The URL can be used to link to this page

Home My WebLink AboutRES 96-70CITY COUNCIL RESOLUTION NO. 96-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REVERSING; THE PLANNING CONNISSION'S DECISION OF DENIAL AND APPROVING VARIANCE NO. 96-1, A REQUEST TO INSTALL A SECOND WALL SIGN ON THE NORTHERLY FACADE OF AN EXISTING COMMERCIAL OFFICE BUILDING LOCATED WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant, University of Phoenix, has filed an application appealing the Planning Commission's denial of Variance No. 96-1 located within Gateway Corporate Center at 1370 Valley Vista Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this.Resolution. Hereinafter in this Resolution, the subject Variance shall be referred to as the "Applica- tion". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), 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 contain 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. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency.with.the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on July 22, 1996 conducted a duly noticed public hearing on the Application. At that time, the Commission denied the applicant's request for a second wall sign. 5. On July 25, 1996, the applicant filed an appeal requesting the City Council's consideration of the Variance request. 6. The City Council of the City of Diamond Bar on September 3, 1996 conducted a duly noticed public hearing on the Application. Due to the applicant's request, the public 1 96-70 hearing was continued to September 17, 1996 and concluded on September 17, 1996. 7. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on August 13, 1996. Twenty-five property owners within a 500 foot radius of the project site were notified by mail on August 12, 1996. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The 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 of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15311 (a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a 5.94 gross acre site developed with an 84,000 square foot, two story, multi -tenant commercial office building. The project site is located within Gateway Corporate Center at 1370 Valley Vista Drive, Diamond Bar, California. (b) The project involves the removal of the existing ReMax wall sign and the installation of a 32.5 square foot University of Phoenix wall sign. (c) The project site is zoned Commercial -Manufacturing -- Billboard Exclusion -Unilateral Contract,(C-M-BE- U/C). It has a General Plan land use designation of Professional Office (OP). (d) Generally, the following zones and uses surround the project site: to the north is the Orange (57) and Pomona (60) Freeway interchange; to the south and east is the C-M-BE-U/C Zone; and to the -west is the Orange Freeway and the C-M-BE-U/C Zone. (e) There are special circumstances or exceptional characteristics applicable to the property such as size, shape, topography, location or surroundings which are not generally applicable to other properties in the vicinity and under identical zoning classification. 2 96-70 The proposed wall sign will be located on the northerly facade of a commercial office building. The office building has a lineal frontage of 432 feet and setback approximately 99.83 feet for the public right-of-way. It's designed in a manner that creates a facade with varying planes, thereby giving the appearance of separate elevation. The varying planes, excessive lineal frontage and substantial setback impedes the view of the building's main entrances and the existing University of Phoenix wall sign when traveling northeast .on Valley Vista Drive. The referenced special circumstances and exceptional site and building characteristics are not generally applicable to other properties in the vicinity and under identical zoning. (f) The Variance is necessary for the preservation of a substantial property right of the applicant such .as possessed by owners of other properties in the same vicinity and zone. Pursuant to the Sign Ordinance, Gateway Corporate Center Guidelines and Gateway Corporate Center Unilateral Contract, the applicant has the right to install signage that gives visitors clear direction to and on the project site. However, the building's design interferes with the right to have visible signs, a right enjoyed by owners and tenants of — commercial office buildings in the same vicinity and zone. The granting of the Variance preserves and ensures this right. (g) The strict application of zoning regulations including the City's Sign Ordinance, as they apply to'the property, will result in practical diffi- culties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. In this case, the strict literal interpretation of the City's Sign Ordinance would result in practical difficulties because without adequate signage, visitors will have difficulties finding the project site which would be in conflict with the purpose of the City's Sign Ordinance. (h) The granting of the Variance will not be materially detrimental to the public health, safety, or general welfare, or injurious to other property in the same vicinity and zone. The proposed wall pedestrian traffic seek direction to applicant, thereby approaching and on sign will facilitate vehicular and as visitors to the project site the building area occupied by the decreasing confusion when the site. 4. Based upon the findings and conclusions set forth above, the City Council hereby reverses the Planning 3 96-70 Commission's decision of denial and approves this Application subject to the following conditions: (a) The project shall substantially conform to site — plan, elevation and colors/materials board collectively labeled as Exhibit "A" dated October 1, 1996, as submitted to and approved by the City Council. (b) The subject 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 the City. It shall be the applicant's obligation to ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The,wall sign shall comply with the Gateway Corporate Center's guidelines and the standards setforth within the Gateway Corporate Center's Unilateral Contract. (d) Any surface irregularities as a result of the removal and installation of any signs shall be repaired (i.e. filing of holes, resurfacing and painting to match existing building's finish). (e) The applicant shall comply with the requirements of the City's Planning and Zoning and Building and safety Divisions and the Public Works Department. (f) This grant shall be valid for one (1) year and shall be exercised (i.e. construction shall be'commenced) within that period or this grant shall expire. (g) 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 Development Department, their affidavit stating that they are aware of and accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays all remaining City processing fees. 4 96-70 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, Robert McNichols, University of Phoenix, 4615 E. Elwood, Phoenix, Az 85072 and Trammell Crow, 18529 E. Gale Avenue, Industry, CA 91748. PASSED, ADOPTED AND APPROVED this lst day of October, 1996 Mayor I, LYNDA 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 Council of the City of Diamond -Bar held on the 1st day of October, 1996, by the following vote: AYES: COUNCIL MEMBERS Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS Harmony, Herrera ABSENT: COUNCIL MEMBERS None ABSTAINED: COUNCIL MEMBERS None Attest qC1y Cl�othe City of Dja=mondr bar 5 96-70