HomeMy WebLinkAbout8/9/1993AYES: COMMISSIONERS: Grothe, Flamenbaum, and
Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Plunk.
ABSENT: COMMISSIONERS: Li.
CONTINUED
CITY OF DIAMOND BAR
PUBLIC HEARING:
MINUTES OF THE PLANNING COMMISSION
AUGUST 9, 1993
CALL TO ORDER:
Chairman Meyer called the meeting to order at 7:04
No. 93-2
p.m. at the South Coast Air Quality Management
District Auditorium, 21565 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance by
ALLEGIANCE:
Commissioner Flamenbaum.
ROLL CALL:
Commissioners: Grothe, Flamenbaum, Vice Chairman
Plunk, and Chairman Meyer. C/Li arrived at 7:15
p.m.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, and Planning Department Secretary
Marilyn Ortiz.
CONSENT CALENDAR:
VC/Plunk indicated that she will not vote on the
minutes because she was not present during the
Minutes of
subject meeting.
July 26, 1993
Chair/Meyer requested that the minutes be corrected
on page 9 to delete "Chair/Meyer declared the
public hearing closed."
Motion was made by C/Flamenbaum, seconded by
C/Grothe and CARRIED to approve the Minutes of July
26, 1993, as amended.
AYES: COMMISSIONERS: Grothe, Flamenbaum, and
Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Plunk.
ABSENT: COMMISSIONERS: Li.
CONTINUED
AP/Searcy presented the staff report regarding the
PUBLIC HEARING:
request, by the applicant Donco Signs representing
Mobil Oil, for approval to reorient and relocate an
Variance
existing 24 ft. twin pole sign located at the Mobil
No. 93-2
Service Station on the northwest corner of Diamond
Bar Blvd. and Golden Springs Drive. This
application is the result of a code enforcement
action on behalf of the City. The applicant
applied for and received an approval, on September
9, 1992, to replace the sign face of the twin pole
sign in addition to other wall signs at the service
station. Subsequent to this approval, the
applicant returned to the City and-, requested
revisions to the sign plan. Those revisions were
approved for alterations to the wall signs only,
which -were altered on the plans, initialed by the
planner, and submitted to the Building Department.
At no time were notes on the plans revised to show
August 9, 1993
a relocation of the twin pole sign. During
subsequent plan check by the Building Department,
the applicant submitted a plan with a revised
location of the freestanding sign that had not been
reviewed by the Planning Department. During field
inspections, the inspector noticed that there was'a
detail sheet attached to the set of plans which
exhibited a footing detail showing the relocation
of the twin pole footing. Investigation of the
Planning Department approval and the Buildi g
Department approval, identified that the applicant
had shown a relocation of the footings of the sign
without approval, and had not submitted a formal
request for relocation to the City. The pole sign
had been altered without permits. Because the sign
had been legal non -conforming and illegally
relocated, the sign status immediately transformed
into non conforming. The applicant was informed
that staff was bound by the code to require the
removal of the non -conforming sign but the decision
could be appealed to the Planning Commission. The
applicant has indicated that they feel the permit
was issued in error, and that the reorientation of
the pole sign had been requested as a part of this
application. The applicant also feels that the
sign is still in conformance with City standards
and will not create any new or additional impacts
to the surrounding area. The applicant requests
the re -orientation of the sign to better attract
attention from traffic in a safer manner. Staff
has reviewed the application and finds no
supportable evidence submitted by the applicant
which compels staff to support the request, as
indicated in the Findings of Fact presented in the
staff report. It is recommended that the
Commission adopt the resolution for denial of the
application.
AP/Searcy, in response to VC/Plunk, stated that,,to
his knowledge, the Building Department Engineer
would have to do a.detailed footing inspection, and
calculation review, to determine the safety of the
footings that were moved.
Chair/Meyer declared the public hearing opened.'
Mark Fink, with Donco Signs Inc. representing Mobil
oil, explained that plans were submitted in' the
early part of September of 1991, requesting ,the
face change in the wall signs. Subsequent to that
submittal, Mobil Oils marketing people decided that
the pole sign would be more effective if it
addressed Diamond Bar Boulevard. When staff cabled
to advise that the plans were ready for permit
issuance, proposed revisions, which included
11i
August 9, 1993 3
changing one of the wall signs from "Mobil Mart" to
"Snack Shop", as well as the re -orientation of the
pole sign, were submitted. Those plans, reflecting
both proposed changes, were discussed, in detail,
with a representative from the Planning Department
and from the Building and Safety Department. It
was advised that the proposed changes were
acceptable, and a Building Department official
initialed and dated the plans approving the revised
location. Had it been known that the reorientation
would not be acceptable, only the sign face changes
would have been made. The change, reviewed and
approved by the City, and carried out by Mobil Oil,
is minor in nature and does not create any new or
additional impacts. It seems unfair to require the
removal of -the signs due to a mistake made on the
part of the City staff. Mr. Fink stated that he
has structural calculations from a licensed
structural engineer indicating that the footing,
which was approved by the Building Department, is
more than adequate for the City's requirements.
C/Li inquired why the applicant did not attach the
structural calculations to the application.
Mark Fink explained that the applicant did give the
revisions to the City's plan check Building
Department Engineer, Mr. Joe Bizone, who .then
approved and signed the plan, indicating that it
would be attached to the City's paperwork. The
applicant is very much aware of the need for
inspections on the structural integrity of the
footings; and would not attempt to deceive the City
in any way.
AP/Searcy stated that the Planning Department
reviewed and approved revisions made to the wall
signs only, which was initialed and dated by the
staff planner. At no time did the Planning
Department note or date any revision to the footing
of the free standing monument sign.
Mary Jean McMillan, an employee of Donco Signs who
pulled the permits, stated that, on September 28,
1992, she informed staff that Mobil Oil requested
two changes to be made to the permit ready to be
issued, which included the reorientation of the
pole sign and changes to the sign face. Two City
officials reviewed the changes made to the plot
F plan, initialed and approved those changes, and
took a copy of the engineering calculations. The
4.. x-: fees were then paid and the permit was issued.
Hearing no further testimony, Chair/Meyer declared
the public hearing closed.
I
August 9, 1993
4
AP/Searcy, in response to C/Flamenbaum, explained
that any alteration of the sign would constitute,a a
change in the legal non -conforming use of that
sign, thus changing the status to non -conforming.
Changes to the contents of the existing box or sign
face is allowed.
Chair/Flamenbaum inquired if the Building
Department Engineer recalls initialing and
approving the plans with the revisions.
CDD/DeStefano explained that the employee
acknowledges his initial at the site on the
drawings that shows the relocated sign. However,
no permits were issued, no plan check fees were
paid to indicate that the Building Department ever
took in any drawings related to that footnote on
the plans to support approval of the reorientation.
C/Flamenbaum questioned if a City employee's
initial with the word "approval" on the plan would
constitute some sort of approval by the City. An
applicant could presume that the employees at the
counter are authorized to act on the City's behalf.
AP/Searcy pointed out that it is a common
"
procedure, known by Mr. Fink, that permits must be
Lj
issued by both the Building Department and the
Planning Department for work being done.
VC/Plunk suggested that, as a compromise to this
situation, the applicant be allowed a monument sign
at a height not to exceed the 1176" Service Station
sign in the same vicinity.
C/Grothe pointed out that non -conforming signs need
to be abated within 10 to 15 years. The Mobil Oil
monument sign should be replaced with a sign 6 feet
in height to improve it's visibility, or it should
be removed altogether. However, if there has been
an error made with this application, perhaps
permission can be granted to put the sign back as
it was originally located.
C/Li stated that since the revision was not
approved, he would concur with staff's
recommendation to deny the application. The plans
seem to have been initialed acknowledging receipt
of the document, not authorizing that the
calculations submitted were reviewed and approved.
;"a
Chair/Meyer inquired if the reorientation of a
single pole sign would require only Building
Department approval.
August 9, 1993 5
AP/Searcy stated that changes to the interior face
of the sign require only Building. Department
approval. Reorientation of a sign would definitely
be subject to Planning Department review.
Chair/Meyer expressed his concern that the Sign
Code is so severe that a reorientation of a sign
affects a non conforming status. Most
nonconforming Ordinances allow minor modification
in the scope and scale of a non conformity, if that
nonconformity is not increased. A variance is not
the proper tool for this situation since the
findings for a variance would be difficult to make
on this particular provision.
CDD/DeStefano explained that the Sign Ordinance
adopted in 1991 was intentionally drafted straight
forward and simple with the intent of capturing
these freestanding signs that exceed 6 feet in
height. The major rehabilitation of this gas
station is a nice addition to the City of Diamond
Bar. However, there is differing representation on
what has occurred, making it difficult to resolve
the situation. The Building Department official
was asked to attend the meeting to assist in
understanding the circumstances. If the commission
would prefer to hear testimony from the Building
Department official or the Planning Department plan
checker, then perhaps the matter should be
continued to the next available Planning Commission
meeting.
VC/Plunk pointed out that the plan is initialed by
the Building Department official indicating his
acknowledgment of the revised location. It does
not say "approved".
Chair/Meyer recessed the meeting to allow the
Commission an opportunity to review the plans.
Chair/Meyer reconvened the meeting and declared the
public hearing opened.
Mark Fink, in response to Chair/Meyer, stated that
the current market value for a similar sign would
be approximately $14,000 dollars. The scope of the
cost for it's reorientation was approximately
$1,500 dollars.
Chair/Meyer declared the public hearing closed.
Chair/Meyer stated that staff has recommended that
the variance be denied because there is no
supportable evidence submitted by the applicant
demonstrating that they are being denied a
August 9, 1993
substantial property right afforded their neighbors
in the same vicinity and zone. a,:;;,
01!'
Motion was made by C/Grothe and seconded by
VC/Plunk to accept staff fs recommendation to deny
the application for Variance No. 93-2.
C/Flamenbaum pointed out that the reorientation of
the sign is not a substantial change from the way
the sign was originally. since there is no basis
for a variance, he stated that he would recommend
that the request for the variance be denied but
that the Planning staff be directed to approve the
sign as it presently exists, assuming it meets all
appropriate building requirements. It seems that
there was a miscommunication to the applicant ion
the proper procedure that should have been
followed. C/Li concurred.
C/Grothe stated that the sign should be brought
into conformance with the current Sign Code since
it has been modified by changing it's orientation.
DCA/Fox concurred that there are no grounds for a
variance. This situation is susceptible to' a
contemporaneous administrative interpretation by
the Community Development Director. The Sign Code
does permit a degree of discretion on the partiof�;�;
staff, which becomes a matter of policy. The fact
that an employee in the Building Department may
have indicated approval does not bind the City
legally.
CDD/DeStefano stated that, based upon the comments
made by the Commission, perhaps it would be more
appropriate to continue the matter to the niext
meeting so that alternatives could be developed,
and additional facts could be brought forth to help
the Commission draw a conclusion at that meeting.
C/Grothe stated that he would amend his motion to
deny the application without prejudice.
CDD/DeStefano, in response to Chair/Meyer, stated
that if the Commission decides to adopt the
resolution of denial, without prejudice, a new
application can be filed immediately if desired.
In response to VC/Plunk, he stated that the
applicant will have a 15 day appeal period giving
the applicant an opportunity to appeal the decision
of the Commission to the City Council. If there is.
no appeal, and the Commission's, decision caused
removal of the sign, staff would provide a
reasonable amount of time for the applicant to do
SO.
August 9, 1993
7
i The Commission then voted upon the Motion made by
C/Grothe and seconded by VC/Plunk to accept staff's
recommendation to deny the application for Variance
No. 93-2, without prejudice.
AYES: COMMISSIONERS: Grothe, Li, VC/Plunk, and
Chair/Meyer.
NOES: COMMISSIONERS: Flamenbaum.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
The Motion CARRIED 4-1.
C/Grothe stated that the sign should be removed and
brought into total conformance with the Sign
Ordinance: C/Plunk concurred, however, she would
be willing to consider a modification to the sign
to be similar to the height of the "75" service
station sign.
C/Flamenbaum, C/Li, and Chair/Meyer concurred that
it does not seem appropriate for the sign to lose
it's nonconforming entitlement for the kind of
minor modification made.
It is the consensus of the Commission that there
should be no substantive change to the existing
sign.li Staff is directed to'approve the sign.
Chair/lMeyer indicated that it would be appropriate
for an effort to be made by the applicant to bring
the sign into compliance with the current Sign Code
as best as possible.
INFORMATIONAL C/Flamenbaum reported that the subcommittee on the
ITEMS: Planning Commission Policies and Procedures did not
have an opportunity to meet as planned.
ANNOUNCEMENTS: CDD/DeStefano reported on the following items: the
Planning Commission's discussion regarding
exploration of a bond issue for acquisition of open
space was directed to the City Manager for
distribution appropriately; the City Council
adopted the 1993 General Plan last week; and, as
Administrative Development Director, he approved a
remodeling of an existing Chevron station on Golden
Springs and Brea Canyon Road, a two story addition
to an existing home on Armitos Place, and a two
story addition to an existing home on Milky Way
Ird Place.
C/Flamenbaum stated that he will not be in
attendance at the August 23, 1993 meeting. He
reported that he received an update, from the City
August 9, 1993 8
N,;ts
of Brea, on the processing of the Olinda Heights{f;,
Specific Plan. uiu
C/Grothe stated that he too will not be in
attendance at the August 23, 1993 meeting.
ADJOURNMENT: Motion was made by C/Grothe, seconded by C/Li and
CARRIED UNANIMOUSLY to adjourn the meeting at p.m.
Respectively,
o �
J s DeStefano
Secretary
Attest:
DMe3� r �
Chairman
I
07,
'LEDGE
CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION
AUGUST 91 1993
CALL TO ORDER: Chairman Meyer called the meeting to order at 7:04 p.m. at the South Coast Air Quality
Management District Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
The audience was led in the Pledge of Allegiance by ALLEGIANCE: commissioner Flamenbaum.
ROLL CALL: Commissioners: Grothe, Flamenbaum, Vice Chairman Plunk, and Chairman Meyer. C/Li arrived at
7:15 p.m.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann
Lungu, Deputy City Attorney Craig Fox, and Planning Department Secretary
Marilyn Ortiz.
CONSENT CALENDAR: VC/Plunk indicated that she will not vote on the minutes because she was not present
during the Minutes of subject meeting.
July 26, 1993
Chair/Meyer requested that the minutes be corrected on page, 9 to delete
"Chair/Meyer declared the public hearing closed."
Motion was made by C/Flamenbaum, seconded by C/Grothe and CARRIED to
approve the Minutes of July 26, 1993, as amended.
AYES: COMMISSIONERS: Grothe, Flamenbaum, and Chair/Meyer. NOES:
COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Plunk. ABSENT: COMMISSIONERS: Li
CONTINUED AP/Searcy presented the staff report regarding the PUBLIC HEARING: request, by the applicant
Donco Signs representing
Mobil Oil, for approval to reorient and relocate an Variance existing 24 ft. twin
pole sign located at the Mobil No. 93-2 Service Station on the northwest corner of Diamond
Bar Blvd. and Golden Springs Drive. This
application is the result of a code enforcement action on behalf of the City. The
applicant applied for and received an approval, on September 9, 1992, to replace
the sign face of the twin pole sign in addition to other wall signs at the service
station. Subsequent to this approval, the applicant returned to the City and4
requested
Ir -1 revisions to the sign plan. Those revisions were approved for alterations to the wall signs only, which -were altered on the
plans, initialed by the planner, and submitted to the Building Department. At no
time were notes on the plans revised to show
August 9, 1993 2
a reloc'ation of the twin pole sign. During subsequent plan check by the Building
Department, the applicant submitted a plan with a revised location of the
freestanding sign that had not been reviewed by the Planning Department. During
field inspections, the inspector noticed that there was a detail sheet attached to
the set of plans which exhibited a footing detail showing the relocation of the twin
pole footing. Investigation of --e Planning Department approval and the Buildl—?
Department approval, identified that the applica had shown a relocation of the
footings of the sign without approval-, and had not submitted a formal request for
relocation to the City. The pole sign had been altered without permits. Because
the sign had been legal non -conforming and illegally relocated, the sign status
immediately transformed into non -cont orming. The applicant was inf ormed that
stat f was bound by the code to require the removal of the n6n-cont orming sign
but the decision could be appealed to the Planning commission. The applicant has
indicated that they f eel the permit was issued in error, and that the reorientation
of the pole sign had been requested as a part of this application. The applicant
also f eels that the sign is still in conformance with City standards and will not
create any new or additional impacts to the surrounding area. The applicant
requests the re -orientation of the sign to better attract attention f rom traf f is in a
saf er manner. Staff has reviewed the application and finds no supportable
evidence submitted by the applicant which compels staff to support the request,
as indicated in the Findings of Fact presented in the staff report. It is
recommended that the Commission adopt the resolution for denial of the
application.
AP/Searcy, in response to VC/Plunk, stated that, to his knowledge, the Building
Department Engineer would have to do a,detailed footing inspection, and
calculation review, to determine the safety of the footings that were moved.
Chair/Meyer declared the public hearing opened.
Mark Fink, with Donco signs Inc. representing Mobil oil, explained that plans were
submitted in'the early part of September of 1991, requesting the face change in
the wall signs. Subsequent to that submittal, Mobil Oils marketing people decided
that the pole sign would be more effective if it addressed Diamond Bar Boulevard.
When staff called to advise that the plans were ready for permit issuance,
proposed revisions, which included
August 9, 1993 3
changing one of the wall signs from "Mobil Mart" to
"Snack Shop", as well as the re -orientation of the pole sign, were submitted.
Those plans, reflecting both proposed changes, were discussed, in detail, with a
representative from the Planning Department and from the Building and Safety
Department. it was advised that the proposed changes were acceptable, and a
Building Department official initialed and dated the plans approving the revised
location. Had it been known that the reorientation would not be acceptable, only
the sign face changes would have been made. The change, reviewed and
approved by the City, and carried out by Mobil Oil, is minor in nature and does not
create any new or additional impacts. It seems unfair to require the removal of -
the signs due to a mistaie made on the part of the City staff. Mr. Fink stated that
he has structural calculations from a licensed structural engineer indicating that
the footing, which was approved by the Building Department, is more than
adequate for the City's requirements.
C/Li inquired why the applicant did not attach the structural calculations to the
application.
Mark Fink explained that the applicant did give the revisions to the City's plan
check Building Department Engineer, Mr. Joe Bizone, who then approved and
signed the plan, indicating that it would be attached to the City's paperwork. The
applicant is very much aware of the need for inspections on the structural integrity
of the footingst and would not attempt to deceive the City in any way.
AP/Searcy stated that the Planning Department reviewed and approved revisions
made to the wall signs only, which was initialed and dated by the staff planner. At
no time did the Planning Department note or date any revision to the footing of
the free standing -monument sign.
Mary Jean McMillan, an employee of Donco Signs who pulled the permits, stated
that, on September 28, 1992, she informed staff that Mobil Oil requested two
changes to be made to the permit ready to be issued, which included the
reorientation of the pole sign and changes to the sign face. Two City officials
reviewed the changes made to the plot plan, initialed and approved those
changes, and took a copy of the engineering calculations. The fees were then
paid and the permit was issued.
Hearing no further testimony, Chair/Meyer declared the public hearing closed.
August 9, 1993 4
initial with the word "approval" on the plan would
AP/Searcy, in response to C/Flamenbaum, explained that any alteration of the sign would
constitute a change in the legal non' -conforming use of that Sign, thus changing the status to
non -conforming. Changes to the contents of the existing box or sign face is allowed.
onstitute some sort of approval by the City. An
Chair/Flamenbaum inquired if the Building Department Engineer recalls initialing
and approving the plans with the revisions.
CDD/DeStefano explained that the employee acknowledges his initial at the site
on the drawings that shows the relocated sign. However, no permits were issued,
no plan check fees were paid to indicate that the Building Department ever took in
any drawings related to that footnote —on the plans to support approval of the
reorientation.
pplicant could presume that the employees at the
C/Flamenbaum questioned if a City employee's
ounter are authorized to act on the City's behalf.
C/Grothe pointed out that non -conforming signs need to be abated within 10 to 15
years. The Mobil Oil monument sign should be replaced with a sign 6 feet in
height to improve it's visibility, or it should be removed altogether. However, if
there has been an error made with this application, perhaps permission can be
granted to put the sign back as it was originally located.
C/Li stated that since the revision was not
approved, he would concur with staffs recommendation to deny the application. The plans
seem to have been initialed acknowledging receipt of the document, not authorizing that the
calculations submitted were reviewed and approved. Chair/Meyer inquired if the reorientation
of a single pole sign would require only Building Department approval.
P/Searcy pointed out that it is a common
rocedure, known by Mr. Pink, that permits must
e
ssued b both the Building Department
and the
Iitannin Department for work beingdone.
C/Plunk suggested that, as a compromise to this
tuation, the applicant be allowed a monument sign
t a height not to exceed the 117611 Service Station
n in the same vicinity.
C/Grothe pointed out that non -conforming signs need to be abated within 10 to 15
years. The Mobil Oil monument sign should be replaced with a sign 6 feet in
height to improve it's visibility, or it should be removed altogether. However, if
there has been an error made with this application, perhaps permission can be
granted to put the sign back as it was originally located.
C/Li stated that since the revision was not
approved, he would concur with staffs recommendation to deny the application. The plans
seem to have been initialed acknowledging receipt of the document, not authorizing that the
calculations submitted were reviewed and approved. Chair/Meyer inquired if the reorientation
of a single pole sign would require only Building Department approval.
August 9, 1993 5
AP/Searcy stated that changes to the interior face of the -sign require only Building.
Department approval. Reorientation of a sign would definitely be subject to Planning
Department review.
Chair/Meyer expressed his concern that the Sign Code is so severe that a
reorientation of a sign affects a non conforming status. Most nonconforming
Ordinances allow minor modification in the scope and scale of a non cont ormity,
if that nonconformity is not increased. A variance is not the proper tool for this
situation since the findings for a variance would be difficult to make on this
particular provision.
CDD/DeStefano explained that the Sign Ordinance adopted in 1991 was
intentionally drafted straight f orward and simple with the 'intent of capturing these
freestanding signs that exceed 6 feet in height. The major rehabilitation of this gas
station is a nice addition to the City of Diamond Bar. However, there is differing
representation on what has occurred, making it difficult to resolve the situation.
The Building Department official was asked to attend the meeting to assist in
understanding the circumstances. If the Commission would pref er to hear
testimony from the Building Department official or the Planning Department plan
checker, then perhaps the matter should be continued to the next available
Planning Commission meeting.
VC/Plunk pointed out that the plan is initialed by the Building Department official
indicating his acknowledgment of the revised location. It does not say "approved".
Chair/Meyer recessed the meeting to allow the Commission an opportunity to
review the plans.
Chair/Meyer reconvened the meeting and declared the public hearing opened.
Mark Fink, in response to Chair/Meyer, stated that the current market value for a
similar sign would be approximately $14, 000 dollars. The scope of the cost for
it's reorientation was approximately $1,500 dollars.
Chair/Meyer declared the public hearing closed.
Chair/Meyer stated that staff has recommended that the variance be denied
because there is no supportable evidence submitted by the applicant
demonstrating that they are being denied a
August 9, 1993 6
substantial property right afforded their neighbors in the same vicinity and zone.
Motion was made by C/Grothe and seconded by VC/Plunk to - accept stat f I s
recommendation to deny the application for Variance No. 93-2.
C/Flamenbaum. pointed out that the reorientation of the sign is not a substantial
change from the way the sign was originally. since there is no basis f or, a
variance, he stated that he would recommend that the request f or the variance be
denied but that the Planning staff be directed to approve the sign as it presently
exists, assuming it meets all appropriate building requirements. It seems that
there was a miscommunication to the applicant on the proper procedure that
should have been followed. C/Li concurred.
C/Grothe stated that the sign should be brought into conformance with the current Sign Code
since it has been modified by changing it's orientation. DCA/ Fox concurred that there are no
grounds f or a variance. This situation is susceptible to a contemporaneous administrative
interpretation by the Community Development Director. The Sign Code does permit a degree
of discretion on the partlof staff, which becomes a matter of policy. The fact that an employee
in the Building Department may have indicated approval does not bind the City legally.
CDD/DeStefano stated that, based upon the comments made by the Commission,
perhaps it would be more appropriate to continue the matter to the next meeting
so that alternatives could be developed, and additional f acts could be brought
forth to help the commission draw a conclusion at that meeting.
C/Grothe stated that he would amend his motion to deny the application without
prejudice.
CDD/DeStefano, in response to Chair/Meyer, stated that if the commission decides to adopt
the resolution of denial, without prejudice, a new application can be filed immediately if
desired. In response to VC/Plunk, he stated that the applicant will have a 15 day appeal period
giving the applicant an opportunity to appeal the decision of the Commission to the City
Council. If there is, no appeal, and the Commission's- decision caused removal of the sign,
staff would provide a reasonable amount of time for the applicant to do SO.
August 9, 1993
The Commission then voted upon the Motion made by C/Grothe and seconded
by VC/Plunk to accept staff Is recommendation to deny the application f or
variance No. 93-2, without prejudice.
AYES: COMMISSIONERS: Grothe, Li, VC/Plunk, and Chair/Meyer. NOES:
COMMISSIONERS: Flamenbaum.
ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None.
The Motion CARRIED 4-1
C/Grothe stated that the sign should be removed and brought into total
conformance with the Sign Ordinance.- C/Plunk concurred, however, she would
be willing to consider a modification to the sign to be similar to the height of the
117611 service
station sign.
C/Flamenbaum, C/Li, and Chair/Meyer concurred that it does not seem
appropriate for the sign to lose it's nonconforming entitlement for the kind of minor
modification made.
it is consensus of the Commission that there ou14 the
s h be no substantive change to the existing sign. Staff is directed to -'approve the
sign. Chair/Meyer indicated that it would be appropriate for a-- effort to be made
by the applicant to bring the sign into compliance with the current Sign Code as
best as possible.
INFORMATIONAL C/Flamenbaum reported that the subcommittee on the ITEMS: Planning Commission Policies
and Procedures did not have an opportunity to meet as planned.
ANNOUNCEMENTS: CDD/DeStef ano reported on the following items: the Planning Commission's discussion
regarding exploration of a bond issue for acquisition of open space was directed
to the City Manager for distribution appropriately; the City Council adopted the
1993 General Plan last week; and, as Administrative Development Director, he
approved a remodeling of an existing Chevron station on Golden Springs and
Brea Canyon Road, a two story addition to an existing home on Armitos Placef
and a two story addition to an existing home on Milky Way Place.
C/Flamenbaum stated that he will not be in attendance at the August 23, 1993 meeting. He reported that he
received an update, from the City
August 9, 1993
of Brea, on the processing of the Olinda Heights Specific Plan.
C/Grothe stated that he too will not be in attendance at the August 23, 1993
meeting.
Motion was made by C/Grothe, seconded by C/Li and CARRIED UNANIMOUSLY to
ADJOURNMENT: adjourn the meeting at p.m. Respectively, A-
Attest: D e)T,rC
airman
In
7- 7
is(j s DeStefano Secretary