Street, San Luis obispc, CA 93401 Applicant's Agent: Hunsaker and Associates, 10179 Huenneken5 Street, San Diego, CA 92121 CDD/DeStefano stated that staff has provided the Planning Commission with an extensive package on this item including a lengthy staff report, environmental documentation, mitigation monitoring program as part of the negative declaration, maps, etc. This is application for a four lot subdivision behind the gates of "The Country Estates" located on a 2.55 acre site May 8, 1995 Page 22 Planning Commission directly across the street from the OCC project discussed earlier this evening. The four proposed lots range in size from about 24,000 gross square feet to a little more than 39,000 gross square feet. The pad sixes range from about 5,600 square feet to about 6,500 square feet. The Zoning for the property is R-1-6,DOC. Therefore, the proposal is consistent withthe zoning. The project is consistent with the draft General Plan which permits up to three dwelling unite per acre. The project requires a conditional Use Permit because it is within a Hillside Management area and technically within a significant ecological area. An Oak Tree Permit is required because there is one existing oak tree o site which is set aside and designatedn for preservation. The property has smaller pads thane me of the adjacent properties, the purpose of which is to serve as starter pads for future development for homes ranging in size from 4,000 to 8,000 square feet and to attempt to comply with the Hillside Management Ordinance guidelines. The unite would be consistent with that which has been and is being developed in "The Country Estates". The property is technically incorporated within the Significant Ecological Area (SEA) No. 15. However, there isonly one oak area. tree in the The property has been disked over the last 20 years. It is essentially a remanent piece from the has erisas Condominium project which was built several years ago. The old SEA boundary generally ran along the ridgeline. This property, according to the graphic that was provided to the City upon incorporation, indicates the property is included within the SEA. The City hired a biologist and environmental consultant to look at the property and, through this process, confirmed staffs suspicion that the property should no longer be considered a part of the SEA as it has none of the qualities for which the SEA was originally created. Approximately 185 property owners surrounding the site have been notified through the public hearing notification process. Staff requests that the Planning Commission recommend approval and forward the application to the City Council for approval of Tentative Parcel Map PC. 23382, Conditional Use Permit NO. 92-1, Oak Tree Permit No. 95-2, and the Mitigated Negative Declaration No. 95-2. Responding to Chair/Flamenbaum, CDD/DeStefanO stated "The Country Estates" has no interest in a third. gate (Hawkwood Road and Steeplechase Lane). Hawkwood Road homeowners are not interested in the additional traffic that a third gate at that location might create. The third gate does provide an appropriate location for an ISCOrgency only'- access point. May 22, 1995 Page 3 Planning Commission Chair/Flsmembaum stated that he believes the minutes accurately portray what the motion was and what the Commission voted on. He indicated the recording Secretary could also review this areaof the tape. The minutes have to Speak for themselves C/Heyei stated the minutes reflect the true content of the motion. He reiterated that his intent was to prohibit development on the grassy knoll. A motion was made by C/Nayer and seconded by C/Schad to table the approval of the Planning Commission minutes for May B, 1995 to the June 12, 1995 meeting. The motion was approved 4-1 with the following roll call: AYES: COMMISSIONERS: Meyer, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Huff ABSENT: COMMISSIONERS: None 2. Resolution No. 95-06: A resolution of the Planning Commission of the City of Diamond Bar approving Conditional Use Permit No. 95-1, Development Review No. 95-1, end Negative Declaration No. 95-1 which is a request to construct a two story sanctuary structure with a cellar and install two temporary modular classroom units Rod repealing Conditional Use Permit No. 1634(1) for a church facility located at 3255 South Diamond Bar Boulevard (Tract 33417, Lot 19). VC/fluff recused himself from this agenda item and left the dais. A motion was made by C/Meyer and seconded by Chair/Flameobl= to adopt Resolution No. 95-06. Chair/Flamenbaum stated his understanding of the government code is that the word 'prohibit" or words to that effect do not preclude an applicant from applying for a new and/or revised Conditional Use Permit at a later date. AP/Searcy concurred that under Title 22, the Conditional Use Permit addresses bringing back projects that are substantially different from a project for which the Commission has taken action. Chair/Flamenbaum continued that it was the intent of the Planning Commission to absolutely deny building on the grassy knoll at this time. Pursuant to funding available to the applicant, there was no idea as to when such building Night occur. The Commission did not believe it was in the City'sbest interest to approve a structure that would appreciably impact the surrounding community without knowing more about it. The Commission was May 11, 1995 Page 9 Planning Commission concerned with the issue of parking, as well as the improvements scheduled for Brea Canyon Road Bud diamond Bar Boulevard. If and when the applicant wishes to make new or revised application the Planning Commission will then make the appropriate determinations. Responding to Mr. Hopper, C/Meyer stated it was his intent to prohibit development on the grassy knoll as entitlement of the Conditional Use Permit, to eliminate the prohibition against spires on buildings on the site, and to eliminate the time constraints relative to evening meetings. At issue with building on the grassy knell is that the designs are not in keeping with goad land Use standards. There was s testimony indicating the grassy knoll is a habitatof endangered species which the environmental review did not reflect. in addition, there was testimony indicating that the knoll is an historical site. He further stated that there should be no mistake that his recommendation for the preparationof this resolution was to prohibit development on the grassy knoll. As the Planning Commission has reviewed and modified conditions placed on the property by Los Angeles Countv he indicated he would eroect future Plannino applicant tor Iutors development on the grassy knoll. He stated that it was his intent that if the applicant wished to develop the grassy knoll a aamendment would be made to the Conditional area, Permit for consideration by the Planning commission and the City Council at a future date. The plans that were submitted by the applicant have significant impacts on the surrounding development. Mr. Hopper responded to Chair/P1ameMaum that he would weed to go to his board of directors for direction on hether to continue with the matter or withdraw the application. He requested a continuance. AP/Searcy admonished the applicant to be aware that this application was brought before the Planning Commission in order to lift a condition of approval that terminated the Conditional Use Permit in November, 1995. If action i not taken by that time, the CUP will terminate and no additional development under that Conditional Use Permit would be permitted. In addition, no action taken by the Planning Commission relieves the due process procedure that is provided under the code. Due process for requesting any change at an additional time is always present. It is not precluded by any element of this Resolution. Responding to Chair/Flamenbaum, Mr. Hopper stated that the Resolution should be adopted if it is understood by Nap 22, 1295 Page 5 Planning Commission the City that the applicant has the right to return to the Planning Commission with an amended plan for the unused portion of land. AP/Searcy stated that this is guaranteed under Title 22. In addition, comments put forth this evening are recorded in the meeting minutes and become a matter of public record. The motion to approve Resolution No. 95-06 was approved 4-1 with the following roll call: AYES: COMMISSIONERS: M e y Chair/Flamenbaum, Schad, Fong NOES: COMMISSIONS": None ABSTAIN: COMMISSIONERS: VC/Huff ABSENT: COMMISSIONERS: None VC/Huff returned to the dais. CONTINOND PUBLIC HEARING: 1. Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1 end Oak Tree Permit No. 95-2. ISM No. 23382 (pursuant to Code Section 21.24) is a request to subdivide a 2.55 gross acre parcel into four residential lots ranging from .55 acres to .90 acres. The tentative map also includes the following: Conditional use Permit No. 92-1 (pursuant to Code Section 22.56.215 and the Hillside Management Ordinance No. 1 (1992)) which is required to protect resources contained in a significant ecological area and for hillside management in arean where grades ere in excess of ten percent; and Oak Iles Permit NO. 95-2 (pursuant to Code Section 22.56, Part 16) which is required to preserve and protect an existing oak tree. Applicant: Hunsaker and Associate Inc., 10179 Hunnekens Street, San Diego, CA 92121 Property owner: Warren Doleaal, 4251 South Signers Street, San Luis Obispo, CA 93401 Property Address: 3000 block (North side) of Steeplechase Lane between Hawkwood Road and Wagon Train Lens, Diamond Bar Les Willimm , Planning Director, Hunsaker and Associates, Inc., stated the purpose of the starter pads is to meet the intent Of the Hillside Management Ordinance. He Pointed out a clarification of proposed development standards, Exhibit "NO, for Parcel Map No. 23382. A 40 foot rear building setback is proposed for each lot. The May 22, 1995 Page 6 Planning Co®ieaion intent is to have the units step down the pad to overcome the massing issue. The maximum massing is 35 feet. Condition 127, relating to the cul-de-eac extension off of Hawkwood Road is an issue for the applicant. There i no opposition to putting in the knuckle and the appropriate improvements. However, the applicant does oppose having the cul-de-sac with the knuckle. We would ask that the Planning Commission approve, as we option: the knuckle; eliminate the standard cul-de-sac; include a turn -around with a gated private driveway a and retain the required emergency access t0 the Las Brisas Condominium project. Responding to Chair/Plamenbaum, Mr. Williman stated Hawkwood Road specifically services four units. The concern is that a public facility is being built in a private area since Steeplechase Lane at Hawkwood Road becomes -The Country Estates". Since "The Country Estates" is a gated community, this junction was intended to be gated for emergency access purposes only Audi not to provide public a There are some technical concerns with this approach. As a result of a profile for Steeplechase Lane, a water line was installed on Hawkwood Road with a turn into Steeplechase Lana to Wagon Train Lane. The Hawkwood Road grade up from Steeplechase Lane is approximately 12 percent. A typical maximum grade for cul-de-sac is 5 percent and he indicated his firm likes to design to a maximum of 2 or 3 percent. In order to accommodate a cul-de-sac, a severe cut would have to be made at the end of Hawkwood Road to lower the grade. The applicant's approach would be to use materials for the gate similar to the existing main gate for "The Country Estates, and used for emergency access only and not for through traffic. Ia accordance with the wishes of the residents, there will be no public access to "The Country Estates". The applicant feels a public access at this location would be very inappropriate. Responding to C/Meyer, CE/Myers stated he reviewed the proposed modifications to the street improvements. A specific condition of approval by the Planning Commission of Vesting Tentative Map No. 47950, which is located rose Hawkwood Road from the subject property, stated that Steeplechase Lane shall be knuckled and Hawkwood Road shall be cul-de-saced to City standards. Staff and the applicant have made this an issue in order to have the issue clarified by the City Council. The condition n VTM No. 47850 does not say "to the satisfaction of the City Engineer". In his opinion, it is a stark and clearly worded condition. Therefore, be indicated he is interested in clarification at this point in time. In this instance, no property frontage will be taken. Typical backing distance for firefighting vehicles is 150 cm couNcll, PLANNIN( COMMISSION AGENDA October 12,1999 7.00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Steve Tye Vice Chairman Steve Nelson Commissioner George huo Commissioner Joe McManus Commissioner Joe Ruzicka Copm d staff reports or other written doamemariun relating to Venda items am m file in the p nning Division of the Ayr. d C eoumry 6 Development Service; located at BW E Cooky Drim Sam 194 and am awneNe for puhlic mencenon, if row haw guemons rVarding an agenda item, pam call ") 3 5-5616 Memo; molar trine; houm In an efforr to comply stirh the ragwmmanw d Tile li d the American; with DimWiria Act of IM Me City of Diamond Bar repuim that any perron in need d any type d ryeoe/ equipmmr, emismnre or accommodarionW in order m enmmurdam at a City phli[ emming must on Me Dept d Community S : Demimmanr Semm car Mn) iM-66M a minimum d A hours prior m the m1n duled mewing. Xmm retrain tram ems, acting or drm[ag the City at DlmmiS Bar w mcyrd rem U the Au6lmrtmn od nuwmge; you m do tht one. City of Diamond Bar Planting Commission MEETING RULES Plmllf INPIti Ibemaunp otthe I)imood By Plemmg Commi®imue opm b Ibepub4w A mmbn otWe pubticmey eddseu hc(ammiwmmWe rubjcnafmcmmmevymds lams ism dhv Vmsofwbiehmxiehiv Ns, aubJtt�mavn jamms Am of ubher hmc i By r! S ivg Cammimioa A requvtu dN� Cmmissim sloWtl h aubmietd in wsimg n de public hemmg War! ssmuy of me cmmmis.lw to egonnam eccang, mmnlp'u1s,amaronmmmwBl cars Plbx nape dixmamofto Char Horcvmwmdtt b fmNnm Wemadvg, pass who w otmrmtd pubes fvrmimm mrybc mgmmmdm ®tic Ibcv pramution at me timeIbeiyma theasm theca) offi shouted for I®ity nimml pub4c arnetouver of On amyitm;or Oe Chan army limitlhe Wal am Commaso e0msbi for Pubtin IeslimovY bmei wthenmbtt ofPaplc mqumtin& to spcek antl me bninns of am ComrWnim. k&viduals sr: mquesmi to raduct Wemxelvtt iu a PrNwiaW and buismnsInc meonu. Comments and questions wek so cam 0 possess &vimare mnadeael Prim ti tle Co®ission makingrccomvvNeliom b tie stsR and cm. council. In eccordma wide Ggernmmt Code Section 5495c.3(a)9tcC two abuse uses, b time disymse ants public mrmem on turns previously amidmd by We Cormnission. In sccoNma wSW Star Law (Brown An), all menem to be nW m by she Commission nowt be poxtd at least 72 home prim to cae manusion manag N cam ofmttgmct a wbjatmamer wa mhttquage the porting of me agenda, won maim malting cfindings. the Cmnmission may ry M onimm Ibu is set mNcpmtd agenda Agendas for Dlmmd Bar Pleating Co msxionermamp nm prepared] by am Planing Divisimo(Ihe Community and Devclopmcm Services Depamnme Agmdaa art avalablc 72 hom prior to she averaged Cily}LII ad the pebli c hbrmy, and may he eaesntl by pebma compmcr at the mwnber belm v. Evn meeting of the Mamma Consen on is rcnrded an casxne miles ad du9lium capes arer mailable ton a remotest large ADA RFOORFMEMS A cordless tWmephoa IS avWebic for that pmmx with mobility impormenn who ammt eons am public xpeekine am. Thcsmim o(tiw mrdksx mimppbone mtlsi®almgmgc mmrpremrswnes mevaJsblc by givivgvoumat leutduabmv tdaysmdvmucofmmeetiag. Pleme WVhme(909)396-5676bnwem8:W =m 5.00p.m. Monday through Friday. CoWm ofAgmt RWes ofthe Commluioq Cnsenc Tapes of Meetings (909) 3%-5636 Computer Access wAgmtlm (909) 86oLME G=J Agendas (909) 396-5676 tonal. mfo@udiamond-bzr.uvs ' NW Rnoluuan No. 9944 PLANNING COMMISSION 7y�7 CITY OF DIAMOND BAR Tuesday, October 12, 1999 AGENDA CALLTOORDER: 7:00p.m. PLEDGE OFALLEGLUVCE: 1. ROLL CALL: COMMISSIONERS: CLaim:ao Steve Tye, Via Chvmmn Swve Nelson, Cceorge Kuo, loc McNiamis and Ice Ruaicks 2. MATTERS FROM THE AUDIENCESPUBLIC COMMENTS: Tits is Ec time and place for the general public address the members ofrhe Planning Commission on any itm that is wishia McirjunsdvitiM allowing the public an opportuoiry to speak on non -Public hearing sod nonagmda morn, punaic Qamplet; a 5 e1 for the ngsduig Scousury fconsaildninis form i v There u abve m nurc minimum time limb wM1ev addam ng the Plamuna Com ss in 3. APPROVAL OF AGENDA: Chaimun d. CONSENT CALENDAR: Tbc following ltnns lined on thew wt Winder are cm svibmid rout,,; unit ate approved by a smglo motion. CooseR Wender itms may be removed from We agenda by mqumt of the Commission only. 4.1 MINUTES: SEPTEMRER 28, 1999 S. OLD BUSINESS: Nunc a�N a:M:11FY 11 aCi• 6.1 [YIMPREHENSIVESIGN PROGRAM N0996(pun:uot to Cute Salon 22.36W) is a Mumts imtall mine wall signs m:M replaw the sign bce of so existing legal sign. PROPERTY ADDRESS: 1195 S. Dimond Bar Bsule Diamond Bar, CA 91765 PROPERTY OWNER: lacub Khahsim un INN Wilshsr; Ba:tevard, Suite 650 Lns AnpIcs, CA 90025 APPLICANT: Ray Bush 39<0 Pyrite Stela. Rveni ic, CA 925N October 12, 1999 Page 2 ENVIRONMENTALDETERMNATION: Pursumttthcpmv ouofthe CWdmnia EwiromeaW Qui Am(CEQA), ate Cityhmd. _ .that this projecom esmgmially exemp[pumlmma Stain 15311(a). RECOMMENDATION: StiffraommerWs that the Plarming Cotmmssion approve Comprehensive Sign Pm®am No. 996, Phtlwg of Fact and conditions of approval as listed within the resolution. 7. CONTINUED PUBLIC HEARING: Nose S. PUBLIC HFARWG: 8.1 MMMOML UM PEMT NO. 9 VARIANCE NO. 194TREE PEMT N0. 992 jpnrsaant to CW¢ Sessions M,58, 22.54 sued 2239) or a request to seise spprmxd Coneitlwal Use Permit No. 95-1 to add appmaimmely 34 parldog sells. The Vane oce nsPm m is to allow a recluction its tc Parking srdl dimcmions or order to be wosiarent with the original approval. The Tree Pcm t is a remrem tst remove and replace four oak trem. The oak beef removal k duo m to requcm far additional pmL'ne stalls. PROPERTY ADDRESS: 3255 9, Diamnd Em RoWevar l (Tract 3M 12, Lot 19) Borrowed Bar, CA 91765 PROPERTY OWNER/ Evangelical Free Church APPLICANT: 3255 S. Diamond Bar Boulevard, Diamand Bar, CA 91765 ENVIRONMENTAL DETER6DNATI0N: Pmsuw w the PrOYSIOm of the CaliforWa Enviroma®tal Quality Act (CEQA), Om City Prepared toil adopted Negative Dalaretion No. 95-1 kr the approved Cmditiovel Use Permit Na. 95-1. Pursuantm CEQA nation 13164,anammdmem m adopted Negative Declarmon 1, 1999 incl ben prep er 10, 199 revuimrequea[. ilre ammdmmt's reviewpenad begivs Sepmmbcr 21, 1999a�wds (lerdxr 10, 1999. RECOMMENDATION: Serffremmmends that du Palming CnminiSo011 approve COnttimBl Use Porous No. 95-1(1), Variance No 994, aM Free, Permit No. 99-2, earth the wcory:xation of Staff alNmative mmndmmtm Negative Dalamtion No. 95-1, Fillings o(Fan, antl mnditiam of approval u Bmctl w'vMnte resolution. 9. PLANNING C0IHM1HnS1ON COMMENTS: 10. INFORMATIONAL ITEW' it. 10.1 Videos Prmentafim oo Southern California Association of Governments(SCAG). 10.2 PubhcHnring data for futureprojeccs. SMALL6USWESSSEVHNARIN Fri Tuesday of each month trough November 19" CONRINCTIDNW THE 7:00P.M.-9:0PM. DIAMOND BAR CHAMBER OF AQMD, CC6, COM1 CE: k4s�alm co na IMA Pop Ocwbm 12, 1999 Pge 3 TRAFFIC AND TRANSPORTATION: Thursday, OwWr 11, 19W-2:00 PM. AQMD Hoard Homing Room, 21865 E. Copley Dnve COMPOSTMGWORKRHOP: Sswrday, Odaber 16, 1999-10AM_-12 N000 Sy® om Canyon Park M930 E.G Spm Dnw EHAMONDBARGENERAL Mondry, Ocmber 18,1999-790PM MUMC@AL ELECTION AQMD Aud¢mium, 21865 E. Copley Dnw CANDBDATE FORUM. , CITY COUNCB. MEETE0, Tu y, Omobcr 19,1999-6:30 P.M. AQMD AWil nvm 21965 E. Copley Dme DIAMOWD BAR CHAMBER OF SwW y. O91o6m 23,1999-9:00 A.M.-3'.00 P.M. COMMERCE BUSDJESS ERPO AND K-Man Shopping Ccma Packing La JOB FABL ADMR41s R mE REI Tucaday, Onober 26, IW9-6:00 P.M MEETAIG: AQMD Audwnum, 21865 E Copley Dnw PI.ANNEVG COMMISSION MEEFPIG'. Tumday, 0ulc6er 26, 1999-2:06 PM. AQMD Audkon 21865 E. Copley Dave PARKS AND RECREATION Tnursda, 0C 28,1999 - 7 W P.M. COMAQITEE: AQMD Bmd Hemin8 Rwu 21865 E. Ccplry Drive ADMIMSTRATR2 REl Tuesday, November 9, 1999-6:00 PM. MEEIDIG: AQMD Au6iwr m 21865 E. Copley Dnw Tu y, November 9,19W-7:00P M. AQMD AWd nun8 21965 E. Copley Dnvc 12. AIMOURNMENT: pymW 12lm _ PLANNING CONNISSION RESOLUTION NO. 95-06 A RESOLUTION of THE PLANNING C0RKISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 95-11 DEVELOPMENT REVIEW NO. 95-1, AND NEGATIVE DECLARATION NO. 95-1 WHICH IS A REQUEST TO CONSTRUCT A TWO STORY SANCTUARY STRUCTURE WITH A CELLAR AND INSTALL TWO TEMPORARY MODULAR CLASSROOM UNITS AND REPEALING CONDITIONAL USE PERMIT No. 1634(1) FOR A CHURCH FACILITY LOCATED AT 3255 SOUTH DIAMOND BAR BOULEVARD (TRACT 23417, LOT 19). A. Recitals 1. The property owner/applicant, Evangelical Free Church of Diamond Bar filed the "Applications" for Conditional Use Permit No. 95-1 and Development Review NO. 95-1 for a T-' request to construct a two story sanctuary structure $} with a cellar and repeal Conditional Use Permit No. 1634 (1). The project site is located at 3255 South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, Califor- nia, as described in the title of this Resolution. H- ereinafter in this Resolution, the subject Conditional Use Permit and Development Review applications are re- ferred to as the sApplicaticn". 2. On April IS, 1969, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On that date, pursuant to the requirements of the California Government code Section 57376, the City Council of the city of Diamond Bar adapted its Ordinance No. 1, thereby adopting the Los Angeles County Cade 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. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency with the Draft General Plan, pursuant to the terms and provisions of the Office • of Planning and Research extension granted pursuant to California Goverment Code Section 65361. 1y3 4. The Planning Commission of the City of Diamond Bar, on S May B, 1995 conducted a duly noticed public hearing on the Application. The public hearing for this project was closed on May 8, 1995. S. Notification of the public hearing for this Application was made in the San Gabriel Valley Tribune and the Inland ll it Bulletinnewspapers on April 14, 1995. Bitty property owners, within a 500 foot radius of the project site were notified by mail on April 11, 1995. S. All legal prerequisites to the adoption of this Resolu- tion have occurred. 8. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The 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 and determines that € having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and Conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this Planning Commission, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby finds that an Initial Study and Negative Declaration (No. 95-1) have been prepared by the City of Diamond Bar in compliance with the requirements of the California Bnviro mental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder. Further, said Negative Declaration reflects the independent judgement of the City of Diamond bar. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a 2.37 acre triangular shaped lot located at 3255 South Diamond Bar Boulevard. (b) The project site is developed with the following: a 4,524 square foot one story structure utilized as a sanctuary; a 3,200 square foot two story structure utilized as classrooms; a playground and a parking area with 41 on -site parking stalls. (c) The project site is located within the Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone. It has a draft General Plan land use designation of General Commercial (C). (d) Generally, the following zones surround the project site: to the north and east is the single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone; to the west are the Restricted Business (C-1) and commercial Planned Development (cPG) Zones; and to the south is the Single Family Residential -Minimum Lot Size 10,,O00 Square Fee (R-1-10,000) Zone. (a) The nature, condition and size of the site has been considered. The site is adequate in size to accommodate the proposed project. - CONDITICNN. USE FERMIT (f) The proposed project will not be insubstantial conflict with the draft General Plan, local ordinances, and State requirements. (g) The proposed project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (h) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (i) The proposed project will not jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. (j) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other 3 0 development features prescribed within City ordinances, or as otherwise required in order to , integrate the use with uses in the surrounding area. (k) The project site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate. DEVELOPMENT REVIEW (1) The design and layout of the proposed project is consistent with the applicable elements of the City's draft General Plan, design guidelines of the appropriate district, and any adopted architectural Criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned development. (m) The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will net create traffic or pedestrian hazards. (n) The architectural design of the proposed project is compatible with .the character of the grounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the Development Review Ordinance and the draft General Plan. (o) The design of the proposed project would provide a desirable environment for its occupants and visiting public, as well as it neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (p) The proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. 5. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) Conditional Use Permit No. 95-1 and Development Review Mo. 95-1 shall be developed in substantial ' conformance to plans dated May 0, 1995, collectively labeled Exhibit "A" as submitted and approved by the Planning Commission. Any substantial modifications shall be reviewed and approved by the Planning commission. (b) The site shall be ma intained in a condition Which" is free of debrisboth during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who hasbeen authorized by Hie City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (C) A minimum of 70 on -site parking stalls shall be provided and maintained. A minimum of 20 percent of the 78 parking stalls may be compact. A minimum of three handicapped parking stalls shall be provided that s omply with the American Disabilities Act's (A.D.A.) requirements. Standard parking stalls shall have a minimum width of eight (0) feet and a minimum length Of la feet. Compact parking stalls shall have a minimum width of s (7) feet six (6) inches and a minimum length of 15 feet. Two-way drive aisles shall have a minimum width Of 26 feet. Within 120 days of this grant's approval, a site plan, with the previously mentioned r shall be submitted to the city for review and approval. (d) Future parking lot lighting shall be installed and shielded in a manner that does not create glare or direct illumination upon neighboring properties. Plans for this improvement shall be submitted for review and approval by the city. (a) Within 120 days of this grant's approval, revised plans shall be submitted indicating the required trash and recycling bin enclosure, for review and approval by the City. (f) The two temporary modular classroom units shall be removed when the Certificate of Occupancy is issued for the two story sanctuary structure. • (g) The existing one story structure currently utilized for a sanctuary and businessoffices , shall cease functioning as a sanctuary upon the issuance of a Certificate of Occupancy for the two , story sanctuary structure. (h) Approval of this grant supersedes and repeals Conditional Use Permit No. 1634(1). (i) 'Me applicant shall comply with all Planning Division, Building and Safety Division, Engineering Department, and Los Angeles County Fire Department requirements. (j) The approval of Conditional Use Permit No. 95-1 and Development Review No. 95-1 shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this project. further, this approval shall not be effective until the permittee pays remaining Planning Division processing fees. (k) Notwithstanding any previous subsection of this solution, if the Department of Fish and Game requires payment of a fee pursuant to section 711.4 of the Fish and Game Cade, payment therefore shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. (1) The subject property shall be maintained and operated in full compliance with the Conditions of this grant and any law, statute, ordinance o other regulations applicable to any development or activity of the subject properties. 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 to: Evangelical free Church of Diamond Bar, 3255 S. Diamond Bar Blvd., Diamond Bar, CA, 91765; APPROVED AND ADOPTED THIS THE 22M DAY OF NAY, 1995, BY THE PLANNING COOMMMMISSSIION OF THE CITY OF DIAMOND BAR ✓j/C// BY: u Bruce Flamenbaum, Chairman 1, James DeStef&no, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held an the 22nd day of May, 1995, by the following vote: AYES: Flamenbaum, Fong, Meyer, Schad NOES: None ASSENT: None. ABSTAIN: Huff ATTEST: es DeStefanq Secretary - I INTEROFFICE MIXORAMDUM TO: Chairman and Flaming Commissioners PROM: Am J. Lmgu, Assistant Planner/rye SUBJECT: Amendment to staff report dated ril 10, 1995 for Conditional Use Permit No. 95-1 and Development Review No. 95-1 DATM: May 5, 1995 The staff report for the above mentioned project implies that the knoll located on the project site will be retained. The purpose of this memorandum is to indicated that the knoll may not be retained. The applicant desires the option to develop the grassy knoll in the future If the need for the church facility's expansion becomes necessary. This option could include either the parking lot's expansion (see page 2 of Exhibit "A") or the construction of a 2,192 square foot one story classroom structure (see page 1 and page 7 of Exhibit "A". Either option, requires the removal of the knoll. As stated in the staff report, the knoll contains several large tree including two oak trees. xn the event that either option occurs the applicant, pursuant to Code, is required to protect and preserve, and/or relocate the oak trees on the site. Large trees adjacent to the property line that borders the flood channel should be Preserved. Additionally, trees and shrubs should be planted adjacent to the property line that borders the residential neighborhood, thereby retaining as much of the knoll's affiance as possible. As stated in the staff report, if construction of either option does not occur within the two year times specified in the Development Review Ordinance, staff racommends that the Commission, s a condition of approval, require the applicant apply for an Administrative Development Review application to ensure compliance with current design standards and the Commission's approval. The incorporation of either option, requires the following condition of approval for the draft resolution: In the event that future expansion of the church facility into the knoll asneeded, the applicant shall protect and preserve, and/or relocate the existing oak trees on site. Large trees, adjacent to the property line that borders the flood channel, shall be preserved. Additionally, if substantially construction of the one story classroom structure or the parking lot expansion, within the knoll, does not occur within two years of this grant's approval, the applicant shall obtain Adminietrative Development Review approval to ensure compliance with the City's Current design guidelines and the Planning Co®ieelon'e approval. Staff feels that either option is viable. Staff recasmands that the Planning Commission consider the applicant's request based upon the relocation Of the large trees. INTEROFFICE HENORANOON To: chairman and planning Commissioners PRON: Ann J. Large, Assistant Planner/ SUBJECT: Amendment to staff report dated pril 18, 1995 for Conditional Use Permit NO. 95-1 and Development Review NO. 95-1 OATS: May 5, 1995 The staff report for the above mentioned project implies that the knoll located on the project site will be retained. The purpose of this memorandum is to indicated that the knoll may not be retained. The applicant desires the option to develop the grassy knoll in the future if the need for the church facility's expansion becomes necessary. This option could include either the parking lot's expansion (see page 2 of Exhibit W) or the construction of a 2,192 square foot one story classroom structure (see page 1 and page ) of Exhibit "A". Either option, requires the removal of the knoll. As stated in the staff report, the knoll contains several large tree including two oak trees. In the event that either option occurs the applicant, pursuant to Code, is required to protect and preserve, and/or relocate. the oak trees on the site. Large trees adjacent to the property line that borders the flood channel should be Preserved. Additionally, trees and shrubs should be planted adjacent to the property line that borders the residential neighborhood, thereby retaining as much of the knoll's ambiance as possible. As stated in the staff report, if construction Of either option does not occur within the two year times specified in the Development Review Ordinance, staff recommends that the Commission, s a condition of approval, require the applicant apply for an Administrative Development Review application to ensure compliance with current design standards and the Commission's approval. The incorporation of either option, requires the following condition of approval for the draft resolution: In the event that future expansion of the church facility into the knoll is needed, the applicant shall protect and preserve, and/or relocate the existing oak trees on site. Large trees, adjacent to the property line that borders the flood channel, shall be preserved. Additionally, if substantially construction of the One story classroom structure or the parking let expansion, within the knoll, does not occur within two years of this grant's approval, the • applicant shall Obtain Administrative Development Review approval to ensure compliance with the City's current design guidelines and the Planning commission's approval. Staff feels that either option is viable. Staff recommends that the Planning Commission consider the applicant's request based upon the relocation of the large trees. i ��a;..� ,. nr? N�3� { (.d» \2 , , ■ � � ����� \ �~ . . � . • ^q®l00 0o CC�'13WIi I � Q Q Q] z O =i\ y_ Q m ni^f 3q Qi o o Ul • lI 1l l'�Illlill� I wv inro» wwaaW ill m a i Cd O a s i H !I Y�tlWa��>�5D�38�ILII�IIJNY� JI e I ! � a01 VanVJ' � ..3� ���1 �i ��•��� fI II Won l :iuliamil eu��iPil�u! r N ry �dddoodd s c �oA Puown!O�? r � •}I TI I IIIIIIIII WWW �lll�ll�,l I Wu W.9illll'Ju1' ��I 030000dxd ®S.._c AFL iNi 1 N, 1 v=��Vo �wPe6uon� i ill � a 1 I IIIa`Un+oayumnJ d a,..' i1ij 00'' r .Y. V19 i PmW 0 4�1M 0 eay'un3 INTEROFFICE MCMORANOOM TO: Chairman and Planning commissioners FROM: Ann J. Longo, Assistant Plannerf SUBJECT: Amendment to staff report dated April 18, 1995 for Conditional Use Permit No. 95-1 and Development Review No. 95-1 DATE: May 5, 1995 The staff report for the above mentioned project implies that Me knoll located on the project site will be retained. The purpose of this memorandum is to indicated that the knoll may not be retained. The applicant desires the option to develop the grassy knoll in the future if the need for the church facility's expansion becomes necessary. This option could include either the parking lots expansion (see page 2 of Exhibit ^A") or the construction of a 2,192 square foot one story classroom structure (see page 1 and page l of Exhibit W. Either option, requires the removal of the knoll. As stated in the staff report, the knoll contains several large tree including two oak trees. In the event that either option occurs Me applicant, pursuant to Code, in required to protect and preserve, and/or relocate the oak trees on the site. Large trees adjacent to the property line that borders the flood channel should be preserved. Additionally, trees and shrubs should be planted adjacent to the property line that borders the residential nelghborho i, thereby retaining as much of the knoll's ambiance as possible. As stated in the staff report, if construction of either option does not occur within the two year times specified in the Development Review Ordinance, staff racemmeman that the Commission, s a condition of approval, require the applicant apply for an Administrative Development Review application to ensure compliance with current design standards and the Commission's approval. The incorporation of either option, requires the following condition of approval for the draft resolution: In the event that future expansion of the church facility into the knoll is needed, the applicant shall protect and preserve, and/or relocate the existing oak trees on site. Large trees, adjacent to Me property line that borders the flood channel, shall be preserved. Additionally, if substantially construction of the one story classroom structure or the parking lot expansion, within the knoll, does not occur within two years of this grant's approval, the applicant shall obtain Administrative Development Review approval to ensure ompliance with the City's current design guidelines andthe Planning Commission's approval. Staff feels that either option is viable. Staff recommends that requesto the Planning Commission consider the applicant's guest based upon the relocation of the large trees. M • City of Dia road Bar PLANNING COMMISSION wart Nepso AGENDA ITEM NUMBER: 7.1 REPORT DATE: April 18, 1995 MEETING DATE: May 8, 1995 CASE/FILE NUMBER: Conditional use Permit No. 95-1 and Development Review No. 95-1 APPLICATION REQUEST: To amend Conditional Use Permit No. 1634(1) in order to approve - structlon of a two story sanctuary structure with cellar and two temporary modular unite) and to ensure compliance • with applicable -design standards. PROPERTY LOCATION: 3255 S. Dlemend Bar Blvd. Diamond Ear, CA 91765 PROPERTY ONNRR/APPLICANT: Evangelical Free Church of Diamond Bar 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91265 SUMMARY: The applicant is requesting approval to construct a two story sanctuary structure with a cellar and install two temporary modular classroom units. The modular unite will be removed when the Certificate Of Occupancy is issued for the two story sanctuary structure. The applicant's request also includes lifting the time constraints and deleting irrelevant conditions of approval in the original Conditional Use Permit. Staff recommends that the Planning Commission approve Conditional • Use Permit No. 95-1 and Development Review No. 95-1, Findings of Fact, and conditions as listed within the attached resolution. 1 BACKGROUND The property owner/applicant, Evangelical Free Church of Diamond • Bar is requesting approval of Conditional Use Permit No. 95-1 (pursuant to Code Section 21.20. 100 and 22.56, Part 1) to amend Conditional Use Permit No. 1614(1) order to construct a two story sanctuary Structure with a Cellar and two temporary modular classroom units. The property o er/applicant is requesting approval of Development Review No. 95-1 (pursuant to Code Section 22.72.020) which ensures that the proposed project complies with all applicable local design guidelines, standards, and ordinances. The original Conditional Use Permit (CUP 1634(1)) was approved by Los Angeles County in November 1980. This grant permitted the church facility's development in three phases, within tan years. Phase 2 would include a multi -purpose room, classrooms, and offices. Phase II would include a nursery and classrooms. chase III would include the main sanctuary and classrooms. At the conclusion of the ten years, the three phases more not completed. After the City'B incorporation, the applicant requested an extension of time to continue the site's development. The Planning Commission reviewed this request on November 19, 1990, continued the public hearing to February 11, 1991, and concluded their review n March 11, 1991. At that time, the Commission failed to achieve a majority Consensus as to how beat balance the development needs. The City Council, at a duly notice public hearing held on May 21, 1991, heard testimony in regard to the extension of time request. • After due deliberation, the Council granted the extension with conditions. The City Council's grant modified a Los Angeles County condition of approval to read as follows: "The proposals may be constructed in three phases; but it shall consist of no more than three such construction phases and all construction phases must be completed within fifteen (15) years of the date of this grant". Therefore, the Council granted the extension to November 1995. Additionally, the Council's grant included Attachment NA" (refer to staff report attachment). Attachment ^A^ is a tree preservation plan to preserve and maintain the scenic beauty of the project site. The purpose of the applicant's current request is to remove the time constraints imposed by the CUP 1631(1) and obtain approval for Phase III's construction changes. ANALYSIS: The project Site is a 2.37 acre triangular shaped lot. It is • located at 3255 South Diamond Bar Boulevard. no project site is developed with the following: a 4,524 square foot one story structure utilized as a sanctuary (Phase I); a 3,200 Square foot •two story structure utilized as classrooms (Phase II); a playground area between the two structures; and a parking area with 41 on -site parking spaces. Forty-nine (49) percent of the project site is devoted to landscaped areas. Part of the landscaped a includes a grassy knoll located onthe site's northeastern portion. The grassy knoll contains several tree species including two oak trees. The project site is within the Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone. The draft General Plan land use designation for this project is General commercial (C). Generally, the following zones Surround the subject site: to the north and east is the Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone; to the South is the Single Family Residential -Minimum Lot Size 10, 000 Square Feet (R-1-10, 000( Zone; and to the west are the Restricted Business (C-1) and Commercial Planned Development (CPD) Zones. Me northwesterly property line is adjacent to a Los Angeles Country flood control channel. A church facility located within a residential zone, pursuant to Code, requires a Conditional Use Permit. The Conditional Use Permit's purpose is to ensure proper integration with existing or permitted uses within the residential zone. Conditional Use Permit No. 95-1 is to ensure Net the proposed revisions (to existing CUP • 1634 (1)) are integrated into the site and the residential zone. The reason for the applicant's current request is twofold. First_ extension of time, Phase IT was completed. Consequently, it is reasonable to suggest that substantial construction and completion of the project has occurred. Once substantial construction occurs, within a grant's specified time limit, a grant is In full force and effect. Additionally, land use entitlements, which meat this requirement remain with the land. Therefore. A iM51I n cold nu111f the e timc natrajnt The applicant wants the nullification �inorder to accumulate enough money to construct a debt free sanctuary structure. The applicant hopes to begin Phase III's construction at the and of 1997 or the beginning of 1998. classroom structure in the grassy knell (refer to Rxhibit "A", page one, Phase I) which will he deleted. Additionally, two modular temporary classroom unite are needed until the proposed sanctuary structure is completed. Therefore, Phase III consists of the sanctuary structure and the two temporary modular units. Since the applicant is apply for revisions to the original •Conditional Use Permit grant by the County, staff feels it is appropriate to delete conditions of approval which are no longer relevant. These conditions restrict the construction of a tower and spire and limits evening activities to twice a week. The applicant is not applying for a tower or spire, so that condition is no longer applicable. In the evenings, the Church provides • community services by allowing Cub Scouts and Alcoholics Anonymous meetings as well a church activities. Therefore, it is not in the communities beat to eliminate these services. In December 1994, the City Council approved on -street parking along outhbound Diamond Bar Boulevard from 100 feet south of the curb return at Crooked Creek Drive to the northerly driveway of the project site. The permitted time for parking along Diamond Bar Boulevard is Sunday from 6:00 a.m. to 10:00 a.m. However, the on - street parking is only permitted until installation begins for double left turn/intersection modification on southbound Diamond Bar Boulevard at Brea Canyon Road. Presently, the project site maintains 41 en -site parking apace, two of which handicapped spaces. Pursuant to Code Section 22.52.1095, every church, temple of ether similar place used i whole or in part for the gathering together of persons for worship, deliberation or meditation shall provide, within 500 feet, one parking apace for each five persona, base on the occupant lead of the largest assembly area as determined by the Buildi ficial. The largest a e mb�y ar Y tha sanctuary structo[a ill ve an cupancy of 90 so Therefore, based on code, )e arking spaces are re two�e which are [ e an capped spaces. As part of Phase III, 35 additional parking spaces will be • provided, three of which will be handicapped spaces. The total on - site parking spaces will be 76. According to Code, not more than 40 percent of the required number of parking spaces may ba compact. Approximately, twenty percent of the proposed on -site parking could be compact, thereby providing the required 78 en -site parking spaces. Compliance with the current State handicapped accessibility regulations is requireur According to the City Engineer, the proposed parking lot design provides "dead end" drive aisles that are over 200 feet long. The applicant is required to provide a revised site plan which details the aisle terminus and adequate vehicular turn around to the City Ergineer's satisfaction. Two-way drive aisles shall be a minimum of 26 feet and parking stall depth shall be 18 inches. Additionally, the Los Angeles County Fire Department may require such turn around to be suitable for fire apparatus and the posting of aisles as "Fire Lane No Parking". The Fire Department is reviewing the proposed plans. Their comments will he a requirement for this project. The parking lot construction causes the removal of three Aleppo Pine trees and one Canary Island Pine Ores The applicant is proposing to replace three of the four trees within the parking lot area. Pursuant to Attachment "A", the Tree Preservation Plan condition of approval for CUP 1634(1), specific on -site trees are • to be preserved or replaced in the event of removal or damage. i This plan is precluded in the event of future extensions, request •for additional permits, removal of trees due to the Church's future growth and redevelopment plans. However, oak trees located within the grassy knoll are subject to provisions of code Section 22.56.2050. The approval of Phase III does not effect the existing oak trees. The proposed site plan does not include parking lot lighting. My future parking let lighting requires arrangement and shielding i a manner that does not create glare or direct illumination on to neighboring properties. The submitted plans do not indicate on -site trash enclosures. The applicant is required to submit a revised site plan indicating the location of a trash enclosure which will also accommodate a recycling bin. The proposed grading quantities include 2,960 cubic yards of soil from the excavation of the sanctuary structure's cellar. One hundred and seventy-two (192) cubic yards of Me excavated soil will be deposited in the western portion of Me parking lot. Exported soil quantities will be 2,788 cubic yards. Due to the expected excavation, vation, the applicant is required to make an application for a grading permit and submit a grading plan prepared by a Civil Engineer for review and approval by the City Engineer. DEVEWPHENT REVIEW' • The purpose of Development Review Ordinance Ne.S (1g90) is to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; minimize adverse effects on surrounding properties and the environment; ensure consistency with the General Plan; and promote high n esthetic and functional Standards that will compliment and add to the physical, economic, and social character of Diamond Bar. An application for Development Review is required for any and all commercial, industrial, and institutional development which proposes the following: new construction on vacant property; structural additions, reconstruction, or new buildings which are equal to 50 percent of the gross floor area of existing on -site building(s), Or have a minimum of 10,000 square feet in gross floor and/or substantial change or intensification of land use. Pursuant to the Development Review Ordinance, the proposed project requires an application for development review because the 14,56E square foot sanctuary structure equals 50 percent of the existing -site buildings' 7,724 Square foot gross floor area and the intensification of use. The proposed sanctuary structure is two Stories with a cellar. The first story contains the church's main assembly area, classrooms, estrcoms, kitchen, projection a vestibules, and foyer. The • second story contains the projection room, classroom and attic. The cellar contains classroom, restroome, and storage areas. The present sanctuary structure, upon completion of the proposed • sanctuary structure, will be utilized for the church's business offices. The fallowing Is comparison of City's development standards for R-1-7,500 Zone and the proposed project's development standards. Chyle Development Standards pr0jeut's Development standards 1. Height: maximum height- 35 1. Height: maximum height-35 feet - two stories; feet - two stories; 2. Cellar: portion of the 2. Cellar: completely below building between the floor the average finished and ceiling which is grade; wholly or partly below grade and so located that the vertical distance from grade to floor below i equal to or greater than the vertical distance from grade to ceiling; 3. Setbacks: minimum front 3. Setbacks: front - 61 feat; yard setback-20 feet; side - 66 feet; rear - 60 minimum rear yard setback- feet plus; 15 feet; minimum side yard setback-5 and 10 feet; 4. Distance between build- 4. Distance between build- ings: minimum - 6 lugs; 12 and 21 feet; feet; • The proposed project's development standards comply with the City's development standards. The architectural style of the proposed sanctuary structure will match the existing structures on -site. The colors and material utilized will match the existing structures which have red tile roofs and off-white colored stucco. As such, the proposed sanctuary structure will be compatible with existing on -site structures and other structures in the area. \ The applicant is also requesting to install two - 24 feet by feet temporary modular classroom units. The units' location is 423k feet from the northeastern (side) property line, 32 feet from the front property line, and 25 feetfrom the existing sanctuary structure. The wood aiding of the units will be painted to match the color of existing on -site structures. The units will be removed when the Certificate of Occupancy is issued for the proposed sanctuary structure. Pursuant to the Development Review Ordinance, an application approved or conditionally approved automatically expires if not • exercised within one year of its effective date. However, the Planning Commission, subject to appeal to the City Council, may Wxterd any such approval for two successive periods not to exceed is menthe each, upon showing of good cause, if a written application extension is filed 14 days prior to the grant's expiration. Since construction of the proposed sanctuary depends on the Church's financial statue, staff recommends that the Commission consider granting a two year Development Review approval. construction does not begin i this i d nd the design the 68nCGUary e2[UCtuYe 1 t e1L d a+haY.nf ial lV staff reco tRar et C�ommisssion t a 1 _ for a ppment Revie omp nance with curren as go s andards and the Commission's ENOIEORMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project will not have a significant effect on the environment and a Negative Declaration has been prepared pursuant to the guidelines of the California Environmental Quality Act (CEQA). NOTICE OF PUBLIC REARING: Notice for this project was published in the Inland valley Bulletin •and the San Gabriel Valley Tribune on April 14, 1995. Public hearing notices were Mailed to approximately 60 property owners within a 500 foot radius of the project site on April 11, 1995. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 95-1, Development Review No. 95-1, and Negative Declaration No. 95-1, Findings of Pact, and conditions as listed within the attached resolution. Prepared by: •— G n J. p91, ie[ant Planner Attachments: 1. Draft Resolution of Approval 2. Exhibit "A" site plan, floor plan, elevations, and sections dated May 8, 1995 J. Mitigated Negative Declaration No. 95-1 4. Application 5. Memorandum from the Building Official dated April 20, 1995 6. Memorandum from the City's Engineer dated April 25, 1995 • 1, City Council Resolution of Approval No. 91-41 and it's Attachment "A" • C • • PLANNING CONNISSION RESOLUTION NO. 95-EZ �pp A RESOLUTION OF THE PLANNING COHNINEION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 95-1, DEPELOPNENT RSPIEF NO. 95-1, AND NEGATIPE DECLARATION NO. 95-1 WHICH IS A REQUEST TO CONSTRUCT A TWO STORY SANCTUARY STRUCTURE WITH A CELLAR RED INSTALL TWO MERCHANT MODULAR CLASSROOM UNITE RED REPEALING CONDITIONAL USE PRETTY ED. 1636(1) FOR A CHURCH FACILITY LOCATED AT 3355 SOUTH DIAMOND BAR BOULEVARD (TRACT 33613, LOT 19). A. Recitalo 1. The property owner/applicant, Evangelical Frae Church of Diamond Bar filed the "Applications" for conditional Use Permit No. 95-1 and Development Review No. 95-1 for a • request to construct a two story sanctuary structure with a cellar and repeal Conditional UP* Permit No. 1636 (1). The project site is located at 3355 South Diamond Bar Boulevard, Diamond Bar, Los Angeles county, Califor- nia, as described in the title of this Resolution. ereinafter in this Resolution, the subject conditional UsePermit and Development Review applications are re- ferred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization Of the State of California. On that date, pursuant to the requirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its 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 Las Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency the Draft General Plan, pursuant to the terms and pr sions OP the Office • 1 v WA/i� ` of Punning and Research extension granted P t to ' California Government Code Section 65361. ^� • 4. The Planning Commission of the City of Diamond Bar, o May B, 1995 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this Application was made in the San Gabriel Valley Tribune and the inland valley Daily Bulletin newspapers on April 14, 1995. Sixty property owners, within a 500 foot radius of the project site were notified by mail on April 11, 1995. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. rMT-TUMM., Now, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts get forth in the Recitals, Part A,_ of this Resolution are true and correct. 2. The Planning Commission hereby finds and determines that having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will not have the potential of a adverse effect on wildlife resources or the habitat upon which the wildlife depends Based upon substantial evidence presented in "a record before this Planning Commission, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby finds that bk jnitial O tudy memiem and Negative Decleration�No. 95-1)have been prepared by the City Of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) Of 1970, as amended, and guidelines promulgated thereunder. Further, said Negative Declaration reflects the independent judgement of the City of Diamond Bar. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, botchy finds as follows; 0 (a) The project relates to e 2.])•cre tri naq • shaped lot located at 3255 South Diamond p Boulevard. (b) The project site is developed with the following: R a 4,524 square foot One story structure utilized as a sanctuary) a 3,200 square foot two story structure utilized as classrooms playground and a parking area with 41 on site parking stalls. (c) The project site is located within the Single Family Residential -Minimum But Size 7,500 Square Feet (R-1-9,300) Zone. It has a draft General Plan land use designation of General Commercial (C). (d) Generally, the following zones surround the project site: to the north and east is the single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone) to the west are the Restricted Business (C-1) and Commercial Planned Development (BID) Zones; and to the south is the Single Family Residential -Minimum Lot Size 30,000 Square Fee (R-1-10,000) Zone. (a) The nature, condition and size of the site has Been considered. The site is adequate in size to accommodate the proposed project. COMDITIOIQL USE PERMIT (£) The proposed project will not be in Substantial oonflict with the draft General Plan, local rdinances, and State requirements. (g) The proposed project will net adversely affect the health, peace, comfort or welfare of persona residing or working in the surrounding area. (h) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (i) The proposed project will not jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. (j) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other E development features preecrib_ed within ordinances, or otherwise required ¢ order A, integrate the use with uses in the surroundin X area. r (k) The project site is adequately aBrved by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate. DBP6LOPRER7 RBPIRP (1) The design and layout of the proposed project is consistent with tee applicable elements of the City's draft General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plane, boulevards,o planned development. (m) The design and layout of the proposed project will not unreasonablyuse interfere with the and enjoymentof neighboring existing future developments, and will not create traffic or pedestrian hazards. (n) The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the Development Review Ordinance and the draft General Plan. (a) The design of the proposed project would provide a desirable environment for its occupants and visiting public, as well as it neighbors through gaud aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (p) The proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) Conditional Use Permit No. 95-1 and Development Review No. 95-1 stall be developed in substantial 4 • eonf • nce to plans dated May, 1995, Itl�lyj0t�, xhibit "A" as submitted and approved by Planning Commission. ! A' (b) The site shall be ma intained in a condition which is free of debrisboth during and after the ennstruction, addition, or implementation of the titlement granted herein. The removal of all 0 and 11 be the the waste from the (c) A minimum of 78 On -Site parking stalls shall provided and maintained. A minimum Of 20 perc of eight (9) feet and a Compact parking Stalls length or 15 feet. Two-way drive aisles shall have a minimum width of 26 feet. within 120 days aq1® of this grants approval, a site plan, with the previously mentioned revision, s rs on, shall be submitted o(B0 So to the City for reviewand approval. (d) Future parking lot lighting Shall be Installed and shielded in a manner that does not create glare or direct illumination upon neighboring properties. Plans for this improvement shall be submitted for review and approval by the City. (a) within 120 days of this grans approval, revised plans shall be submitted 'indicating the required trash and recycling bin enclosure, for review and approval by the city. (f) The two temporary modular classroom units shall be removed when the Certificate of occupancy is issued for the two story sanctuary structure. • 5 (g) The •existing one story structure curi utilized for a sanctuary and business off' shall cease functioning as a sanctuary upon rt issuance of a Certificate of occupancy for the tw� story sanctuary structure. (h) Substantial construction shall uncut for the two story sanctuary structure within two years of this grant'S approval. /lf substantial construction has not occurred, the applicant hall be required to obtain Administrative Develsntt Review pp to enA�• th `the C Review rrreennt design standards and the Planning Commission's approval. substantial alteration of the two story sanctuary structure's architectural design shall require the applicant to obtain Development Review approval. (i) Approval of this grant supersedes and repeals Conditional Use Permit No. 1634(1). (j) The applicant shall comply with all Planning -,A —Benin Division, Building and Safety Division, Engineering Department, and Los Angeles County Fire Department requirements. (k) The approval of Conditional Use Permit No. 95-1 and Development Review No. 95-1 shall not be • effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this map, at the City of Diamond Bars, Community Development Department, their Affidavit of Acceptance Stating that they are aware of and agree to accept all the conditions of this project. Further, this approval shall not be effective until the permittee pays remaining Planning Division processing fees. (1) Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 911.4 of the Fish and Game Code, payment therefore shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. (a) 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 properties. 0 • 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 to: Evangelical Free Church of Diamond Bar, 3255 S. Diamond Bar Blvd., Diamond Bar, CA, 91765; APPROVED AND ADOPTED THIS THE STH DAY OF MAY, 1995, BY THE PLANNING COIMISSION OF THE CITY OF DIAMOND BAR BY: Bruce Flamenbaum, Chairman 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, at a regular meeting of the Planning Commission held on the Sth day of Bay, 1993, by the following vote: • NOES: ASSENT: ABSTAIN: ATTEST: James DeStefano, Secretary n LJ 0 • • • C� • NEGATIVE DECLARATION NO. 95-1 Harsh 20, 1995 Came Humber: Conditional Use Permit No. 95-1 and Development Review No. 95-1 Applicant: Evangelical Free Church of Diamond Bar 3255 S. Diamond Bar Boulevard Diamond Bar. CA 91765 Proposal: A request to revise existing Conditional Permit No. 1634(1). The revision includes 14,568 square foot three story structure which incorporates a sanctuary, classrooms, kitchen, and storage areas. Additionally, the revision includes two portable classrooms (24' E 40• each) which will be removed upon the completion of the three story structure. Location: 3225 S. Diamond Bar Boulevard Diamond Bar, CA 91765 • InilSal etude - 0v41iamenlal Vlnaivan 1. Earth. (a-g) The proposed project includes the construction of a three story building which incorporates a sanctuary, classrooms, kitchen, and storage areas. In order to construct the third story (cellar), approximately 2,960 cubic yards of earth will be a vated. One hundred and s venty-two (192) cubic yards of the earth will be dispersed in the western portion of the parking lot. The remaining 2,788 cubic yards of earth will be exported. The project site is developed with a 4,524 square foot structure, parking lot, and lawn area. The proposed grading will not alter the existing topography or ground surface relief features. .The proposed grading is insignificant and the remaining 2,760 cubic yards of earth will be exported. The proposed project will not create unstable earth conditions or changes in the geologic substructures or destroy any unique geological or physical features. Mere is a knoll in the northern portion of the site. However, • 1 • development is not contemplated for this area. The area sited for development is flat. Therefore, unstable slope conditions will net occur. • Findings, The proposed project will not have a significant effect on the environment. 2. Air. (a-c) The proposed project will generate short-term pollutants. These pollutants will be generated locally by construction equipment emissions and dust from grading activities. The project's developer is required to protect against windblown oil erosion during grading and emissions from construction equipment. combining protection measures required in the Uniform Building Code and SCAQMD Rule 403, these impacts will be regulated. Additionally, the proposed project is not anticipated to result in the creation of objectionable odors, alteration of air movements, moisture, moisture, temperature, or climate. Findings, The proposed proj act will not have a significant effect on the environment. However, existing regulations mitigate potential impacts to a level of insignificant. 3. hater. (a-i) The proposed project Is not anticipated to result in changes in current, direction or flow rate of water, amount of • surface water In any body of water, or the quality of water. Additionally, the proposed project will not create or expose people to water related hazards, reduce the supply of water. The diminutive Increase in off -site runoff due to site development is insignificant. Findings, The proposed project will net have a significant effect on the environment. 4. plant Life. (a-e) and S. animal Life (a-d) The project site is an existing development. As such, it does not have any unique or endangered species of plant or animal life. Findin Site development will not have a significant effect on plant or animal life. 6. Noise. (a-b) The site's development will result in the generation of noise for the short-term only. The short -tars construction noise will be generated locally during the construction of 2 the sanctuary building. The existing ambient noise is generated by daily traffic on Diamond Bar Boulevard and Brea Canyon Road. The sanctuary building's use is not likely to Increase the area's ambient noise level. The project's developer is required to comply with the City's Noise Ordinance. Finding The propeaed project will not have a significant effect on local noise levels. However, existing city regulations mitigated potential impacts to a level of insignificant. ]. Light and Glare. (a) The proposed project will not result in significant new light or glare or contribute significantly to existing levels of light and glare. The project site is an existing development located on Diamond Bar Boulevard, adjacent to a mall shopping center near the intersection of Diamond Bar Boulevard and Brea Canyon Road. Am such, higher levels of light and glare may exist. As a result, the addition of the sanctuary building and two portable classrooms will not increase the area's light and glare. Findings, Due to the small scale of the proposed project, it willnot have a significant effect on the generation of light and glare.. • a. Lava gas. (a) The proposed project does not alter the present or planned land asof the site or the area. The proposed and existing e is permitted in the zone with a conditional Use Permit. The present use e is operating under Conditional Use permit No. 1649(1). The proposed project is a revision to the existing Conditional Use permit. Findings: The proposed project will not have a significant effect on land use. 9. Natural RaaoLrc46 (a) The proposed project does not significantly increase the use of any natural resources. The developer and property owner are required to comply with existing regulations to reduce solid waste and are encouraged to recycle which further minimizes the consumption of natural resources. Findings, The proposed project will not have a significant effect on natural resources. 0 3 10. Risk of Upset. (a-b) and 17. Human Health. (a-b) The proposed project may involve temporary storage of fuel • and oil for utilization b9 construction equipment. The risk of spillage and/or leakage of small quantities of fuel and oil is remote. Additionally, this potential exists at any construction Site. The project will not involve the risk of explosion or the release of hazardous substances nor interfere with emergency response plans or emergency evacuation plans. The project's developer is required to comply with existing regulations to protect against risk of spillage and/or leakage of toxic materials. Eindinag, Due to the project's am 11 scale and existing regulations i effect, it will not result in a significant risk of upset or health hazard. 11. Population. (a) and 12. Housing. (a) The site's development i existing. The proposed construction is for a churfacility's appurtenant uses. As such, the proposed project will not result in an increase of population or housing stack. Findin The proposed project will have an insignificant effect on population and housing stock needs. 13. Transportation/Circulation. (a-f) • The project site is developed with a church facility. The proposed project will not substantially increase traffic, alter circulation patterns of people or goods, water, rail or air traffic. Additionally, the project will not impact existing transportation systems or increase traffic hazards to motor vehicles, bicyclists, or pedestrians. However, additional parking may he required for the expansion. The project's owner is required to comply with the City's parking requirements. Findings; Due to the regulations ineffect, the proposed project will not have a significant effect on transportation and circulation. 16. Public Services. (a), 15. Energy. (a-b), and 16. Utilities. (a) The project site is developed with a church facility. The proposed construction will not increase no demand for public services. Additionally, the hours of operation will not expand due to the proposed development. Am a result, the diminutive increase in energy and utilities is insignificant. 4 • Findin The proposed project will not have a significant • effect on public services, energy, and utilities. IS. Aesthetics. (a) The project site is developed with a church facility. All new materials and colors utilized for the new sanctuary structure will match the existing building on the site. The portable classrooms will be painted to match the existing building. The proposed project will not obstruct any scenic vistas or views open to the public, or be offensive to the public view. Additionally, this project is being processed as a Development Review (design review) In conjunction with the Conditional Use Permit. Findings: Under the above mentioned conditions and the Clty's Development Review ordinance, the proposed project is not considered to be aesthetically significant. ls. Recreation. (a) and 20. cultural Resources. (a-d) The project site is developed with a church facility. The addition of a sanctuary and two portable classrooms will not impact the quality or quantity of existing recreational Opportunities. As a developed site, the proposed project' will not alter or destroy prehistoric or historic archaeological conditions or create an impact on cultural • values, religious or sacred uses. No cultural resources have been identified on -site. Pindin The proposed project will not have a significant effect on recreation and cultural resources. 21. mandatory Pinning of Significance. (a-d) The project site, an existing church facility, is previously disturbed by its development. It does not contain rare or endangered species, or cultural resources. This small scale project does not have the potential to achieve short-term to the disadvantage of long-term environmental goal{ nor impose impacts which are individually limited but cumulatively considerable. It complies with the draft General Plan and fisting zoning Code. The proposed project does not involve the use of hazardous materials, pose the risk of explosion; nor is it located in close proximity of such uses. Findingaz Approval of the proposed project and its ultimata construction Is not anticipated to cause substantial adverse effects directly or indirectly on human beings, the environment, and animal and/or plant life. • C Y. I'ta a aL• .rl �� il'ul 1. Beekgrouad 1. Nome of Applicant: Evannikal Free Chunk of Diamon Bar 2. Address and phone Number of Proponent: 3255 Siddh Dimavd Bar Bnnlevord 3. Nome, Addlass and Mom of Project Contact: Faeor Murk Ruocer. 3255 South g. Date of Environmental Information Submittal: February 23 1995 S. Date of Evv'vovmevtal Checklist Submittal: February 23. 1995 6. Iead Agency (Agency Required Checklhl): C'tv of Dimond Bar A. Name of Proposal J aWUmble (Tmct No. R Subdivkion): Conditional Use Peemh • 8. Related AppBeatlons (under the authority of this evvirovmeWal determimtloo): Mi NO variavtt: _x Coodllioml Use Pe[m x_ Zoo Change: C.ercaal lqm Ammdmevl: x Development Review: Wmrh ComPfvred Enviromrtemd IN nnmlon Form) (&P(nnadone and addbional ia/osmadan ro eupP(esenf aG "Yea"and "pavdbry'anewers are required ro be eubw%ged on afearhad dheefe) • YES WE POSSlBLY 1. Earth. Will the proposal result Us a. Unstable earth condition, or changes in geologic euh tructur"? b. oiuruptlona, displacsoants, compaction or overcounrip of are void x c. change in topography or ground surface relief faaurav x a. The destruction, covering or modification of any unique geologic or physical features A a. My insures" in wind orwater erosion of Solis, either on or off the Zito? _ A f. Changes in deposition, erosion of a ban" or Lana adjacent t ending cater, changes In siltation, deposition or other processes Mich may sodlfy the channel of constant [ lntMaittently flowing water as ,all o the surrounding p rment or m aCtmt lntarmSstandiwebr? A g. Exposure of people or property to geologic hazards such as sa[thguaYes, Landslides, mudalldee, ground failure, or similar hazard.? • 2. Air. will the proposal ""It Us x e. Substantial air annelons or deterioration — — of Ancient sir quality] x E. The creation of objectionable odors? x C. Alteration of al[ oavmntr misters, o tang cature, or any changes in climatep either Locally or regionally] 3. Water. Will the pros result Lt x A. Changes in currents or the course It _ direction of &tar errands A I. Chang" in absorption rate,, drainage patterns, or the rats and Mount of surface run-off? A r. Alterations of the tour" or flow of flood _ waters? A d. changes in the amu t of surface water In any body Of 'Ater? x e. nlecharge into surface waters, or In wry of Surface vote[ quality • ilteration ncluding but not limltea to dieaolved oxygen and turbidity? A f. Alteration of the direction or rate of now If ground waterer • • Y88 NO POSSIBLY x g. Change in the Quantity of ground wCe "tars, either through direct additions withdrawals, o through interception of aquifer by cuts nr ex avat,anu _ x h. Substantial reduction in the emomnt of ,star athecviso drillable for public water suppliers x 1. Exposure of people Or property to rstar related lessors much an flooding? a, plant Life. Will the proposal ,,,It ill x a. Change in the diversity of species, or number of any special of plants (including etrubs, grass, cropg, and squatic plants)? _x b. Reduction In the nucleon of any unique race of a,dangsred Species of plants? x C. Reduction In the Site of Sensitive habitat "Age or Q1N^ c unities which are recognized sitiva? A I. Introduction of n specio, of plants into an area, r in taw barrier to the normal replanioloul of Painting sgciam? x_ e. Reduction in sact sage of any agricultural p? • 5, analcmLife. L Will the proposal rewlt x a. Change in the diversity of species, Or number of any species of animals (bird land a Wls including reptiles, fish, and shellfish, bentbic organisms and insect,)? A I. Reduction in the numbers of my unique care or endangered species of animals? A C. Introduction of no, spacial of stuns], into an area. r in a barrier to the normal migration or movpnt of resident Speciers x d. Induction in sire or deterioration in quality of elating fish or wildlife habitat? 6. Polls. Will All proposal result im x_ e. Significant lnrpaso In existing toles levels? x b. Exposure of people to Swee Orin levels? '1. Light and Alan. Will the proposal result 1n, x e. significant new light And glare or ontribute Significantly to existing lwals • of light and glare? 8. lamd Von. Will too proposal result Ian a. A wlst ntlal alteration of the present or planned land un in an ores? • • Y86 NO P0.56IBLY 9. Matueal teaoueoa. NL11 the Proposal ruult ins X a. An increase in the [ate of uv of any natural resources? • 14. LLh of Upset. Will the proposal result ins A a. A risk of an exPloelen o[ the r1leaee of hers[tlous betans )includlnq but not w ed limitto'oil, pesticides, chemicals o radiation) to the avant of an accident or upset condition? X b. Probable interference with an emergency aspones plan or an emergency evacuation plane 11. Population. Will Na prcpouL X a. Alta[ the location, distribution, density, or growth rota of the human Population of an ? 12. amusing. Will the proposal effects X a. existing housing, orcreate a demand for additional housing] 13. Srempn[tatlm/fAxulatlm. Will the proposal result ins A a. generation of Substantial additional _ vehicular movement? X b. affects on existing parking facilities or • demand for now parking? X_ C. Substantial impact on existing transportation eyetems? A d. uteratilne to present .patterns of _ circulation or euvement of people and goads. e. Alterations to waterborne, call or al[ traffic? A f. Increase in traffic hara[da to motor _ vehicles, bloycllsts or Pedestrians?? 14. Public Services. will the Proposals a. Have a effect upon, o cult in the need for n altered governmental eary L[aa In any a[ the fallowing areas: A 1. Firm Protection? A 2. Police Protection? X_ 3. Schmle? A <. Parks or other recreational facilities? • a ranCeoaofpublic factlit Lee, —A including? A 6. Other governmental Services? YES NO POSSIBLY 15. 6n.rgp. will the prnpovel resultn, • x_ a te Va. of substantial of fuel or erW? x b. Substantial Increase demand upon .n r zl'tLn9 e a qy nLr. he .sett development of of energy? 16. Utilities. will Ua prepesal "Suit Am x a. A need for new Systems, or substantial alterations to g aloe utilities? 11. Hausa Health. will the proposal vault So, a. Creation of Any health h+earn on latentiel health he,eed (e*ulIdIng mental health)? x_ b. of people to potential health name:Le] is. aesthetic.. will the proposal result ie, x e. The obstruction of any scenic vista o vies to open t the publim, o Will the prepesel Or result the creation s aesthetically Offensive sue open to the public view? 19. Recreation. will the proposal result in, • x a. Ra impact the quality or wantlty of CpOn siting recreational opportunitlee] 20. Cultural Aesnarc.a. Will the proposal result im x A. rho alteration of or the destruction of a prehistoric or historic Archaeological Hite x b. Adverse physical or osthelc effects is s prehistoric or historic building, structure or object? x C. A phyoiceL change which x ld effect eni¢?e ethnic cultural value*? d. Restrictions on *,Latin religious or Sac,,d uses within the potential impact 11. Wardatory rindiags of Stgauicuce x_ a. Goes the proposed project have the potential to degrade the quality of the environment, Substantially reduce the habitat of s fish or wildlife .roues, fish or Wildlife population to drop self sustaining levels, threaten to below+ eliminate or significantly reduce a plant . or animal community, reduce the number o restrict the range of e rare or endangered plant oranimal eliminate laro"Ant examples of the major perlMs of California history or prshlstory? • • sea NO eosaxacx x L. Does the proposed project have the potential to e,hi"*short-term, to the disadvantage of long-term, environmental . goals) x c. Doe, the proposed project Was Impacts which are individually limited but cumulat Lvely considerable? d. nee the project Was environeantal effect• whim will cause substantial adverse affett. on Dowse beings, either directly or indlreetlye E 0 • • III. DISCUSSION OF ENVIRONMENTAL EVALUATION: • (Attach Narrative) IV. DETERMINATION: On the basis Of this initial avaluatiom x I find that the proposed project COULD NOT have a significant affect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant affect on the environment, there will net be significant effect in this Casa because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find Nat the proposed project MAY have a significant effect On the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: March 30. 1995 Signature: �vQ • Title: Ass-6tlant Planner For the City of Diamond Bar, CA CITY OF DIAMOND BAR DEPAR't'111EN't' OF PL=* 21660 E. Copley Drive Suite M (909)396-56/6 Fax (909)561-3117 •COMMOltf'AL USE P6RhDT APPLICATION By Record Owner(s) Applicant Applicaht'S Agent Name EVANGELICAL FR¢e CHURCF, 07, nThlinnrl l,10_ _ _- _ -- _r limit m filet) Addnu 3255 S. Diamond Bar Blvd City Diamond Bar, Ca. 91765 ys.00d Phcnv B09) 594-7604 ( 1 ( ) (Attach e@arn4 vbest if n aryl including n v addrevevand signatures of mawbs m of Partnerships, joint ...tutor and directors of corporations) COMSRRT, /I/consent to the Dml 1on of he appilcaclon accv panyinq this request signed '�///� / _ t _� 7A_ Data Y Ull rewdw wn t ficatinv S the undersigned, hereby certify under penaicy of perjury that the information heroin provided is correct to the bast I my a,1111d98. . Printed uses Mark dancer - t {elll AT air ��. t){���/1 Signed — 1��� /�/ // o0,tt — Date d�14�c1= tgrltwtnrmen) Location 3255 S. Diamond Bar Blvd (arse mi ar Rah am Lot rvxibi Zoning R-I- 3 Soo Awn Y9 H33i Previous case, P )L3Y Pq"rc�l Present Use Of Site EVANGELIGl FREE CHURCH sae aeolied for name _ Project size (9r0ee acres) 2.5 a Project density Basaltic water Source l(aleur Vslleq Ware' Company/District _ Method of Sewage disposal City Sewer Sanitation District _ Grading of Lots by Applicant] yea— No — (A" man eery RmiM mule, m site plan cr tot east • APPAOPRIATS BURDENS OF PROOF RUST ACCOMP➢NP REQUEST LEGAL UH9CRIPTSON (111 ea[e Np romp[tei19 the propneada (o(/pa[eal(r( Tract: 33417 Lot 19 A division of a portion of Sec 19 TLv t s-R9W - SHY. as oar mar recorded in tfe book No. 909 page 37-39 area devoted to AtrlltlrGG 15% LmdecaPtn9/Open apace 497. Re LLdent Ll Projeet n/a and n/a Trees are')- (Xo. o(NO. o e) Proposed density (Unite a roe( Perking Required Provided Standard 11 compact 0 Handicapped 3 3 Total 75 75 C- lJ (staff use) r • 90IE(7p NUMBER(s): -- lbrrr L ST1NY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: EVANGELICAL FREE CHURCH OF OL9MOIN BAR Moak S. Hopper 3255 S. Diamond Far Blvd (same) wavesAnows Diamond Bar Ca 91765 _ (same) (999) 594-7604 ($"a) 1. A c t i o a r a 9 u a s t e d a a d p r o j e c t description Update E extend our Conditional Use Permit. 2. S¢emloca Km0fprojgm 3255 S. Diamond Bar Blvd. 3a. Pruentmeofsite: BVMGELICAL MECHURCH- • 3b. Previous use of site or mrourree: (same) 4. Please list all previous cases (f any) 0"W to this project: 5. Odta related pemniVapprovals tested. Specify we and granting ageoey. 6, Am you planning Room phase of dus project? /� x) N If I' The first building ph a ompletetl io 1983. A eemntl b,ifdlog vas comp a A t rwnp a aud3[oxium 6 clesaxooc building is plannedforthe future. Z Project Ares: Covered by structures, paving: Landscaping, open space: Tebl Area: S. Number of Roors: 2 • 9. Present zoning: 9K R-l''.S�u 10. Water and sewer service: Water Seward pleasant Public _Y _ Doe; service exist ataim? Y N i y N If yes, do purveyors have • capacity to raw demand of project Ind all other approved projeW? Y N y N If domestic water or public sewers us But available, how will these services be Residential Projects: It. Number and typo of units: IL Schools: What school distrso(s) server the property? Are existing school facilities adequate m matt project needs? YES NO If not, what provisions will be made for additional • Non-Residendal projects: 13. Distance to nearosent residential use r sensitive (school, hospital, etc) Adjacoo[ [ eelden[fel / schoolsite across astound Bar Blvd. rI 14. Number and floor area of buildings: (Poe plane) 15. Number of employees and shifts: six employees / me shift 16. Maximum employees per shift: 10 17. Operating hours: 8:00 AN - 11:00 M 18. Identify any: End products Means of disposal 19. Do project opecation[ use, store of produce hazardous substances such as oil, pesticides, chemr icals, pa adsuasive human ls? YE • S NO If yes, explain 20. Do rout operations require any pressurized tautUl YES No 0 0 21. Identify my flammable, resaive or erpbaive muerids m be locum on -site. M. WJI ddivery or Anpmmt much travel through mideotud areas to reach the nearest highway? • • •ENVIRONMEMAL INFORMATION• 1. Eaviro mental Selling -Project Site Church • a. Existing u5elswcNres b. Topography/slopes 2:1 'c, Vegetation Crass a around cover •d. Animals gophers ee. wateeWmsea Flood channel on west side of property f. Culdr9/hisurrifal resources none g. Other 2. Enviro mevtL Suring - Surrounding Arw a. Existing used swcNres(types, dandies): R-1 (enact • School Site (ewrh) / Cmmercial (vest) b. Topographylsiopas level pads c. Vegetation ..M1eg Id. Mimals done e. waterwur ea all graded none f. Culmralhismrical resources g. ONer 3. Are then any major trcea on We dim, including oak mars? wP) NO I • If yes, Wend number: 4. Will my named watercourses, surface Flow patternsarc, be maged through project development!: YE NO If yet, explain' I • Amours are not required if the area done not Manor rest undeveloped! lend. 5. O ading: WJI me project require grading? YES NO If yes, how may cubic yards? Will it be balaced on site? YES NO If not balanced, where will dirt be obtained or deposited? fi. Are there my identifiable landslides or other major geologic havrds on the property (mclud'mg uncompacmd Ml)? YES NO If yes, explain: Z Is the property located within a high fire heazA arm(hJlsides with moderamly deme vegembon)? YES 6 D'utmce N record fire am on: 1 mite 8. Noise: Exuting noise sources at site:none Noise to be generated by project: 9. Fumes: Note generated by pmjvs: none Could toxic fumes be generated? 10. What menomie¢xe vant designs � or material will be used? ecoies CERTIFICATION: 1 hereby canify that she statements furnished above ad in the attached exhibits present the data ad information required for Nis initial evaluation to the best of my ab'�y{, d ma lbe facts, slatemerm, and info pjion presence] are crve and comewe best of my bemwbbed"ge am belief,. • �- Da nawre Dace Signawre • For: • 7 • • CONDITIONAL USE PERB.IT CASE -BURDEN OF PROOF • 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 o welfare of persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment o 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. planned bar Evanee11cal Free Church has existed on the present air since I9B3. over mn they 30 v of o aetov the church has o ovided service and benefit to the community and hea net been detrimental to the use or endowment of other Properties in the area. With major activities on Sundays local traffic is not imoacted. Churches have historically •proven to function well iv local communities. B. 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. The proposed site is adequate in size as designed per the Zoning coca an site plat. C. That the proposed site is adequately served: 1. By highways or atreeta of saffiCient 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. The church is located on a mein arterial street (Diamend Bar •Blvd) with tell utilities. AFFIDAVIT OF ACCEPTANCE • Cl C • M EN0AANBOM TOt Ann Lunge Assistant Planner TRONt Denniis A�Derange, Building Official DATE[ April 12a, 1995 SUBJECT: 3255 S. Diamond Bar Blvd. ( Evangelical Free -Church) Per your request, the Building Division has reviewed the subject plans for building type issues. The following items should be noted before the plane are approved through the Architectural Design review process. 1. The submitted plane shall meet all "A" 6 "E" occupancy requirements ( i. a. zestrcoms, drinking fountains, fire alarms, etc.). • 2. Plane shall conform to State and Local Building Codes (i.e. 1991 editions of the Uniform Building Cade, Plumbing Cade, Mechanical Code, and 1990 edition of the National Electrical Code) as well as the state Energy code. J. Plans shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C". a. All new handicapped parking shall comply to new State Handicapped Accessible Regulations. Show compliance for van parking. 5. Me access doors shall be clearly marked with symbols. 6. Ramps shall be handicapped accessible. Please contact me if you should have any questions. DAT:fdl 40 • MEMORANDUM City of Diamond Bar To: Ann Lungo Hon: Mike Myers Ylc George Wentz, City Engineer Dni Apn125, 1995 Subject Preliminary Development Review, CUP 95-1 (Evangelical Free Church) 3255 Diamond Bar Boulevard It is my understanding that the applicant proposes to modify its present CUP to delete any previously proposed construction (proposed classrooms shown on sheet 11 on that knoll at the northerly portion of the project and construct, along with previously proposed main sanctuary, the necessary • parking generally shown in darker shading on sheet 2. That parking shown with lighter shading on sheet 2 in the area of the knoll is not proposed to be constructed and is not to be considered for this CUP. The applicant has indicated that no grading is expected. However, even very minimal excavations and fills (which are necessary around the building and in the area of the expanded parking) are likely to require an amount of earthwork that exceeds the minimum requirements that necessitate a grading permit. The applicant should be required, in connection with a building permit, to make application for a grading permit to include submittal of grading plans, prepared by a Civil Engineer, to the City Engineer for approval. At the request of the Church, the City Council recently approved temporary limited time (Sunday only) parking on Diamond Bar Boulevard. This . request for modification of the CUP should specifically include the requirement that any new construction, including temporary classrooms, shall provide, at a minimum, the code required number of parking spaces • on -site. 0 • Preliminary Development Review, CUP 95-1 April25, 1995 3255 Diamond Bar Boulevard (Evangelical Free Church) Page 2 The proposed parking lot design now provides for "dead end" drive aisles that are over 200' long. The applicant should be required, in connection with a building permit, to provided a site plan which details the aisle terminus, as necessary, to provide adequate vehicular turn around to the satisfaction of the City Engineer. Also, the Fire Department may require such turn around to be suitable for fire apparatus and may require the posting of aisles as "Fire Lane No Parking ". Two way drive aisle width (for proposed parking) shall be a minimum of 26' (not 25' as shown) with a standard parking bay depth of 18' (not 17' as shown) for the 906 parking stalls proposed. All parking and drive aisles areas shall be paved. Is \_, ATTACHMENT "A" • CUP 1634-1 EVANGELICAL FAIR CHURCH OF DIAMOND BAR 1. TREE PRESERVATION PLAN The purpose of this condition is to protect certain trees a identified on Exhibit "A" entitled ^Tree Preservation Plan" 1n order to preserve and maintain the scenic beauty of this site. All trees within thirty-five fact (351)of the property line, with circumference exceeding four feet (41) as measured forty-eight inches (48") from grade shall be preserved on the site. In the event of removal or damage of trees intended to be preserved herein, such removed or damaged trees shall be replaced by the planting of three trees., of aggregate equivalent species, size and value, for each removed or damaged tree. The aforementioned replacement trees shall be placed on the site in a location mutually selected, by the applicant and the City. All other areas to be removed or relocated shall fellow the provisions of Section 22.56.2050 of the Los Angeles County Codas pertaining to Oak Tree Permits. Trees may be removed in a • a es of emergency caused by a hazardous c dangerous condition as aresult of disease,flood, fire, wind, or lightning, as determined after visual inspection by the applicant, the City, and a licensed forester with the Department of Los Angeles County Forester and Fire Warden. This modification with regard to Tree Preservation pertains to this C.U.P. only, and shall not be effective in the future with regard to future extensions, requests for additional permits and will not preclude future removal of trees in the event of future church growth and plans for redevelopment of the church. Removal of trees n the future shall be subject to City regulations in effect at that '"Me. 2. PARKING EANAGENENT PLAN No patkigg for s e or u conducted on this property shall be provided o any neighboring residential streets. Any off -site oarking in nearby commercial areas shall be done with the express consent of owner r tenant. Parking, where legally permissible, i permitted onBrea Canyon Road. This parking management plan is not intended to replace the provisions contained in C.U.P. 1634-1 and is an addendum only. 0 Rev. 6-12-91 IUTEROFEICE M ORARDUK TO: Chapman and Planning Commissioners TROM2 Ann J. Lunge, Assistant PlannerM SUBJECT! Amendment to staff report dated April 18, 1995 for Conditional Use Permit No. 95-1 and Development Review No. 95-1 DATE: May 5, 1995 As part of the approval for this project, the applicant desires the option do develop the grassy knoll In the future if the need for the church facility's expansion becomes necessary. This option could include either the parking lot's expansion (see page 2 of Exhibit "A") or the construction of a 2,192 square foot o story classroom structure (see page 1 and page ] of Exhibit 'A". Either option, requires the removal of the knoll. As stated in the staff report, the knoll contains several large tree including two oak trees. In the event that either option occurs the applicant, pursuant to Code, ie required to protect and preserve, and/or relocate the oak trees on the site. Large trees adjacent to the property line that borders the flood channel should he preserved. Additionally, trees and shrubs should be planted adjacent to the property line that borders the residential neighborhood, thereby retaining as much of the knoll's ambiance as possible. As stated in the staff report, if construction of either option does not occur within the two year times specified in the Development Review Ordinance, staff recommends that the Commission, s a condition of approval, require the applicant apply for an Administrative Development Review application to ensure compliance with current design standards and the Commissions approval. The incorporation of either option, requires the following conditions of approval for the draft resolution: In the event that future expansion of the church facility into the knoll is needed, the applicant shall protect and preserve, and/or relocate the existing oak trees on site. Large trees, adjacent to the property line that borders the flood channel, shall be preserved. Additionally, if substantially construction of the one story classroom structure or the parking lot expansion, within the knoll, does not occur within two years of this grant's approval, the applicant shall obtain Administrative Development Review approval to ensure compliance with the City's current design guidelines and the Planning Commission's approval. • 0 RESOLUTION NO. 91-_g_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, NOT APPROVING THE REQUEST FOR TINS EXTENSION OF CONDITIONAL USE PERMIT NO. 1634-(1) FOR THE DEVELOPMENT OF CHURCH FACILITIES WITH A MULTIPURPOSE ROOM, CLASSROOMS, OFFICES, AND SANCTUARY ON A SITE LOCATED TO THE WEST OF THE INTERSECTION OF DIAMOND EAR BOULEVARD AND BREA CANYON ROAD AT 3255 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Robert S. Huff, on behalf of Diamond Bar Evangelical Free Church, 3255 South Diamond Bar Boulevard, Diamond Bar, California, has heretofore requested a time extension for Conditional Use Permit 1634-(1) as described in the title of this Resolution, hereinafter in this Resolution referred to as ^the application". (ii) On Nove¢ber 14, 1990, the Planning Commission of the City of Diamond Bar Conducted a duly noticed public hearing on the application, Continued the public hearing until February 11, 1991 and concluded said public hearing on March 11, 1991. (iii) All legal)prarequisites 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 Ear, as follows: 1 • 0 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. Based on the substantial evidence presented to this Commission during the above -referenced public hearing on November 14, 1990, continued said hearing until February 11, 1991 and concluded said hearing on March 11, 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: A. The subject property Is located at 3255 South Diamond Bar Boulevard, Diamond Bar, California. B. The surrounding properties are developed with single family residences to the north and east, with a vacant school site to the south and with a Commercial center and the Orange Freeway to the west. C. The subject property is Honed R-1 and =a use is conditionally allowed tithin this zone. D. The site is designated within the D2 Zone of the Diamond Bar Community Plan. E. The subject property is currently developed with a church consisting of a multipurpose room, classrooms and offices. Additionally, a nursery and additional classrooms are being constructed. The applicant desires to extend the time in which the phase III improvements are to be accomplished. Farther, 2 City. The lack of consensus as to the scope of this balance resulted in the applicant's request failing to obtain a majority vote to approve the requested time extension or to continue the request for further deliberation. 3. Based on the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission has failed to approve the requested time extension request. 4. This commission hereby provides notice to Diamond Bar Evangelical Free Church and Robert E. Huff that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6 S. The Planning Commission Secretary shall: a. certify to the adoption of this Resolution; and b.' Forthwith transmit a certified copy of this Resolution to £OBERT S. HUFF and DIAMOND BAR EVANGELICAL FREE CHURCH at their addresses as set forth on the application. PASSED, ADOPTED AND APPR04ED th is nth day of April, 1991. is 0 I, JAMES DEST£PANO, Secretary of the Planning Commission of the City of Diamond Bar, do hereby Certify that the foregoing Resolution was passed, adopted and approved by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning commission of the City of Diamond Bar held on the Bth day Of April, 1991, by the following vote: AYES: COMISSIONERS: Oro[he, MecBvide, Lm and Cn/Schey NOES: COMMISSIONERS: VC/Harmony ABSENT: COMIISSlONERS; None ATTEST: secretary to the Planning commission Folmomamw<.,m 0 0 RESOLUTION NO. _yLJL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIMOND BAR APPROVING, SUBJECT TO CONDITIONS, THE MODIFICATION OF CONDITIONAL USE PERMIT 1634-1 FOR THE PURPOSE OF EXTENDING THE TIME FOR DEVELOPMENT OF THE PROJECT, FOR THE PROPERTY LOCATED AT 3255 DIMOND BAR BOULEVARD OWNED BY THE EVANGELICAL FREE CHURCH DF DIMOND BAR. A. RaO C le. (i) The Evangelical Free Church of Diamond Bar was approved and granted a Conditional Use Permit in November of 1950. A condition of C.U.P. 1634-1 required that the project be fully developed within a ten year period. At the Conclusion of the ten year period, the site has net been fully developed. (ii) The Planning Commission of the City of Diamond Bar adopted its Resolution No. 91-E on April S, 1991. The commission reviewed the proposed extension request on November 19, 1990, February 11, 1991 and concluded on March 11, 1991. The Planning commission failed to achieve a majority consensus as to how best to balance the development needs of the applicant and the City. (iii) The council of the City of Diamond Ear,at a duly enticed public hearing held on May 21, 1991, heard testimony In regard to the request for a time extension and deliberated thereupon. After due deliberation, the Council determined that the time extension should be granted subject to certain reasonable conditions and directed that the grant of f approval be codified to reflect the tine extension and the reasonable contlitions. (iv) All legal requirements and preconditions recessary to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OIAMONC BAR as follows: 1. In all respects as set forth in section A, Recitals, hereinabove. 0 The Council has resolved that condition number IS of Conditional -Jae permit Case No. 1634-1 shall be modified to read: The proposals may be Constructed in three phases: but it shall consist of no more than three such construction phases and all construction phases must be Completed within fifteen (151 v Of the date of this grant," 3. The Council of the City of Diamond Bar further imposes the additional reasonable conditions related to the five year time extension provided in the modified condition number 18 hereinabove as set forth on Attachment "A" attached and hereby incorporated by reference herein. 4. The city Clerk shall certify to the adoption of this Resolution. 0 • PASSED, ADOPTED AND APPROVED this 18th day of June, 1991. Mayor I, LYNUA BURGESS, City Clerk of the City of Diamond Bar, do hereby Certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Counoil of the City of Diamond Bar held on the 18th day of June, 1991, by the following vote: AYES: COUNCIL MEMBERS: Werner, Nardella, Papen, Mayor Pro Tam Kim and Mayor Forb NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: G the O ✓a' City,of Clerk of ffie'Gty of Diamond Ear 0 • ATTAC@IENT "A" COP 1434-1 EVANGELICAL FREE CHURCH OF DIMOND BAR 1. TREE PRESERVATION PLAN The purpose of this condition is to protect certain trees identified on Exhibit "A" entitled "Tree Preservation Plan" 1n order to preserve and maintain the scenic beauty of this site. All trees within thirty-five feet (35)rof the property line, with circumference exceeding faux feet (41) as red forty-eight inches (48") from grade shall be preservedon the site. In the event of removal or damage of trees intended to be preserved herein, such removed or damaged trees shall be replaced by the planting of three trees, of aggregate equivalent species, size and value, for each removed or damaged tree. The aforementioned replacement trees shall be placed on the site in a location mutually selected, by the applicant and the City. All other trees to be removed orelocated shall follow the provisions of Section 22.56.2050 of the Los Angeles County Codes pertaining to Oak Tree Permits. Trees may be removed in camps of emergency caused by a hazardous o dangerous condition as a result of disease, flood, fire, wind, o lightning, as determined after visual inspection by the applicant the City, and a licensed forester with the Department of Los Angeles County Forester and Fire Warden. This modification with regard to Tree Preservation pertains to this C.U.P. only, and shall not be effective in the future with regard to future extensions, requests for additional permits and will not preclude future removal of trees in the event of future church growth and plans for redevelopment of the church. Removal of trees n the future shall be subject to City regulations in effect at that time. 2. BARRING MANAGEMENT PLAN No parking for services or uses conducted on this property shall be provided on any neighboring residential streets. Any off -site parking in nearby commercial a shall be done with the express w consent of o r tenant. Parking, Where legally permissible, i permitted anBrea canyon Road. This parking management plan is not intended to replace the provisions contained in C.U.P. 1634-1 and is an addendum only. Rev. 6-12-91 0 • 0 0 AGENDA ITEM RUBBER; 3 REPORT OATS: March 4, 1991 MEETING DATE: March 11, 1991 CAFE/➢ILE NUMBER: CUP 1634-(1) APPLICATION REQUEST: Extension of time to complete the de- Velopment of Church facilities. PROPERTY LOCATION: 3255 S. DiaAOnd Bar Boulevard approximately 100 feet west of Brea Canyon Road. APPLICANT/PROPERTY OMNER: DiaNOnd Bar Evangelical Free Church BACKGROUND: The First Evangelical Free Church was granted a Conditional Use Permit in 1980 to develop a church facility. The facility was to be developed in a three phase development, the third phase of which was to be start- ed within ten years. The first phase included the multi -purpose room, classrooms and offices (existing). The second phase included the nurs- ery and additional classrooms (under construction) The third phase included the main sanctuary and classrooms. Zoning: R-1-7500 General Plan Designation: Urban 2 - Low density residential Surrounding Zoning and Land Use: North and East: R-1-7500 - Single Family Residential South: B-1-10000 - Vacant School Site West: C-1, CPD - Commercial and Orange Freeway (37) The property is an irregularly shaped 2.6 acre lot The site is level except for a large natural knoll at the northeast corner. APPLICATION ANALYSIS: The applicant has proposed significant changes to the site plan that will require modifications to the existing pmo)ect. The use and opera- tions of the site will remain substantially the as Any changes to the original CUP would require that the applicantsubmit the proposal to the Planning Commission for approval. These changes include reloca- tion of two buildings, elimination of one classroom building, increase in sanctuary and parking lot a significant grading of the knoll, and an additional street access on Diamond Bar Blvd. • 0 Staff has mat with the applicant to discuss this proposal, but at this time their plane are mostly conceptual in nature. The applicant has requested a five year time extension to further develop these plans. ERPIRORB RL ASSESSREW: Categorical Exemption Class X RECOMERDATIOES: Staff recommends that the c adopt the attached resolution granting a five year time extension to the original COP and require that any changes on the project come back before the Commission for a now COP approval. ATTAC EMTB: A: Resolution 91-XX B: Original findings and conditions C: Letter of request for extension of time O: Site Plan • 0 AGENDA ITEM AUEBER: X REPORT BATE: February 13, 1991 EEETIEG BATE: February 25, 1991 CAGE/FILE NUMBER: CUP 1636-(1) APPLICATION REQUEST: Extension of time to finish the third phase of the development. PROPERTY LOCATION: 3255 S. Diamond Bar Boulevard approximately 100 feet vest of Brea Canyon Road. APPLICANT/PROPERTY OWNER: Evangelical Free Church RECOMMENDATIONS: It has Come to staff attention that the time for publication of the public hearing notification falls below the required time specifica- tion. Staff recommends that this case be continued until the March 11 meeting to meet the notification requirements. me • • EPAPI MEN I Of AEGIONPL➢LANNING 320 Wen Tuah now Iems a e43I it fla.110 Get a r December 3, 1980 Certified - Receipt Requested Evangelical Free Church of Diamond Bar 21308 Pathfinder Road Diamond Bar, California 91765 Gentlemen RE: CONDITIONAL USE PERMIT CASE NO. 1634-(1) To authorize the construction Of a church and accessory Pacilitiee including Sunday school classrooms and a day nursery ery facility. Located on the northerlyside of Diamond Bar Blvd., approximately 200 feet easterly of Brea Canyon Road. San Jose Zoned District, zone C-2 The Board of Supervisors, by its action of October 9, 1980, granted the above -described permit. Documents pertaining to this permit are enclosed. Your attention is called to the following: 1. Condition No. 1, requiring acceptance by the owner of the property of all conditions of this permit. 2. Condition No. 4, pointing out limitations of this grant; 3. That during the fifteen -day period following your receipt of this letter, the decision may be appealed to the Board of Supervisors through the office of James Mize, Executive Officer, Room 383, Hall of Administration, SIR West Temple Street, Los Angeles, California 90012. This grant will not become'effective until and unless this period has passed without an appeal. The Board of Supervisors of the County of Loe Angeles, under the provisions of the zoning Ordinance (Ordinance 1494), grants a conditional use permit to enable the following described property: Lot 19 Tract 33417, A Division of a portion of Section 29 TWP 2 S-R9W-SBM, as ,per map recorded in Book No. 909, Pages 37 to 39 inclusive. Loe Angeles County, . 0 • CONDITIONAL USE PERMIT CASE NO. 1634-(1) Page 2 To be used to authorize the construction of a church and accessory facilities includingSunday school classrooms and a day nursery facility, subject to the attached conditions numbered 1 through 27. This pe rmlt shall be null and void unless it is used prior to Novembei 25, 1981. Upon written request stating reasons why additional time to commence is needed, the commission may grant a one-year time extension. Such request must be received prior to November 25, 1981. The foregoing is the decision of the Board of Supervisors on November 25, 1980, upon adoption of the attached findings. Very truly yours, DEPARTMENT OF REEIONAL PLANNING Norman Murdoch, Planning Director 4Joh A. Schwarz Division Chief 2D ing Adm'nistration Division JRSiLBP:Crb cot Building 6 Safety; Board of Supervisors; Zoning Enforcement Co. Eng. Env. Gov. Div.; Health Dept.{ Fire Dept Jim Thayer, 25041 Mustang, Laguna Hills, CA CONDO ITIOf1AL USE PERMIT •E NO. 1634-0) • ZONING BOARD HEARING DATE: May 6, 1980 PROCEDURE BEFORE THE BOARD: One (1) person gave testimony in favor of the proposal to construct church with accessory facilities Including Sunday school classrooms and a day nursery facility. The applicant's representative informed Zoning Board that the day nursery facility would be used solely for the children of the parents attending church functions. The proposed Development will be built in three phases over a seven year period. Each phase will have adequate parking facilities. FIUDIHGS: 1. The subject property is located on the northerly side of Dimond Bar Blvd. and is approximately 200 ft. easterly of Brea Canyon Rd. 2. The site is an irregularly shaped vacant lot that contains 2.6 acres. 3. The property is Characterized by level terrain with the exteption of a large natural knoll at the northeast corner. 4. The subject property has been zoned R-1-7,590 since Sept. 8, 1951. 5. Section 208 permits churches including customary educational and social activities In Zone 8-1 with a valid conditional use permit. 6. Section 209.3 permits In Zones R-1 day nursery facilities for church related functions as an accessory use. T. The area surrounding the subject property Is developed as follows: North - Single family residences; East - Single family residences; South - Single family residences and v ant land; West - Commercial shopping centers and the orange Freeway. 8. The proposed project le compatible with both the Environmental Development Guide and the 1973 General Plan, 9. Vehicular access to the subject property Is taken from South Diamond BarBlvd., a 100 foot wide County Major Highway, 10. The Road Dept. indicated that no addltonal right-of-way nor improvements would be required at this time. 11. Based on the nature of the proposed project, South Diamond .Bar Blvd. is of sufficient width to carry the kind and quantity of traffic the church facilities ..cold generate. 12. Tire t hat. canthen et requires the 1n to Nation of three fare hydrants and the labeling ea the private driveway as[Ire lane would adequately ¢ reasonable fire protection and xDoltl j comply with Fire Department regulations. • • 4 wi PENN1f•SE AU. cue" -�iI • Page e 13. Proposed night lighting will be directed away from the residential 14. The proposed project will not Cls�upt nor adversely affect the character of the established community. 15. The proposed project site is of sufficient size to accommodate design features necessary to assure compatibility with surrounding 16. The attached conditions will serve to assure that the proposed project will operate In a consistent with the best interests of the community and with good eplanning. 17. The Negative Declaration prepared for this case complies with the California Environmental Quality Act and if the request 1s granted, there would not be a significant effect on the environment. BASED UPON THE FOREGOING, THE ZONING BOARD CONCLUDES THAT: A. Granting the proposed conditional use permit with the Condi- tions and re strictlons hereinafter mentioned will not be in substantial conflict with any general plan adopted for the area. B. The requested use at the location proposed will not adversely affect the health, peace, comfort or welfare of Pereira re- siding o working 1n the surrounding a and will not be c eriallydetrimental to the use, enjoyment, on valuation of property of other persons located in the vicinity of the site, and will not jeopardize. endanger, or otherwise c nstl- lots a menace to the public health, safety Or general welfare. C. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, land - Seeping and other development features prescribed In the Ordinance, and as 1; otherwise required In order to integrate said use with the uses in the surrounding area. D. The proposed site has adequate traffic a and said site Is adequately served by other public or private service facilities which it requires. THE ZONING BOARD RECOMMENDS: That the RPC ADOPT the Negative Declaration. That, in view of the findings of fact presented above, this CUP be GRANTED. ZONING BOARD MEMBERS CONCURRING: Chairman: Mrs. Clark Commissioner. airs. Llewellyn Debts Staff Member: Mr. Owen County Counsel: Mr. Ross VNU1'1'awu,L USE PERMIT CASE NO. 1634-(1) CONDITIONS 1. This permit shall not be effective for any purpose until a duly authorized representative of the gwner of the property involved has filed at the Office of said Regional Planning Commission his affidavit stating that he is aware of, and accepts all the condi- tions Of this permit; g. 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 conditlon hereof is violated, or If any law, statute, o ordinance is violated, the permit shall be suspended and the privi- leges granted hereunder shall lapse; provided that the applicant has been given a written notice to cease such violation and has Palled to do so for a period of thirty (30)days; 4. That all requirements Of the Zoning Ordinance 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 property Shall be developed and maintained in substantial\ aonfo rmance with the plot plan on file marked Exhibits "A", A-1", / nd „B"; 6. 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 Pssuance of a building pe unit. The landscape plan shall show size, type, and location of all plants, trees,.and water fac111tles; J. That all structures conform with the requirements of the Division of Building and Safety of the Department of County Engineer; E. That provisions be made for all natural drainage to the satisfac- tion of the county Engineer. Drainage plans and two signed grad- ing plans shall be submitted to the County Engineer, Environmental Development Division, for approval prior to grading or construction; b: That subject facility be developed and maintained in compliance with requirements of the Los Angeles County Health Department. Adequate water and sewage facilities shall be provided to the 'satisfaction of said Health Department; 10. That upon receipt of this letter, applicant shall contact the Fire Prevention Bureau of the Los Angeles County Forester and I Fire Warden to determine facilities that may be necessary to pro- tect the property from fire hazard. Water mains, fire hydrants, and fire flow shall be provided as may be required by said depart- ment; 11. The applicant shall install fire hydrants in aceordance with Fire Department regulations. All installations must meet Fire Depart- ment specifications; 4 • • NOI TIONAL USE PERMIT CASE NO. 1634-(1) CONOITIOUS Page 2 12. All private driveways shall be labeled "fire lane"; If 13. That except for the acc8ssway, a masonry wall 30 to 42 inches in height shall be constructed along the frontage of Subject property next to the parking areas not nearer than 5 feet from the property line; 14. Thatunless this grant 1s used within a year from the date of Regional Planning Comm'xa:en approval, the grant will expire. (A one-year time extension may be requested prior to such expiration date.); 15. Parking on the subject property shall be provided at a ratio of e (1) parking apace for each five (5) fixed seats of the largest assembly area; if the property Is developed in phases, the multi- , purpose room of Phase I shall constitute the largest assembly area,,. and when all three (3) phases are completed, the sanctuary shall constitute the largest assembly area; 16. Parking on the subject property shall be developed 1n accordance with Sections 703.21 and 703.23; ll. This grant permits a freestanding sign as depicted on the plot plan marked Exhibit "A"; 13. The proposed development may be developed In no more then three /Oyll phases within a seven year period; . 19. If developed in phases, the proposed development shall adhere to ItJe bd the following completion dates. Phase 1 shall be completed within 18 months; Phase II shall completed within 3 years; and, Phase III shall be completed within ) years; - 20. Upon successful completion of each phase, the remaining undeveloped land shall be maintained in a neat and orderly condition, at_all times, 21, Each phase shall be fully completed before the start of the next phase; 22. This grant does not per -it a day nursery facility as a principal use; 23. This grant permits a day nursery facility as an accessory use incidental to church functions; 24. This grant does not permit a spire or tower; - 25. Adequate parking for each phase shall be provided as enumerated 1n Condition No. 16; ,r • • Page 3 4426. No construction shall be permitted after the seven year period < �ebke Indicated In Conditions No. =6 a}id _19_ .� Night activities may be pe rmltted to not more than twice a week and to not later than 10:00 p.m.; \2g) Night lighting, if U6etl, shall be shielded Nir so arranged Y \J NiCo pre- vent glare or dlieet illumination In anyny residential Or agriculture 29, During construction, the applicant and/or developer shall excerclse all means available to prevent the emission Of dust onto neighboring property. In the event that the 'construction Of any part of this facility should result in substantial complaints to the Department of Regional Planning, or the Regional Planning Commission, the applicant shall cease all operations until the Planning Director determines that all dust control measures have been met with. ATTACNNENT was COT 26s6-1 BVANOEEICAb TREE CHURCH OF DIAMOND BAR 1. TAME PRESERVATION PLAN The purpose of this condition is to protect certain trees as identified on Exhibit "A" entitled "Tree preservation Plan" in order to preserve and maintain the scenic beauty of this site. In the event of removal or damage of trees intended to be preserved herein, such removed or damaged trees shall be replaced by the planting of three trees, of aggregate equivalent species, size and value, for each removed Or damaged tree. The aforementioned replacement trees shall be placed on the site in location mutually selected, by the applicant and the City. All trees within thirty- five feet (351) of the property line, with a circumference exceeding four feet (4') as measured forty-eight inches (68e) from grade Shell be preserved on the site. All other trees to be removed or relocated shall follow the provisions of Section 22.56.2050 of the Lea Angeles County Codes pertaining to Oak Tree Permits. This modification with regard to Tree preservation pertains to this C.V.P. only, and shell nut be eIleotiVe in the future with regard to future extensions, requeate for additional permits and will not preclude future removal of Costs in the event of future church growth and plena for redevelopment of the church. Removal of trees in the future shall be subject to City regulations in effect at that time. E. VaRAINO MANAGEMENT PLAN me parking for services or uses conducted on this property shall be provided on any neighboring residential streets. Any off -site parking in nearby commercial areas shell be Cone With the express consent of owner or tenant. Parking, where legally permissible, is permitted on eras canyon Road. This parking management plan is not intended to replace the provisions contained in C.U.P. 1634-1 and in an addendum only. , Rev. 6-12-91 STATE OF CALIFORNIA County of Los Angeles waa citizen of the Pollan GAS 'aNa resonant ne county afonuW I am over Ins ape or from. , eM set a re to lmv..Ya In the an.nave pure Me maid.l AM Ins oomph Clark of He pinto of BAN G"NEL VALLEY TASI E, a mwsppar of Mason alrouarlm Sel and pupEMep daily a the Cry of War Cookie. County Of LOS Angeles, AM wnbn mSOMISMr has been aplWped a newspaper of general araulaxon by the Superior Cron of the County of LOS Angeles, side. of Conformer An the data Of S.mmbn Io, lent. Cade Number of worth Lee annexed b A bur printed away, has been WbNNea AT each agrees no en0e leave of said inewspapar and not In any suppeam°nt thereat en the f°IbwNp data$, to wet. 4/14/95 tender naxr Of poWy test Me foregoing Potrue and Loren. ExauNd at West Covina, LA Co. Cava the dry Of SPIRIT, l2l 9pne me space below for use at County Clerk only) SAN GABRIEL VALLEY TRIBUNE 12 10 N. Azusa Canyon Road West Covina. CA 91790 PROOF OF PUBLICATION (20 1ss C.C.RJ e dos o all ublk.xdn Or 6,4'� «amt eh9i daagm r . I: or arsonled Mm to Ad Don Csplmll m� Can a it lw mSl " 11 A intent to attend cmdu�l use Britoil No ISM (I) I A earth) Mason" A III 'e I reouwam�iLas made: 11 MY III I nIs I nice :.rN�O amwrL of°Is nCOoxn .:If t cc the 11, x. LKWISE ME S. Ret . I n Bar elila Arm Charlie of Diamond ro CA also Environmental AS Mani to the Or t'11 on tlp11111Y Alt 11 Syrian, addIIaIMr.'� o'arnl'n:lr `['TMluni.,smnInpmm It War Me °aal Boosting he INS W� near menl at the ano DCOT`m°d°L;oPlndo.�°.e4awf °6n :" a&fIea MNn`gIn day. You meMma €.0 a. l l PARING: MaNy.INV N we df«ua i'ocATiod1 Liamn coast ale Quality w Melvin DIQAmY Ko Ifnllbmle NIN W! NLTIQIaLS Are eI for rever, p A at the Cam SIMO v� �eveloomeol M O�wem Ui11W I" Clear Y IIS l °�I PiINS rro PROOF OF PUBLICATION (2015.5 C.C.P.) STATE nttyof CALIFORNIA,ls Nancy Paisley dohereby hem ovedeclare that eighteen a cluzen of the United states; 9 years, and not a party to or interested In the below -entitled matter. I am the legal Advertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A newsy y r of general circulation, published daily in the Cityy of aPo County of Los Angeles, 5tate of CalttM a and which has been acluva a payer f general lcirculation by the Superior Court of the County f Los Angeles, State of California, under one date of June 15, 1945, Decree No. PomO C-606; that the notice, of smaller, �Mennneon�alell), printed ublkhee tin seam regular and entire Psue of said newspaper and not in any supplement thereof on the following dates, to wit: April 14, 1995 1 declare under penalty of perjury that the foregoing Is true and correct. Dated: April 14,1995 Si Ime Proof of Publication of CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING 96.a.a a 6g o City NOTICE IOF PUBLIC IMARING0 TO: P:nPM Drvme mlEm. SN(ed Mw NxLlxl xh. PROM: City aFDiewalBv. Ple®w(Cammieewo N CEIEREREEY GI .ieneuJ m 9mm Wx.dal.pblc6 nog wi116i bO by See Mw, mml Ib®wpA rgx4 ehJl he eRavvM m1u Ib Fr eonm M4tln hrWJx City MDlmmigv DwNnlmeY C,aem,(omm: DAISANDT OFIMARMG: lYaCq, OtldwI2,1999,]:00PM.Ixx�dmxMxm nenxmub.uml PLACE OF WARMG: 901ME COAM AM QUA]M MANAG@AttVi DI52RICI A,,imri:m 21M3 E. Cgdry DAM Dimr+i too, CA 9170 $I1QIF.CT: Co:mtippWl ePirmu No.9 1a)rvmY®¢ No. NMM Peml No. 99-2 MUErr: CmNe,,,l Um Pe:m91b. 95-ID)r V.iame No.9 ,,, Pormt No. 99,3(i rmam to Colo Seaton U.58, Y(.5< W 22.3Q u a requW b roviee arymval CmGmuJ Vx Pe,mi: No. 95�1 b W rlyrotumltly X Parltipg alelle. The Vwrcorq:m[ u m Jbw cMucliw w IbprYmg Wlldvamimr m mtlmbbmmieletl aL61b ongmal.rymovJ. Tee irte Po,mil u s rtrymr b,amwvd rtPlsa (pp pI: Veea. 'Dp nk rrr'remrY n be la rM rtquM lm ebliliuel phiog eW4. PROPERTY ADDN+F5:3U5 9. DuonM 9m DaJwutl [[m 3361], Lx I9), Dia¢wf Bm. U 91]65 PRWERTY ONTTE/APPIICANf: FveryYiN Frte Churt8. 3155 S Dwad Bu gmbvW. DemaNDv, CA 91]65 ENYMONMEM.U. DEPERMMATION: Pwxmtb NepmnaimaMWe Callfmme Envugm2nlel QvYiN Ap (CEQA). tl:e City prcpxetleM Woplai Negetuepsleretm No. 95-1 (a U<epporni CmdmmW Ux Pe,mil Na 95-1. Pum:mlb CEQA Sxtm ISIH. eeonam:mlm ehpW Nexb<MJsrgimNo.95-1 huhm prq®N hr0emiem. mnur Txm�mr'areriewpviMEapim SyIm:M 21, 1999 mNm1e bu�l0,IW9. - MEWhN m'. Sm GJmel Valley irkam: SelleMv 21, 1999 Ioleot VdbY➢eilY &Nxio: Segembr 2l, IW9 If Ym are une,6 to.v el we Wttic Exrmg, bu wash m rmtl wriueo courme. Vluo mil® to rb City M xt am Pv Comm:oitl W ➢woblmw Servieo Daprmmr/PDouiog Diruiee to S e xWur give hYow. to prevmv ux muo-iW or for Anion ioformyioo reruns Mjec1 pkevorveun IN P4miog D'nviootl (� 39SST6. 0 nebing 0* wWo®epism,,;ism,,;mtiymmmd Po,exam m.sme Lrtirated nYq'olEee YPmnhREde h itclambered!w ws, or o ,,ittmmdYivered ble plemiog Committim W,or pm b. WePeltierier wariog AREAM l NwioM 9WjvY site CASEp W., 9tNSu rvN.Nafa ar Da Mwem the hun aft r.m. / mi 3 p.m.. Y Ib City of OwroM Do D21W C of Cmmemiry owl fir. Devabfgml gmvvm.Poring Divisiov. E16M CogoY Dr.. Ste. IW. Dumm1 &r, CA 91N5 City of Diamond Bar, 21660 & Copley Drive, SORe 190, Diamond Bar, CA 91765 (909) 3965676 TO: Property, (occurs within aStay fast Miss of afject¢ib FROM: City of Diamond Bar, Community Development Department N0TILR 6HEBFBY GSVEN, pumunr b eb) SW thvtagir rt and" the of the DirsbaorCar Cary ryfbvdcp¢ms bdwemce van Coll or not WenbjM ao-rym(¢) ebJ14 rypacvai soda Poe paovidovssl64b Lw and Nu City of DismalBy igpivg Carle u follows DATEANDTIAEOFNEARING: Montlay, May 8, 1995 a 7:0 Pdf, PLACE OF REARING: Snub Cost Au Cwlity Mwgemeet Dinner Artiwnum 2180 B. CoPhy Do,,, Cann o But, CA 91165 SUBJECT: Cw6itboal Um Permit No.95-I and Development Review No. 95-1 REQUEST: Cummerbund Can Permit No. 95-I (pnmuot to Code Suction 22.20.I00 and Mot, Pan 1) u e rattan w ameo6 Conditions! Use Permit No, 1634(1) on coast W eppmve We combination of a two awry euucave wild a collar urban for a convert, vent, Chancrous, Menge men, and Ntcbm, Adduonmly. use usta:at include, tun temporary standout uvit¢ uBuud for clesswme unto the pmpnai ry a omyr notionu complNe. Development Review No. 951(pursam b Cale Sxti®22.]2.02A is sorption b ensure Eat a, pralines] pupeat can iu scar all applimblewul It Banalities, Accounts, and canna . n4 prot ¢ib pas bralopd area an eualiog church facility. AYPL[CANfIOWNF.R: Evangelical I=Churth of Divmud Bea 3255 S. ➢iati Bar HIM., Earned Bar, CA 91765. PROPERTY ADDRESS: MS S. Dlammtl Bar Blvd. ENV@0MI6NTAL DETERMINATION: Pursuant to the provisions of foe California Eovuoomerea! Quality Act (CEQA), We City her contract our Ban p jis requires a begaaive Dealamlion. AREA MAP: W Noon Subject Siw (not to scale) Publieved or Son Gubnil VOIcy Tetanus: April 14, 1995 bJamd Va@y Daly Buthuin: ApN 14, 1995 If you ve uo6lb b unmd foe public haring, but wish to card cream ormaxi pleem crib w Bar Ciry, of Diamond Bar Community Dmlopovur Depnmmt at We Address ®vm Wow. To preview aea mawnals or for NMer wfmmtiw no Wit eubjat plat, variant foe Community Develop°i Dpanm®t in (91N) 396-5626. U you ehellenge this application end project in trust, you may be honest to raising only Wore issues you or mor cone elan rated at the public herring dmnihed in ak notion, or in ivrit(m correspondence delivered to the Orram pity Dmeopment Director at, or prior to, the public haring. CASE MATERIALS are available for review betwwn foe hour, of 8 a.m. and 3 p.m., at the Community Devdopmmt JEVL., 216W Copley Dc, Sir. ISO, Donato Bar, CA 91265, IV CITY OF DIAMOND BAR AMENDMENT to NEGATIVE DECLARATION NO. 95-1 for CONDITIONAL USE PEINIIT NO. 95-1(1) VARIANCE NO. 99-8 Am TREE PE1tMIT NO. 99-2 Evangelical Free Church 3255 South Diamond Bar Boulevard DIAMOND EAR, COUTTY OF LOS ANGELES, CA 91965 Povvovmmlal Finding ]Ntlal Study (Envimnmmtal Inf ation and EnvvovmmGl CbeoDi,q Septembet20,1999 Approved Oetoba 12, 1999 Planing Commission Resolution No. 99-23 CITY OF DIAMOND BAR AMENDMENT to NEGATIVE DECLARATION 95-1 Project Description and Location CITY OF DIAMOND ¢s�'k:8 m i�m�n ii.ui FOR INMAL STUDY Punctual to Galdelmes for California Envlromoutal Quality Act §15M3 (t). this f mr. sloag wild the Enviromm anal Information Form completed by the applicant, meets the ruptivemems for an Initial Shady. This form is comprised of five parts: Par Background Part 2 Summary of EUJno®entsl Factors Potentially Affected Put Deurnumm Part 4 Evaluation of Environmental Impacts Put 5 Discussion of Environmental Impacts PARTI-BACKGROUND I. Cityproject Number: Conamotal Use Permit No.95-t(Warlame No. W-8/Trae Petmh No.W-2 2. project Addmse/Lonuast: 32M South Duman Bar Bonlevard (Tract No. 33419 Lot 19) Diamond Bar CA 91765 3. Date of Environmental Information Ports submittal: September 9, 1999 4. Applicant: Evap¢elical Froe Chum Address: 3255 Soudr Dlamornt Bar Boulevard City/State: Diamond Bar CA 91965 5, Property Cw w Evangelical Free Church Address: 3255 Smth Diamond Bar Boulevard Chy/Stare/Zip: Diamond Bar, CA 9170 Phone: fiat 594A6M Fax N/A 6. Lead Agency: CiN of Diunona Bar Contact Am J. Lmgu Associate Flamer Address: 216W E Copley Drive Suite 190 City/Shneb2ip: Diamond liar. CA 91765 Phone: (9(Y9)396-5676 Pav (")8613117 9. General Plan Designation: tuw-Medium Residential - UM (max. 5 du/acre) 8. Zoning', Low -Medium Residential MM) 9. Description of Project (Describe the whole action involved, including but not limited to later phases of the project, atM any secondary, support, or off sve features necessary for its implemenmtion. Attach additional shects if necessary). This doement is an pmendmeut to Negative Declaration No. 95-1 related to a pro ec[ mprovW by the Plmuwg Commission on Mav 2 . 1995. The amemment is vecessary due to the applica tt's request to revise the apperuvol project. The original mproyal allows Conditional Use Perna) No. 95-1 (1) is a request to revise the number of parking sells. The request if approved will cause the addition of approximately 34 parking, souls at the properlyrear. As a result lye Dro cct site wW contain 110 pmkhpg stalk. On November 3, 1998, lye City adopted its Developmem Cade that became effective on December 3, 1998. The new Cade chmees the required dimensbas of parking sWls. In order m be vsktem with the original approval the procession of Variance No. 99-8 is required for deviating from the Code presmikerl parking sell dispersion. In order to add 36 parking stalls h is likely, according m the Mlocetion four Coast live Oak bees will be removes ami one Calikmla Pepper tree was destroyed while pmparing the site for the Phase III. Pursuant to the Cirv's Develonmeut Code an Oak bee and California Pepper bee removed shall be rWlaced at a 3:1 ratio minimum 2A-inch box and locates on site when feasible. U it is not tensible to locate all oak trees on sift, It is possible to online an off site location or monetarily contribute an the City's Tree Replacement Fund. Hence, one revuirement for Tree Permit No. 99-2. 10. Sufrotading Land Uses and Setting. Briefly describe the proje t'.s surroundings: To tine morth and east of the project site is me Low-Mednim Residential (RLM) Zone. gout of the project site and on the south side of Diamond Bar Bwlevard is Ne Low Density Residential (RL) Zone than lnemppmts "Site D' winch is owned by the Walnut Valley Unified School District. To the west is tine Neighborhood Commercial CCPD/61 Zonewhich contains commercial/retail strip malls. 11. Other public agencies whose approval is required (e.g., permits, financing approval, or muticipanou agreement.): No other public agency approvals are Rquned. 12. List City of Diamond Bar related applications for this project that must be processed simulmnecusly: Conditional Use Permit No. 95-1(1), Vmiat¢ No. 994, and Tree Permit No, 99-2 13. List prior projects for Ws parcel: Conditional Use Permit No. 1634-1 l rmesseN by Its Angeles County on order build this clutch facility to ohasa= Conditional U.se Permit No. 95-1 arad Developmem Review No. 95-1 processed by the City of Diamond Bar to amend We County's oriental approval and install two pmmorary modular classrooms. P m a N r .k �: B I I Y o\•................... ` �b .t` ,�` .. CITY OF DIAMOND BAR AMENDMENT to NEGATIVE DECLARATION 95-1 Initial Study (Environmental Information and Environmental Checklist) PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The envvovmenml factors checked below would be potentially affected by this project, involving at least one impact chat is a "Potentially Significant bnpacl" as indicated by the checklist on the following pages. t. Lind Use and Planning 9. hazards _ 2. Population and Housing _ _ 10. House _ 3. Geologic Problems It. Public Services _ 4. Water _ 12. Utilities & Service Systems 5. Air Quality _ 13. Aesthetic _ 6. TmrupmvmmJ Circulation 14. Charm Resources _ ]. Riological Resources _ 15. Recreation _ 8. Energy & Mineral _ 16. Mandamry Fiodings Resources _ of Significance _ 0 PART 3-DETERMINATION Pm]ect Number: COP 95-1OpVAR 99-8/TP94-2 To be completed by Lead Agency On the basis of this hif ial evaluation: I find that the proposed project revision COLMD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the errvuonmem, there will not be signfica st effect in thie cacao because the MITIGATION MEASLRILS deeribeel on an attached sheet have been added to be proper. A NEGATIVE DECLARATION will he prepared. I and that the proposed project MAY have significant offset on the a rviroument, and sn ENVIRONMENTAL U,WACT REPORT is required. 15nd that the proposed project MAY have a sigNfleaat effects) on the eavironmem, but at lesat e effect 1) has been adequately analyzes in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier amlysis as described on atached shorts, if the effect is a "potentially significant impri OR "potentially .significant unless mitigated." An ENVIRONh6 AL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I ford that although the peopcsrd project could have elgnifieaat effect on the eavhonmen[, there WILL NOT be a significant effect m this use because all potentially significant effects (a) have been analyzed adesp ately in an earlier EIR pursuant to applicable standards and by have been avoided or mitigated pursuant to Nat earlier P.1R, including revesions or mitigation measures that are imposed upon the proposed project. Z z�' September 20, 1"9 igna Data ENVIRONMENTAL ISSUES Pmeotiauy Sigar am Ponually form Less Two Sigai! Mitigation Siguilicaol No list t Impact NcoRarebi Mpact d- l,apdslides? Source its: oeveral Plan, p. W-3, Fig. IV-1; MEA, p. B-B-3, Fig, B- B-2; State of Califomia Seismic _ _ _ X Hazard Zones, 8/17198; Soils Report-2/15/99-All West Qeoscience Inc: e. Substantial sell erosion or Ne loss of top soil? Source #s: General Plan, P. IV-3, % Fig. W 1; Project applicazion/plans; Soils Report-2115/99-All West tiers cience Inc.; A geologic unit or soil Nat is or would become unstable an a result of the in on o and porenlide, result in ea in off -site landslsubsistence, 1, leral spreading, X subsidence, liquefaction or collapse? Saarcc #s: MEA, p. U-Re-16; Praj«t applicutioaplSoils Report - 2I15/99 Wes -All West Geasaience; g. Expansive act, as defined in Table 18-1-B of Ne Uniform Building Code (1M), creating substantial risks to life or property? _ X Sumu its: MEA, p. 11-13-16; Project appilcation/pleos; Soils Report- Vt5199-All West Oeoseience Inc, 3 'DROLOGY AND WATER QUALITY. Would the project result n< a. Changes in absorption rates, drainage patterns, or the rate and amount ofamfece norm. Source,9s: City of Diamond Bar _ — X — Pabb[WorkslEirgr eying Dream, Soils Report-2Q5199 —All West G cieaceMe.; b. Exposure of people or property to water related hezvds such as flooding? X Source Ns: General Plan, p. IV-4 — — — Fig. IV 2; Pema Flood Panel No- 0650430999 B, Zone C, IMIN e. Substantially after the existing drainage percent of the site or area, including through the alteration of the worse of a mean or river, in a manner which would result in X substantial erosion or siltation on- or off -site? Source ks. MEA, p. B-C-3, & 4, Fig. 11-C-1; Project applicatioN Flow; f. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the worse of a stream or river, or substantially increase the rate or punt of surface runoff in a X which would result in flooding on or off -site? Source Ns: MEA, p.11C-3, 4. Fig. R-C- I; Project application floor; g. Create or combine runoff water X which would exceed the capacity of drainage systems or provide substantial additional sources of polluted runolP swuce ks: City of Diamond Bar Public Worinc Engmening Division; Project appliwtiomplaos; r. Slrbmirmal reduction in the amount of grouMwalex otherwise available for public water supplies? _ _ A Source Ns: MEA. p. H-P-3-8 ; project application plans; a- Conflict with or obswot her implcmentatlon of the applicable air quart) plan? _ _ X Source As'. SCAQMD Air Quality Handbook; c. Result in a cumulatively considerable net increase of my crimson pollutant for which the Project region is non anointment under an applicable federal or some ambient air quality standard (including releasing emissions. X which exceed quantitative thresholds fox creature precursors)? Source ds: SCAQMD Air Quality Handbook; Project applicationlpla es; ISSUES rommmnr sismevoL FCNNaI!y rs, ao Lau Do, Sipulran Miiienian sipaM,,W No 1,M, Russ Imp,, a, M inereaw In vehicle trips which Is substantial in relation to he eximn traffic load and capacity of the street system Q e. reeuit in substantial increase in either to number of — _ — x vehicle trips, the volume to capacity ratio on roads, or congestion at romentionc) Source #s: Project application/plans; b. Substan sally increase haysrds due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm x equipment)? — — — Source #s: City's Public WorkslEagiaeering Division; protect appliratioNplars c. Inadequate emergency access? Source #s: Multilemod Functional Plan, City of x Diamond Bar, IW2; General Plan, p. V-1; — — — — Projectapplicatimplans d- ruadequme parking capacity on -site? Source #s: City of Diamond Bar Development x Code, Title 22, p, W-91 et sal.; project applostimplans; e. Exceeding, oiler Individually or cumulatively, a level of service standard established by le county congestion maaagornam agency for designated roads rod highways? Source #s City's Public Wor'kslEvglneedng - - - x Division; Ordiumce No. 01 (1993) Congestion Management Plan; 9 r. eonttmt wee anuptea policies, peace, or programs supporting alternative transportation transportation (e.g. bus ouraouts, bicycle racks)? Source Rs. General Plan, I. V-22: Ordinance No. 01(1993) Coeducation Management Plan g. Choose in rail, water, or an vaffec patterns, including either an Increase in traffic levels or a discuss In location that results in substantial safety risk? _ _ _ x Source Ns; MEA, p. II-T-36; project app icatiodplais; BIOLOGICAL RESOURCES project Would the t result in. a- Substantial adverse effect, shier directly or through habitat modifications, on any species identified as a cantlidam, sensitive, or specul slates Species in local or regional pin, policies, or regulations, or by tee California Department of Fish and Game or U.S. Fish and Wildlife x Services? Source As: MEA, p. R-D-1-8; General Plan, p. 11I-11; project applicatiodplans; arborist report prepared by Pilkermn Consultants. Inc. dated 9113/99; site visit; A conflict wild any local policies or radiances protecting biological resources, suob as a free Preservation policy or rrdInoocel Source gs: MEA, p. II-D-140; General Plan, p. X III-11; City of Diamond Bar Development Code, Title 22, p. I11-149-I50; arborist report prepared by PBkerdon Complains, Inc. dated 9/13/99; site visit; d. Conflict w1N tee provisions of an adopted Habitat Conservation Plan, Natural Conuouniry Conservation Plan, or other appmvod local, _ _ regional or sate habitat conservation plan? 10 M6A, p. H-0-1-8; City of Desmond Bar Development Code, Title 22, p. IH-149-150; arbonst report prepared by Pilkerton Consultant, Inc. dated 9/13/99; site visit; e. Sabsanhal interference wait the movement of any native resident or migratory fish or wildlife species or wit established native resident or migratory wildlife corridors, or Impedes to use of native wildlife nursery sitca? Source as: MBA, p. H-D-1-8 & 18 f. Have a substantial adverse effect on federally protected wdaude as deMd by Section 404 of to Clem Water Act (including, but not limited to, marsh venal pool, tetanal, etc.) though direct removal, filling, hydrology, inrermptioa, or other means? Source#s: General Plan, Strategies 1.1.13 (IH- I t), 1.2.1, 12.2, 1.2.3, At 1.4.5 dlII-11 & 12); a. Have a substantial adverse affect on a scenic visa or damage scenic resources, including, but not handed to, been, rock outcroppings, no hnMrLc buildings within a state scenic highway? Source #s: General Plan, P. 111-10; arbarist report prepared by Pdkeman Consultants, Inc. dated 9/13/99; site visit; b. Substantially degrade the existing visual character or quality of the site and to surroundings? Source #s: General Plan, Is 11I-10; City of Diamond Bar's Development Code, p. 111-2Q City Design Guidelines, pages 32 then 39; C. Crean a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: City of Diamond Bar's Development x -I appucation/plars: a. Does the project have the potential to degrade the quality of the environment, substav4ially reduce the habitat of a fish or wildlife species, cause a fish or wildlife populations to drop below self-sustaining levels, threaten to x eliminate a plant or animal community, reduce the number or restrict the rage of a rate or endangered plat or aimal or eliminate important examples of the major periods of California history or pre battery? b. Does the project have the Natural to achieve short -tam, to the disadvantage of long-tnma, emorormental goals? C. Does the project have impacts that are Individually Halted, but ruminatively considerable? ("Cumulatively considerable" means that the incremental effects of a project x we considerable when viewed m correction with the effects of past projects, the effects of other current projects, and the affects of probable future projects) d. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? % 12 CITY OF DIAMOND BAR AMENDMENT to NEGATIVE DECLARATION 95-1 Environmental Finding PART 5 - DISCUSSION OF ENVIRONMENT Discussions within each section may be grouped_ 3. GEOLOGICAL PROBLEMS d. [btu g. The project request, as proposed, consists of cutting Into be knoll requiring 5,250 cubic yards of cut grading with approximately 30 cable yards of fill and approximately 20 cubic yards of shrinkage. The project site It developed with a church facility. The church facility is currently rerunning a maw sanctuary. The application request is to add approximately 34 additional pmkwg stops to be required 76 parking walla hence be proposed eubwork. As soils report has been prepared and approved for the current construction. Before, the issuance of aw permits for the tentative of additional parking stalls, the applicant is lectured an update and re-evaluation the sods report addressing the application request The upsti will requires the City's review and approval. The applicant will be required to comply with be appropriate recommendations within be update. As deemed appropriate by be City Engineer, erosion central will be utilized. 4. HYDROLOGY AND WATER a., b., e., f. The addition of 34 parking stall and approximately It," square feet of black top will reduce pervious surfaces. The project site has an approval drainage pin. The applicant will be required cc update the drainage plan Incorporating be additional parking stalls. The drainage plan will be review and approved by the City before the issuance of any City permits. The project site is not is a Rood hazard area. A Dead control chmuel exists adjacent to the project site. Purchase to the City's public Works Division, it is not anticipated bat be addition of 34 parking stop wlll exposed people or property to wafer related flood hazards. There is no body of surface water on, or in the vicinity of the project site. Therefore, no hnpacm related to surface water features, quality or flow will affect be project site or off -site areas. Additionally, it Is not anticipated that the addition of 34 parking smlls will wiletantally alter the existing drainage pattern of be site, or area, including through be aieration of be course of a stream or river, or substantially ineresse be ram or amnum of surface mnoff in a consist, which would result in flooding on- or off - site. 5. AIR QUALITY a., c. Pursuant to the South Coast Air Quality Management District's Air Quality Handbook, 'fable A9-9 Estimating PMIO Emissions From Fugitive Dust, grading one acre will create 26 4 pounds per date of fugitive dust. The mawnum allowed per day is ISO pounds. The addition of 34 parking salls Is approximately I1,4W square feet less roan a quaver of an acre. Therefore, toe application request will not impact the PM IO emissions. 6. TRANSPORTATION/CIRCULATION a. thin g The proposed request is to add approximately 34 parmag stalls to an approved project under constitution, It is not anticipated that the additional parking stalls will increase vehicle trips, which would M subsrantlal in relation to the existing traffic load and streer system capacity. The original project approval based die required number of parking stalls on building occupancy. The building occupancy is rim increased by the applicant's proµrval of 34 additional parking stalls. The request is due to the church's desire to provide additional on site parking and not due to enlarging the approved buildings' occupancy, Currently, street parking is allowed on Diamond Bar Boulevard as described on page 2, Item Number 9 - Description of the Project It is antzipatnd that the additional parking stalls will alleviate the need for street parking. The projecr, as a whale, does not meet the applicability requirement for compliance with the City's Trip Reduction and Travel Demand Measures. Furthermore, when containing we land we and type of project proposed, it is not mila past that a change in rah, water or air traffic patterns will arecur reaching Is substantial safety risk. The City's Public Works/Engmeeriag Division has reviewed the additional parking stalls' design. The Ins Angeles County Fire Department has reviewed die whole project. The project complies with the Fite Department's standards and will continue to comply with such standards. Furthermore, the request for additionally parking stalls located in the rear of the project site will not affect access pages; or hinder on -site traffic circulation. 14 y. BIOLOGICAL RESOURCES a. Nru f The project sire is currently development wIN a church mcnity That was approved by Los Angeles County Regional Planning in November 1980. The approval allowed the church facility to be carainned in Nree phases. Currently, the third phase is being consw led. The project she is within an urbanized area surrounded by commnrdallretail and residential developmenL Asa reach, it is not anticipated that a substantial adverse effect will occur on airy identified sensitive or special seams species is a local or regional plan, or by the Calfomia Deparmeot of Fish and Game or U.S. Fish and Wildlife Services. The project site is not considered as a migratory wildlife corridor. Therefore, it N not anticipated that the proposed project revision will substantially interfere with the movement of any native resident or migratory fish orwildlife species or with established native resident o migratory wildlife corridor, or Impede the age of native wildlife nursery, sites. The project gne is not located within a federally protected wetlands. Considering the project location, it is not anficipared that proposed project revision will have a substantial effect on federally pro raded wetlands as defined by Seddon 404 of the Clean Water Am. The City of Diamond Bar's Development Code requires the preservation and maintemnce of native trees featuring oak, walnut, sycamore, willow and naturalized California Pepper. Said species with a character at breast height (DER) of eight inches or greater is protdz by Code. The request for approximardy 36 additional parking spaces will expand the approved parking lot into a knoll located withn the rear of the project site. According to the project application and arborist report, the knell where the parking lot expansion is proposed contains fan Coast Live Oak toms with DBH W approximately 11, 12.25, 15. and 22 inches and one Ghfornia Pepper nee appoximatety 12 inches at DBH. The applicant proposes to remove the four Coast Live Oak trees and does not reference the California Pepper nee wif in their application. However, the applicant may not have tailored that the California pepper nee was one of the protective trees species, which was added to the Coy's Development Code adopted November 3, 19W and effective December 3, 1999. According to the arborist report, the CatiNmia Pepper tree, not clearly shown on the site Plan , u located northwest of the Coast Live Oak trees. This nee has been impacted and damaged favored restoration. The poor Coast Live Oak ours are N grind health, Although the applicant is requesting W remove the four Oak trees, the arborist reporo indicates that oWv the 22 inch at DEB Oak tree will need W be removed as it is located within the proposed parting area. Tan arborist indicates that it may be passible to remN the three remaining Coast Live Oak trees dining mmwction. If Nis 1s the cam, personal W Cod, the applicant will be regnhed to pcoWct said trees by enclosing she trees with a five-foot high chain link fencing. Feumg is requuW W be maaual rive feet outside the trees' drip line. Said helping shall be installed prior to commencing work and remain until final inspection is obtained. 13. AESTHETICS a. three Along with the request to add approximtely 34 parking stalls, parking lot lighting is required- pursuant to the City's Development Code, it will be required that the applicant install parking Ica lighting capable of providing adequate illmuivation for security anti safety. A rwwmam of one Monorails of Metrication shall be maintained at the parking surface throughout the parking area. Lighting shall he on a time clock or photo sensor system. All lighting shall be designal to confine direct rays In the property. No spillover beyond the property line shall be perturbed. Furthermore, a portion of the grassy knoll will remain as a buffer to residential property adjacent In the project site's northerly and westerly property line. Pursuant to the City's Development Code requirements, the applicant will bc required to replace the dntt Coate[ Live Oak tree and the California Pepper are at a 3:1 ratio, each a inh nnum box size of 24 inches, As a result, her applicat will be regnne i to plant a total of t2 replacement fires of the said specified species. AddNonaby, said replacement aces will be maintained as prescribed by the zrborist. The applicant will also be required to submit a landscape/irrigation plan incorporating the said specified tree species and delineating the species, size Qwnimum 24 inch box) quantity, and location of additional trees (mostly evergreen), shrubs W Undefended which will be planted In creme a buffer areas of approximately 20 feet wide at the project site's northerly property line adjacent to residential properties and westerly property line that abuts the flood ebarmel and residential properties. 16 y f, �! '� NEGATIVE DECLAMATION NO. 95-1 March 20, 1995 case Number: Conditional Use permit No. 95-1 and Development Review No. 95-1 Applicant: Evangelical free Church of Diamond Bar 3255 E. Diamond Bar Boulevard Diamond Bar, CA 91765 proposal: A request to revise existing Conditional permit No. 1634(1). The revision Includes 14,569 square foot three story structure which incorporates a sanctuary, classrooms, kitchen, and storage areas. Additionally, the revision includes two portable classrooms (241 B 401 each) which will bs removed upon the completion 0f the three story structure. Location: 3225 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Ivitial Btuev - Bevironmaral )ledinae: 1. Earth. (a-g) The proposed project includes the construction of a three story building which incorporates a sanctuary, classrooms, kitchen, and storage a In order to construct the third story (cellar), approximately 2,960 cubic yards of earth will be excavated. One hundred and seventy-two (192) Cubic yards of the earth will be dispersed In "e western portion of "e parking lot. The remaining 2,788 Cubic yards of earth will be exported. The project site is developed with a 4,524 square foot structure, parking lot, and lawn area. The proposed grading will not alter the existing topography or ground surface relief features. The proposed grading is insignificant and the remaining 2,780 cubic yards of earth will be exported. the proposed project will not create unstable ear" conditions or changes in "a geologic substructures or destroy any unique geological or physical features. There is a knoll in the northern portion of "a site. However, development is not contemplated for this area. The area sited for development is flat. Therefore, unstable slope conditions will not occur. Finding The proposed project will not have a significant affect on the environment. 2. Air. (a-c) The proposed project will generate short-term pollutants. These pollutants will be generated locally by construction equipment emissions and dust from grading activities. The project's developer is required to protect against windblown oil erosion during grading and emissions from construction equipment. Combining protection measures required in the uniform Building Code and SCA9i1D Rule403, these impacts will be regulated. Additionally, the proposed project is not anticipated to result in the creation of objectionable odors, alteration of air novementsr moisture, moisture, temperature, or climate. Findiram, The proposed project will not have a significant effect on the environment. However, existing regulations mitigate potential impacts to a level of insignificant. 3. Muter. (a-i) The proposed project is not anticipated to result in changes in current, direction or flow rate of water, Amount of surface water in any body of water, or the quality of water. Additionally, the proposed project will not create or expose people to water related hazards, reduce the supply of water. The diminutive increase in off -site runoff due to site development is insignificant. Findinami The proposed project will not have a significant effect on the environment. 4. Plant Life. (a-e) and 5. Animl Life (a-d) Me project site is an existing development. As such, it does not have any unique or endangered species of plant or animal life. Findings, Site development will not have a significant effect on plant or animal life. 6. Heise. (a-b) The site's development will result in the generation of noise for the short-term only. The short-term construction noise will be generated locally during the construction of 2 0 • the s nctuary building. The existing ambient noise i generated by daily traffic on Diamond Bar Boulevard and Brea Canyon Road. The sanctuary building's use e is not likely to increase the area's noise level.The project's developer is required to comply with the City's Noise Ordinance. Findings: The proposed project will not have a significant effect on local noise levels. However, existing City regulations mitigated potential impacts to a level of insignificant. 7. Light and Clare. (a) The proposed project will not result in significant new light or glare or contribute significantly to existing levels oI light and glare. The project site is a existing development located on biamend Bar Boulevard, adjacent to a mall shopping center near the Intersection of Diamond ear Boulevard and Brea Canyon Road. As such, higher levels of light and glare may exist. An a result, the addition of the sanctuary building and two portable classrooms will not increase the area's light and glare. findings, Due to the small scale of the proposed project, it will not have a significant effect on the generation of light and glare. a. Land Ban. (a) The proposed project does not alter the present or planned land use of the site or the area. The proposed and existing use is permitted in the zone with a Conditional Use Permit. The present u aoperating Under Conditional Use Permit No. 1643(1). use eproposed project is a revision to the existing Conditional Use Permit. Findin The proposed project will not have a significant effect on land use. 9. Natural Resources. (a) The proposed project does net significantly increase the use of any natural resources. The developer and property owner are required to comply with existing regulations to reduce solid waste and are encouraged to recycle which further minimizes the consumption of natural resources. Findings: The proposed project will not have a significant effect on natural resources. 30. R1s)z of Upset. (a-b) and 10. Human Health. (a-b) The proposed project may involve temporary storage of fuel and oil for utilization byconstruction equipment. The risk of spillage and/or leakage of small quantities of fuel and oil is remote. Additionally, this potential exists at any construction site. The project will not involve the risk of explosion or the release of hazardous substances nor interfere with emergency response plans or emergency evacuation plans. The project's developer is required to comply with existing regulations to protect against risk of spillage and/or leakage of toxic materials. Findings, We to the project's ache 11 scale and existing regulations ineffect, it will not result in a significant risk of upset or health hazard. 11. population. (a) and lz. Housing. (a) The site's development is existing. The proposed construction is for a church facility's appurtenant uses. As such, the proposed project will not result in an increase of population or housing stock. Findinuff, The proposed project will have an insignificant effect on population and housing stock needs. 13. Transportation/CirculatiOD. (a-f) The project site is developed with a church facility. The proposed project will not substantially increase traffic, alter circulation patterns of people or goods, or water, rail or air traffic. Additionally, the project will not impact existing transportation systems or increase traffic hazards to motor vehicles, bicyclists, or pedestrians. However, additional parking may be required for the expansion. The project's owner is required to comply with The City's parking requirements. Findings, Due to the regulations in effect, the proposed project will not have a significant effect on transportation and circulation. 14. Public services. (a), 15. Energp. (a-b), and 16. utilities. (a) The project site is developed with a church facility. The proposed construction will not increase the demand for publicservices. Additionally, the hours of operation will not expand due to the proposed development. As a result, the diminutive increase in energy and utilities is insignificant. 4 Findings, The proposed project will not have a significant effect on public services, energy, and utilities. 18. Aesthetics. (a) The project site is developed with a church facility. All new materials and colors utilized for the new sanctuary structure will match the existing building on the site. The portable classrooms will be painted to match the existing building. no proposed project will not obstruct any scenic vistas or views open to the public, or be offensive to the Public view. Additionally, this project is being processed as a Development Review (design review) in conjunction with the conditional Use Permit. Findinos: Under the above mentioned conditions and the City's Development Review ordinance, the proposed project is not considered to he aesthetically significant. 19. Recreation. (a) and za. Cultural Resources. (a -a) The project site is developed with a church facility. The addition of a sanctuary and two portable classrooms will not impact the quality or quantity of existing recreational' oppertunities. As a developed site, the proposed project will not alter or destroy prehistoric or historic archaeological conditions orcreate an impact a cultural values, religious or sacred uses. No cultural resources have been identified on-nite. findings, The proposed project will not have a significant effect on recreation and cultural resources. 21. Mandatory Finding of significance. (a-d) The project site, an existing church facility, is previously disturbed by its development. It dome hot Contain rare or endangered species, or cultural resources. This small scale project does not have the potential to achieve short-term to the disadvantage of long -tern environmental goal{ nor impose impacts which are individually limited but cumulatively considerable. It complies with the draft General Plan and existing Zoning Code. The proposed project does not involve the asof hazardous materials, pose the risk of explosion) nor is it located in close proximity of such uses. Findingsiz Approval of the proposed project and its ultimate construction is not anticipated to cause substantial adverse effects directly or indirectly on human beings, the environment, and animal and/or plant life. 1. Background 1. Name of APPDcaut 2. Address and %me Number of proponent: 3255 South Diamond Bar Boulevard. Diamond Dv. CA 21765, N% 594-7644 3. Name, Address and Made of project Cautech pastor Mark Dancer. 3255 Sandia Dimond Rare Ilwailteard Diamond Bar. CA 91765, 4. Date of Environmental Information Submittal: Fghmary 23 1995 5. Date of Environmental CheckLLtt Submital: Febmary 23, 1995 6. lead Agency (Agency Required Checklist): Cite of Diamond Bar 7. Nano of props 1 B appEeable (Teat No. B Subdivision): Conditional Use Bacen:t No. 9S1 and Develonmem Review No. 961 8. Related Applications (under the eulhailty, of Ibis mr'monmental determioafion) YES NO Variance: Conditional Use pmmih Zone Change: x_ General Plan Ameadmenh x Development Review: (Aaach Completed Environmental lafmmotian Foam) • • (i:rph,nmidns and addhiaml iN r omlon to supplement as Ryan Sad xyassiblyN Answers awe required he sukuhra on mouthed sheds) xes no Passiscv 1 Earth. Will tons proposal result M, X A. unstable earth conditions or muyss in geologic substsumures? _y b. oLruptiov, airyLcrnte, cmpactien or ovsrmverim of the soil? X C. Chains In topography [P Y or around a 6 surface relief features? g d. The destruction, covering or mMlfleatlon of any unique geologic or physical feature? 1 e. My increase in wind orwater erosion of sails, either on or off tax site? x f. Changes in deposition, erosion of strum hanks or land adjar t m staMir w ootther, changes in siltation, deposition or processes which may bodiey the channel of mutant or LntersIttently flowing water an wall As the areas[wndLp permanent or internittmt standing water? A g. exposure of people or property on geologic hazards such as sal:hquaAes, landslides, medians, ground failure, or MaLLar hazards? g. Mr. Will me proposal result m, . A a. Substantial air missions or deteriorating Of coolant air quality? A b. The creation of objectionable cdon? f_ C. Alteration of air moment, miscues, o tmpraturs, or any changes in clients, either locally or regionally? 1. Water. Nall the preposal "suit M, A e. Changes in currents or the course or direction of rr&mr mvmntn X b. Changes in msorgtion rates, drainage patterns, or the rate And Mount of Surface ran -afar X C. Alterations of the course or flow of flood names? 1� d. Changes in the Smut of surface water in any body of water? A a. discharge into Surface waters, or in any alteration of surface water quality Including but of 11u1tal to dlsolved oxygen and turbidity? X f. Alteration of the direction or rate of flow of ground vatare? a • r • • • • 0 • • I I I I [v rpNba r� ,• w I` EIr3*3 «gip xnnirre'rn rtElI L qj -- i, r O zi FUI 9PIltl 6col re Chw¢h f t3'.9551E $5 pGqq�q II g no� I I'NY��ne]P[IIITFCNPE llLlifra� 1 t 1 J fv 91kaI roe church t TII $$ COLGAL qt DI OBar �®ARr.. Ef . I L CIt A I iIF ., rr` r II FI �(I fl I ui 7 it it . �o L / 3.G0 O '< �°PC�OBGV OG'��P� 3s' Idb" Eva. Prue Church alDiamond —® 3b5 I 1I Bch ^ � -_ AR CI iLCPll art' III i e__ '� l Ch