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HomeMy WebLinkAboutRES 2002-03' CITY COUNCIL RESOLUTION RESOLUTION NO. 2002 - 03 A RESOLUTION OF THE CITY COUNCIL" OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-06 AND COMPREHENSIVE SIGN PROGRAM NO. 2000-02 IN ORDER TO INSTALL A FREEWAY -ORIENTED FREESTANDING ELECTRONIC READER BOARD SIGN, TWO MONUMENT SIGNS, TWO CANOPY SIGNS AND ONE DEALERSHIP IDENTIFICATION WALL SIGN. THE PROJECT SITE IS LOCATED AT 515-525 S. GRAND AVENUE, (PARCELS 1, 2, 3 AND 4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC and agent, George Saelzler of Electra -Vision Advertising have filed an application appealing the City Council decision for Conditional Use Permit No. 2001-06, and Comprehensive Sign Program No. 2000-02. The project site is located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this -Resolution, the subject Conditional Use Permit and Comprehensive Sign Program shall be referred to as the "Application". 2. Notification. of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on December 28, 2001. Public hearing notices were mailed to approximately four property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places on December 26, 2001. Furthermore, the project site was posted with the required display board on December 26, 2001. 3. The Planning Commission of the City of Diamond Bar on October 9, 2001 conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was continued to November 27, 2001. The public hearing was continued due to Planning Commission concerns related to signs along the freeway corridor, their relationship to residential properties and consideration of a minimum 1,000 foot separation between a ,property with an electronic reader board and the nearest residential property. 4. On November 27, 2001, the Planning Commission concluded the continued public hearing and approved the Application with conditions. 5. The applicant, in a correspondence date December 5, 2001, appealed the Planning ' Commission's decision to the City Council due to concerns regarding several conditions. 2002--03 6. On January 8, 2002, the City Council conducted a duly noticed public hearing on the approved application. At that time the City Council received testimony, reviewed the property owners concerns, revised several conditions, concluded the public hearing and directed staff to prepare a resolution of approval. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15311 (a) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a somewhat. rectangular -shaped commercial development complex consisting of four parcels (Parcel Map 15625, Parcels 1, 2, 3 and 4) totaling to approximately 4.85 acres. Currently, the project site is partially developed. Parcel 1 is developed with a Honda dealership. Parcel 2 is developed with a Burger King restaurant. Parcels 3 and 4 are undeveloped but have the Planning Commission's approval to expand the dealership and construction a car wash/lube facility, which should occur in the near future. The project site's topography begins at an elevation of approximately 699 feet, at Grand Avenue and slopes down to Old Brea Canyon Road to an elevation of approximately 677 feet. Both parcels contain easements for Los Angeles County flood control and storm drain and Southern California Edison. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant .to the General Plan, this land use designation provides for the establishment of freeway -oriented, and/or community retail and service commercial uses. 2 2002-03 (c) The project site is within the Regional Commercial (C-3) Zone. This zoning designation permits a wide range of uses (i.e. retail trade, services, ' fueling/service stations, vehicle repair/maintenance, auto sales, car washes, restaurant's, etc.) (d) Generally, the following zones and uses surround the project site: To the north is the Burger King restaurant, Diamond Bar Honda dealership, C-3 Zone and boundary for the City of Industry; to the south is the Pomona (SR -60) Freeway; to the east is Grand Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for the City of Industry. The applicant owns Parcel_1 _(Diamond Bar Honda), Parcel 2 (Burger King restaurant), Parcels 3 and 4. Parcel 2 is leased to Burger King. (e) The applicant's request to the Planning Commission was to install the following signs: A freestanding freeway -oriented electronic reader board sign 65 feet in height with a sign face area of approximately 1,074 square feet which includes the electronic reader board; two monument signs, one at 12.5 feet in height with a sign face area of approximately 52.56 square feet displaying the Honda corporate logo and "Honda" name in text and one at 5.5 feet in height with a sign face area of 30 square feet identifying fuel pricing, Union 76, the car wash and lube facility; two canopy signs at seven square feet each displaying the Union 76 corporate logo; and one dealership identification wall sign with a sign face area of 266.5 square feet. (f) The appeal request to the City Council is related to several conditions set forth by the Planning Commission that modifies the applicant's request. The said conditions reduce the height of the monument sign from 12 feet to six feet, reduce the hour of operation of the electronic reader board, modified the hours for the community service messages and set forth the time frame for the installation of the signs. CONDITIONAL USE PERMIT (g) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with will other applicable provisions of the Development Code and the Municipal Code; According to the City's Development Code standards pertaining to signs, the proposed signs are currently not permitted. The permitting the proposed signs is dependent on City Council approving Development Code Amendment No. 2001-02. On January 8, 2002, the Council approved Development Code Amendment No. 2001-02 by ordinance. The second reading of the ordinance will occur on January 29, 2002. The ordinance will be come effective on February 28, 2002. On February 28, 2002, the signs proposed by the applicant will be permitted (consistent with the Development Code Amendment) within a commercial development complex containing 4.5 acres or more if located immediately adjacent to the freeway and in the C-3 Zone. 2002-03 As conditioned and amended herein, the proposed signs will comply with all other applicable provisions of the Development Code and the Municipal Code. (h) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed signs are consistent with the General plan in that the signs will minimize sales tax leakage out of Diamond Bar and encourage the retention, rehabilitation, refurbishment, and/or expansion of revenue generating uses at the project site in sufficient quantities to meet the City's needs. The proposed signs including the electronic reader board will serve to further the City's economic development goals. The type of signs proposed is an important element in allowing competitive opportunities and to capture our fair share of sales tax revenue. The proposed sign will benefit the City, the Honda dealership, Burger King and any other use of the project site by Increased sales. There is no specific plan for the project area. There is not a specific plan applicable to the project were the project area. (i) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The architectural style of the proposed signs will be consistent with the approved architectural style of the Honda dealership expansion, car wash/lube facility and the eventual remodel of Diamond Bar Honda. The proposed signs will also be compatible with the new image of the Honda stores as prescribed by the Honda Corporation. The proposed signs are more attractive than the existing on-site signs. The electronic reader board offers the City a chance not only for City identification but also for community service announcements. As a condition of approval, the applicant will be required to remove all existing dealership wall and roof signs, the existing Honda monument sign located adjacent to Grand Avenue and the existing freeway -oriented freestanding sign. Furthermore, the applicant will be required to remove all flags, balloons and inflatable devices that have not been approved through the Temporary Sign Permit process. The project site is located at the northwest city limits adjacent to the City of Industry. It is isolated from other commercial development within the City of Diamond Bar and City of industry and is well removed from residential uses. As a result, impacts to existing and future development are expected to be insignificant. Businesses located on the project site depend on passerby's or word-of-mouth for customers. The proposed signage will provide better freeway and Grand Avenue identification and visibility. 4 2002-03 1 Ll (j) The subject site is physically suitable for the type and density/intensity of the use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The project site, an existing commercial development complex is approximately 4.85 acres and as referenced in Item (i) above, the subject site is physically suitable to the proposed project. Access has been reviewed and the proposed signs do not interfere with the site's access and access has been deemed adequate. Utilities are existing. As referenced above in Items (g), (h) and (i), the proposed signs will be compatible with adjoining land uses. The project contains Edison and storm drain easements. All signs will be constructed out of all easements. (k) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As amended herein and as referenced in Items (g) through (j) and with appropriate permits and inspections, the granting of the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15311(a), the City has determined that this project is categorically exempt. COMPREHENSIVE SIGN PROGRAM (m) The Comprehensive Sign Program satisfies the purpose of this Chapter 22.36 -Sign Standards in the intent of this Section; The purpose of a Comprehensive Sign Program is to integrate the project's signs with the design of structures on site to achieve a unified architectural statement. A Comprehensive Sign Program provides a means for flexibility when applying sign regulations for a multiple tenant project and users of multiple signs. The Program encourages creativity and provides incentive and latitude in provisions of multiple signs while achieving and not circumventing the intent of the Development Code Chapter 22.36 related to sign standards. The proposed signs satisfy the purpose of the City's sign standards and the ' intent of the Comprehensive Sign Program because all signs, as conditioned, comply with all sign standards including Development Code Amendment No. 2001-02 regarding signs within the C- 3 zone. 2002--03 The proposed signs' architecture is compatible with the design of all structures on site. The signs reflect corporate colors, which reflect the corporate images, which is reflective of colors chosen for structures on site. Furthermore, the signs proposed are more attractive than what is existing on site. As a condition of approval, all existing signage will be removed. (n) The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or users they identify, and to the surrounding development; As referenced above in Items (i), (j) and (m), the proposed signs enhance the overall development because their architecture compatible with the design of structures on site. The proposed signs are in harmony with and visually related to each other. (o) The Comprehensive Sign Program accommodate future revisions which may be required to changes in uses or tenants; and Through the Comprehensive Sign Program minor future revisions to the Program are allowed with the Directors approval. Major revisions require the approval of the Planning Commission. However, sign revisions due to a new tenant or use are permitted by the Development Code. (p) The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished purpose of this Chapter. As referenced above in Items (m) and (n), the Comprehensive Sign Program complies with the standards of Chapter 22.36 except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished the purposes of Chapter 22.36. 5. Based on the findings and conclusions set forth above, the City Council hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, elevations and colors/materials board collectively labeled as Exhibit "A" dated January 8, 2002, as submitted and approved by the City Council, 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, G 2002-03 whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The freestanding freeway -oriented electronic reader board sign shall comply with all Caltrans regulations. Prior to the issuance of any City permits, the applicant shall submit verification of Caltrans' approval in writing to the City. (d) The illumination of the electronic reader board sign shall be subject to a 60 day lighting level review by the City after installation. (e) The freestanding freeway -oriented electronic reader board sign shall not exceed a total sign face area of 1,000 square feet. The sign face area shall include the message center as well as all other areas identifying the businesses on site. (f) The applicant shall provide the City with a minimum of 10 percent of the message time for community service announcements at no charge. The 10 percent time frame shall be evenly distributed between 5:00 a.m. and 10:00 p.m. of each day. (g) The electronic reader board hours of operation shall be from 5:00 a.m. to 10:00 P.M. (h) Off-site messages/advertising shall not be permitted on any signs within the subject commercial development complex. (i) The existing freestanding freeway -oriented sign and all other signs on site shall be removed when the new signs are operational. All flags, inflatable devices, etc. shall be removed prior to the issuance of any sign permits. (j) Temporary banners, small balloons or other temporary advertising devices shall require the approval of a Temporary Use Permit not exceeding a total of 45 days per calendar year. (k) Rooftop inflatable advertising devices shall be prohibited. (1) All monument signs shall contain Arabic number address plates identifying the project or use by a specific street address. The address plates shall not exceed four square feet of sign face area and numbers shall be a minimum ' of three inches in height and shall be clearly visible from the adjacent street. VA 2002-03 (m) Landscaping shall be provided at the base of the supporting structure of all monument signs equal to twice the area of one face of the sign. All landscaping shall be installed prior to final inspection. (n) The monument sign located on Parcel 1 and adjacent to Grand Avenue identifying Diamond Bar Honda shall not exceed a maximum height of 12 feet. (o) Wall sign attachment shall be engineered to meet wind loads of 80 mph. with an exposure "C (p) Applicant shall show the location of disconnect switch, method of the electric sign attachment to sign base and verification of U.L. approval. (q) Electrical conduit shall not be exposed. (r) Plans shall conform to State and Local Building Codes (i.e. 1998 edition of the Uniform Building Code and the 1996 addition of the National Electrical Code) as well as the State Energy Code. (s) Signs shall not be located within any easements. All monument signs shall be located a minimum of 10 feet from the ultimate right-of-way. (t) This grant shall comply with Development Code Amendment No. 2001-02 and is not valid until Development Code Amendment No. 2001-02 is in full force and effect. (u) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 8 2042-03 1 The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: - Mathew Tachdjian, Col -Am Properties, LLC, P.O. Box 4655, Diamond Bar, CA 91765 and George Saelzler, Electra -Vision Advertising, 731 W..11 th St., Claremont, CA 91711. PASSED, APPROVED AND ADOPTED THIS 29TH OF JANUARY 2002. Wen Chang, Mayo I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at regular meeting of the City Council City of Diamond Bar held on the 29th day of January, 2002 by the following vote: AYES: COUNCIL MEMBERS: Herrera, Huff, Zirbes, M/Chang NOES: COUNCIL MEMBERS: MPT/O'Connor ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: LynA Burgess, City Clerk, City of Diamond Bar 07 2002-03