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Home My WebLink AboutORD 01 (2002)ORDINANCE NO. 01 (2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2001-02 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE A. RECITALS. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Development Code. Title 22 of the Diamond Bar Municipal Code contains the Development Code now currently applicable to the development applications within the City of Diamond Bar. 3. Administering the Development Code for three years demonstrated that certain clarifications and modifications are needed based on the City's experience. The ' City of Diamond Bar has determined that the following existing standards within the Development Code require clarification and/or modification: Article III Section 22.36.080., Prohibited Signs; and Section 22.36.120.C., Freeway -oriented Signs 4. The Planning Commission of the City of Diamond Bar on October 9, 2001 conducted a duly noticed public hearing with regard to the Development Code Amendment. The Planning Commission concluded the public hearings on October 9, 2001 and recommended denial of said amendment to the City Council. 5. Notification of the City Council public hearing for consideration of Development Code Amendment No. 2001-02 was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on October 30, 2001. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav- On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree 1 Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on October 29, 2001. 6. On November 20, 2001, the City Council of the City of Diamond Bar conducted --- a duly noticed public hearing with regard to the Development Code Amendment No. 2001-02. At that time, the City Council referred the matter to the Planning Commission for a report regarding a separation standard between a commercial development complex that has an electronic reader board and residential properties, aesthetic view impact of electronic reader boards, traffic safety and a definition of the term "freeway adjacent". 7. On November 27, 2001 pursuant to the City Council's direction, the Planning Commission reviewed Development Code Amendment No. 2001-02. The Planning Commission recommended approval of the amendment, with modifications, and directed staff to prepare and forward a report to City Council for consideration. 8. On the December 17, 2001, pursuant to staff's recommendation, the City Council continued the public hearing for Development Code Amendment 2001-02 to January 8, 2001. 9. On January 8, 2002, the City Council reviewed the Planning Commission Report for Development Code Amendment 2001-02 and concluded the public hearing. 10. Following due consideration of public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that the Development Code Amendment set forth herein is consistent with the General Plan. 11. The City Council hereby finds that there is no substantial evidence that the Development Code Amendment will have a significant effect on the environment and therefore Negative Declaration No. 2001-03 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 12. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Development Code amendments proposed herein will have the potential of an adverse effect on the wildlife 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. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 2 Section 22.36.080., Prohibited Signs, of Article III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: ' Electronic reader board signs, except time/temperature devices and except as provided in Section 22.36.120.0 7; 2. Paragraph C. contained in Section 22.36. 120., Freeway -oriented Signs, of Article III, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: C. On-site and off-site freestanding signs may be permitted by Conditional Use Permit in lieu of freeway oriented wall signs for certain properties when they are visible from and adjacent to a freeway right-of-way in compliance with the following: Signs are only for the purpose of advertising fuel, food, and/or lodging accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent sites for uses that are located within 200 feet of the freeway right- of-way; 3. It can be demonstrated that wall signage cannot be located on the building itself and a manner that will be visible to motorists traveling ' in either direction along the freeway; 4. The height of freestanding signs shall not exceed 25 feet above adjacent street grade or the freeway travel lanes (excluding on-off ramps); 5. The maximum sign face areas shall not exceed 10 feet in height and 20 feet in width. If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lodging, these uses may also be identified on the freeway sign provided that: a. No more than one freestanding sign shall be permitted per site; b. Changeable copy signage is not allowed; C. The maximum size permitted for the freestanding sign is not exceeded; d. No wall signs are visible from the freeway for uses identified ' on the freestanding sign; and e. Signs shall be separated by a minimum distance of 1,320 feet. 91 6. More than one use of each type may be identified on the freeway - oriented signs. 7. Freeway -oriented signs with an electronic reader board may be permitted by Conditional Use Permit for commercial development complexes located within the C-3 zone containing one parcel equaling 4.5 acres or more or a group of parcels equaling 4.5 acres or more located immediately adjacent to the freeway. In addition, electronic reader boards shall meet the following requirements: a. Only one freeway -oriented sign with an electronic reader board shall be permitted for businesses which are located on the same parcel, or which are otherwise located in a single commercial development complex; b. Freeway -oriented signs with an electronic reader board shall be required to identify more than one business within a commercial development complex; C. Freeway -oriented signs with an electronic reader board shall not exceed a height of 65 feet and a total sign face area of 1,000 square feet, which shall include the electronic reader board area. The sign face area of the electronic reader board shall not exceed 33 percent of the total sign face area; d. Businesses utilizing a freeway -oriented sign with an electronic reader board may be located on a parcel different from that which the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying; e. The property upon which an electronic reader board sign is located shall be a minimum 1,300 feet from any residential property; and f. Freeway -oriented signs with an electronic reader board shall be integrated with the design of structures on site in order to achieve a unified architectural statement. 8. Monument signs may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel or a group of parcels equaling 4.5 acres or more located immediately adjacent to the freeway. In addition, the monument signs shall meet the following requirements: a. A monument sign may be more than six feet in height but shall not exceed 12 feet in height and 72 square feet and sign face area; b. Except as provided within this section, a monument sign shall be required to meet specific sign standards within Chapter 22.36. N 9. Wall signs may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel or a group of parcels equaling 4.5 acres or more located immediately adjacent to the freeway. In addition, a wall sign shall ' meet the following requirements: a. A wall sign shall not exceed 300 square feet in total sign face area for commercial development complexes with 300 linear feet or more of property frontage adjacent to the freeway, and b. Except as provided within this section, a wall sign shall be required to meet specified sign standards within Chapter 22.36. PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF JANUARY 2002, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Wen Chang, Mayor I, Lynda Burgess, City Clerk of?ityamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 8th day of January , 2002 and was finally passed at a regular meeting of the City Council of the 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 ABSTAIN: COUNCIL MEMBERS: None AA- sexy ' Lynda Burgess, City Clerk City of Diamond Bar 5