HomeMy WebLinkAbout07/22/1996n Pam 7.00 P.M. South Coast Air Quality Management District . Auditorium 21865 East -Copley Drive Diamond Bar, California Chairman Vice Charrman Commissioner Commissioner Commissioner Mike Goldenberg Joe Ruzicka Frankfin Fong Joe McManus ♦tr Schad Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title If of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same. El ECITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Monday, July 22, 1996 Next Resolution No. 96-11 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary). There is a five minute maximum time limit when addressing the Planning Commission. 3. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 3.1 Minutes of July 8, 1996 4. OLD BUSINESS: None S. NEW BUSINESS: None 6. PUBLIC HEARING: 6.1 Variance No. 96-1, (pursuant to. Code Section 22.56, Part 2), is a request to install a second wall sign, approximately 32.5 square feet in area, on the north side of a building which the applicant occupies. Project Address: 1370 Valley Vista Drive, Diamond Bar, CA 91765 Property Owner: Trammell Crow, 18529 E. Gale Ave., Industry, CA 91748 Applicant: University of Phoenix, 4615 E. Elwood, Phoenix, Az. 85072 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt, pursuant to § 15311 (a). RECOMMENDATION: Staff recommends that the Planning Commission deny VAR 96-1 and approve attached resolution of denial. 7. PLANNING COMMISSION ITEMS: 8. INFORMATIONAL ITEMS: Verbal status on Development Code. 9. ADJOURNMENT: August 12, 1996 a 4) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 81 1996 40;N CALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:11 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Commissioner Fong. ROLL.CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners Fong, McManus and Schad. Also Present: Community Development Director James DeStefano; Assistant Planner Ann Lungu, and Recording Secretary Carol Dennis MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of June 24, 1996. VC/Ruzicka -made a motion, seconded by C/McManus to approve.the minutes of June 24, 1996 as presented. C/Fong requested the following condition be added to the minutes on Page 9, Paragraph 6, and to Condition (f), Page 5 of the Resolution for, Variance No. 95-2: "The proposed construction of the planned. development shall not create a condition of geologic instability that will adversely affect adjacent properties during construction and the life of the development." VC/Ruzicka amended the motion, C/McManus seconded the amendment to approve the minutes of June 24, 1996 as amended. The motion was approved 5-0. OLD BUSINESS - None NEW BUSINESS - None PUBLIC HEARING: 1. Conditional Use, Permit No. 96-3, a revision to Conditional use permit No. 1206 (1), (pursuant to Code Section 22.56, Part 1), is a request to add 1,332 square feet and interior remodeling to an.existing 2,691 square foot restaurant. Additionally, this project includes Development Review No. 96-2, (pursuant to Code Section July 81 1996 Page 2 PLANNING COMMISSION 22.72.020), for architectural review of exterior changes, landscaping and parking area. Project Address: 225 Gentle Springs Lane, Diamond Bar Property owners: C.K. Loo, 19101 E. Colima Road, Rowland Heights, CA 91748 Simon Kwan and Kwong-Lim Kan, 225 Gentle Springs Lane, Diamond Bar. Applicant: Eric Au, Pinewave, 21017 Commerce Pointe Drive, Walnut, CA 91789 AstP/Lungu read the staff report into the record. Staff recommends that the Planning commission approve Conditional Use Permit No. 96-3, Development Review No. 96-2, Findings of Fact, and conditions as listed within the resolution. AstP/Lungu responded to VC/Ruzicka that although the City does not enforce CC&Rls, the staff report suggests that the applicant, for their benefit, contact the DBIA to insure compliance. The parking lot lighting plan will be approved and the lighting will be installed prior to project's final approval and restaurant opening. The wall will be repaired prior to final approval. In response to C/Schad, AstP/Lunqu indicated the revised restaurant seating has been reduced so that the available 43 parking spaces will accommodate the occupancy. C/Schad recommended the applicant comply with the national effort to limit light pollution by installing as much indirect lighting as possible. C/McManus asked for clarification of operating hours. AstP/Lungu responded that the applicant has proposed days and hours of operation to be Sunday through Saturday f rom 10:00 a.m. to 11:00 P.M. Chair/Goldenberg declared the public hearing open. Eric Au, Design Engineer for the project, stated he read staff's report and concurs with the Conditions of Approval. He requested the hours of operation be corrected to read from 10:00 a.m. to 12:00 Midnight. Mr. Au responded to Chair/ Goldenberg that the project is proposed to - be completed within 90 days of commencing construction. VC/Ruzicka made a motion, seconded by C/McManus to approve Conditional Use Permit No. 96-3 and Development Review No. 96-2, Findings of Fact, and conditions as July 8, 1996 Page 3 PLANNING COMMISSION listed with the resolution with the following amendment: The hours of operation shall be from -10:00 a.m. to 12:00 Midnight. The motion was approved 5-0. PLANNING COMMISSION ITEMS: C/McManus,thanked staff for their efforts. VC/Ruzicka thanked staff for providing the commissioner's packet in a timely manner prior to the July 4 holiday which gave the Commissioners sufficient time to prepare for the public hearing. He requested additional copies of the Walnut Valley Water District information brochure. VC/Ruzicka stated that in his opinion, the City of Walnut's formation of a Walnut Youth Advisory Commission is a good approach for Diamond Bar to consider in its contemplation of Ex -Officio Youth Members serving on City Commissions. Chair/Goldenberg suggested the Commissioner's ride with the Community Volunteer Patrol from time to time in order to become -familiar with the City. INFORMATIONAL ITEMS: CDDIDeStefano stated the City is currently reviewing its Property Maintenance ordinance which has existed for approximately two years. During the first four years of the City's existence, approximately 500 complaints were filed per year. Since the adoption of the City's Property Maintenance Ordinance, the City receives about 650 per year. Ninety percent of all complaints are resolved within 10 days of receipt. Only about one percent of complaints go beyond 60 days and are referred to District Attorney's Conference or court appearance. CDD/DeStefano indicated the City Attorney has advised staff that additional changes to the Planning Commission Manual will be forthcoming due to Brown Act changes. CDD/DeStefano advised the Commission that a revised Tice project will be presented for consideration within the near future. CDD/DeStefano stated that the Planning Commission recently approved staff's recommendation for an Extension of Time on special Equipment Marketing Association's (SEMA) two -lot Parcel Map. A week prior to the approval, Governor Wilson signed Assembly Bill No. 771 which automatically extended for one additional year parcel maps that were active during a certain period of time. Therefore, the action recommended by staff and approved by the Commission was unnecessary. Staff will forward a letterof apology to the applicant. The project will not be forwarded to the City Council. Chair/Goldenberg stated that the letter of apology should be forthcoming from the Governor's office. July So 1996 Page 4 PLANNING COMMISSION In response to C/McManus, CDD/DeStefano indicated an in-house application is pending- --for---a 117 room- -Countryside--Suites Motel project on the pad on the north side of Golden Springs Drive below SCAQMD south of the SR 60 between Copley Drive and Gateway Center Drive. ADJOURNMENT: At 7:50 p.m., there being no further business to come before the Planning Commission, VC/Ruzicka moved, C/McManus seconded to adjourn the meeting. There being no objections,. Chair/Goldenberg adjourned the meeting to July 22, 1996. Respectfully Submitted, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 6.1 July 5, 1996 July 22, 1996 Variance No. 96-1 A Variance to install a second wall sign on the northerly facade of a commercial building. 1370, Valley Vista Drive Diamond Barl, CA 91765 Trammell Crow 18529 E. Gale Avenue Industry, CA 91748 Robert McNichols University of Phoenix 4615 E. Elwood Phoenix, AZ 85072 The property owner, Trammell Crow and applicant, University of Phoenix are requesting, a Variance approval (pursuant to Code Section 22.56, Part 2) to install a second wall sign on the northerly facade of a commercial building which the applicant occupies. The project site is located at.1370 Valley, Vista Drive (Lot 8 and 9, Tract 39679) within a commercial development identified as Gateway Corporate Center. It has a General Plan land use designation of Professional office (OP). It is within commercial -Manufacturing-BillboardExclusion-Unilateral Contract (C-M-BE-U/C) Zone. 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. 11 The project site is approximately 5.94 gross acres. it is developed with an 84,000 square foot, two story, multi -tenant commercial office building. The building presently contains seven tenants. The University of Phoenix occupies portions of the first and second floors ( see Exhibit "All) which equals 33.6% of the building. The occupied space is utilized for administrative office, book store, resource 'center, vocational rooms and classrooms. Currently, the University of Phoenix has one wall sign (located on the building's northerly facing facade) with a 32.5 square foot sign face area. The City permitted this sign in September 1990. Two other wall signs exist (Kleinfelder and ReMax) on the northerly facade. ANALYSIS: The City's Sign Ordinance (adopted 1991) permits wall signs for individual uses by the following standards: 1. Wall Sicfns For Multi -Use Buildings or Commercial Centers. The maximum area is 1.25 square feet per one lineal foot of frontage, to a maximum 125 square feet per street level uses. For uses not located at street level which are visible from the street, courtyard, or public parking area, the maximum area is one (1) square foot per one lineal foot of frontage per use, to a maximum of 125 square foot. The maximum number is one per outer wall per use. No permit shall be issued for a wall sign in a multi -use building or commercial center in which more than one sign is proposed without the Planning Commission's review and approval; 2. Location of Wall Signs. Business signs shall be limited to those portions of a building within which such business is located or conducted; According to the Sign Ordinance's referenced standards, the applicant is allowed one wall sign, per outer wall, ;located on a portion of the building which it occupies. Currently, the applicant's existing wall sign complies with the City's Sign Ordinance. The University of Phoenix is requesting a second wall sign, 32.5 square feet which matches the existing wall sign. Additionally, this request includes locating the sign on a portion of the building not occupied by the applicant. This request deviates from the Sign Ordinance's standards, as referenced above in items number 1. and 2. As such, the second wall sign's installation requires a Variance approval by the Planning Commission. - The subject building's frontage facing Valley Vista Drive is approximately 432 lineal feet with two recessed entrances separated by 24 lineal feet of a glass block projection. Additionally, the 2 project site has two points of ingress and eqress, approximately 444. feet apart, adjacent to Valley Vista Drive. The applicant believes that this building's design, which creates a 12 foot deep glass block projection .(on the northerly facade), impedes visibility to the building's entrances and the existing wall sign. The applicant feels that this project creates separate elevations, with separate entrances for each end of the building. Furthermore, the applicant states that the University of Phoenix has two departments with different functions ' at each end of the building. The resource center is at the building's east end where the existing wall sign is located. Classrooms are in the middle of the building. Administrative offices are at.the building's west end. Therefore, the applicant feels a second wall sign is needed to direct visitors to the administrative office's closest entrance on the building's west end. The applicant also states that the property owner will not allow wall signs on the building's other facades. Therefore, because of the property owner's restrictions and according to the applicant, the building's design limitations, the only means available to satisfy the University of Phoenixfs sign requirements is to place a second wall sign in the proposed location ensuring visibility from both ends of the parking lot. The applicant feels that the second wall sign will facility traffic flow restricted by the building's design. The variance procedures is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of the City's Planning and Zoning Code develop through the strict literal interpretation and enforcement of Code. A Variance may be granted to permit the modification of several development standards including signs. Pursuant to the City's Sign ordinance, building frontage is defined as "the lineal extent of a building or activity which has frontage on either a public right-of-way or parking area. The length of the building facing the public right-of-way or, parking lot shall be used - to determine the amount of permitted signage." This definition does not make a distinction between varying planes on the same frontage and the lineal extent of the building. The projection creates separate planes on the building's frontage, but not separate frontages.. The City understands the University of Phoenix's need to identify the location of its different departments and functions for site visitors. However, an additional wall:sign located approximately 27 feet above ground level, with the proposed copy, will not fulfill this need. Staff believes that appropriate signage closer to eye level would be an appropriated solution to the applicant's stated problem. Staff has visited the project site and traveled routes mostly likely utilized by site visitors. The most likely utilized freeway exits are Grand -Avenue and Brea Canyon Road at Golden Springs Drive.. At these points, the subject building is not visible. From any of the freeway exits, traveling Golden Springs Drive will allow 3 a visitor to enter Gateway Corporate Center at Copley Drive or Gateway Center Drive leading to the project site. Approaching the site from this direction allows the existing wall sign's visibility. While the second wall sign may allow freeway visibility, it does not fulfill the applicant's stated reasons for -wanting a second wall sign. Staff finds that due to the northeast access approach (which is the most likely approach) to the site, the exiting wall sign is visible. However, upon entering the site and when on the site, directional signage closer to eye level and an improved interior directory would probably better serve the applicant's needs for more identification. ' The City's Sign Code offers the following types of signs for this purpose: 1. Freestanding Monument Sign with a maximum height of six feet and a maximum sign face area of 16 square feet. If the sign is located on property with frontage on a public right-of-way in excess of 65 feet in width (Valley Vista Drive's right-of-way at the project site is 66 feet wide) , the maximum sign face area is 24 square feet. one per frontage along a public street is permitted; 2. Incidental Sign with a maximum area of one square feet, window or wall mounted and one per use; and 3. Nameplate JAddress Sign with a maximum area of four square feet, wall mounted, two per building and may be illuminated with lighting no greater than 25 watts. The freestanding monument sign could be located at either driveway approach. The incidental sign. and nameplate signs could be strategically located on the building's exterior walls. Additionally, the interior directory could be more specific as to the locations of the different departments and functions of the University of Phoenix. Furthermore, the alternative suggested signage would facilitate vehicular and pedestrian traffic flow more than a wall sign two stories above ground level.. Staff has spoken with Sandford Kopelow, a member of Gateway Corporate Center's architectural committee. He state that the committee would probably approve ' a monument sign and incidental/ directional signs for the University of Phoenix site. After considering all the information presented by the applicant, researching the City's codes and field survey, staff feels denial of the variance request is appropriate. In this case, the strict literal interpretation of the Sign ordinance does not result in inconsistencies with the general purpose of the ordinance. Staff believes that approving the Variance would constitute a grant of special privilege. There are not exceptional characteristics applicable to the site that strict application of the Sign ordinance deprives the applicant of privileges enjoyed by other properties in the area. Additionally,- the public health and safety would best be served with signage closer to eye level than 27 feet 4 above ground level. The City's Sign Ordinance states that when. more than one wall sign is proposed for a multi -use building, is subject to the Planning Commission's review and approval.* If the Planning Commission finds it appropriated to approve this second wall sign, a Planned Sign Program must be presented to the Commission for review and approval. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that, the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15311 (a). NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on July 11, 1996. Public hearing notices were mailed to approximately .25 property owners within a 500 foot radius of the project site on July 9, 1996. RECOMMENDATIONS: Staff recommends that the Planning Commission deny Variance No. 961. - REQUIRED VARIANCE FINDINGS: 1. That because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical, zoning classification; and 2. That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and 3: That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent nt with the general purpose of such regulations and standards; and 4. That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity. 5 8 Prepared by: Ain J.ur OuAs /stant Planner Attachments: 1. Draft Resolution of Denial; 2. Exhibit "All - site plan, elevations, and sign plan and materials board dated July 22, 1996; 3. Application; 4. Gateiway Corporate Center's architectural committee approval dated February 15, 1996; and 5. Site photographs. N. A. 4,! PLANNING COMMISSION RESOLUTION NO. 96 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR*DENYING 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 (LOTS 8 AND 91 TRACT 39670) AT 1729 DERRINGER LANE (LOT 61 TRACT 24046), DIAMOND BAR, CALIFORNIA. RECITALS. 1.. The property owners, Trammell Crow and applicant, University of Phoenix, have filed an application for 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. 5. Notification of the public.hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on July 11, 1996. . . Twenty-five property owners within a 500 foot radius of the project site were notified by mail on July 9, 1996. 1 B. Resolution. 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 the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 5.94 gross acres site developed with an 84,000 square foot, two story, multi -tenant commercial office building. acres (1.23 net acres). The project site is located within Gateway Corporate Center at 1370 Valley Vista Drive, Diamond Bar, California. (b) 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). (c) 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. (d) The proposed Variance is a request to install a second wall sign with a sign face area of 32.5 square feet. Its installation location is approximately 27 feet above ground level, on the subject office building's northerly fa cade. (e) 'There are no special circumstances or exceptional characteristics applicable to the property. The strict application of the code does not deprive t ' he subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Other properties in the vicinity, under identical zoning classification have the same or similar lot configuration ' and topography. Additionally these properties have buildings with a similar architectural style as the subject building. (f) The Variance's approval will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. The applicant is creating its own hardship by not utilizing other types of signage offered by the City Sign Ordinance which -would be an appropriate solution to the applicant's stated problem. I I I (g) The strict application of zoning regulations including the City's Sign Ordinance, as they apply to the property, will not result in practical difficulties 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 does not result in inconsistencies with the Ordinance's general purpose; nor does it create uncessary hardship because the applicant can utilize alternative signage, offered in the Sign Ordinance, to accomplish its identification goals as stated in the submitted project application. (h) The Variance's approval may be materially detri- mental to the public health, safety, or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity. The applicant's intent is to provide signage that will facilitate vehicular and,pedestrian traffic flow on site. The second wall sign's proposed location is not at eye level. It will be 27 feet above ground level. Signage at that height does not facilitate vehicular and pedestrian traffic but may create an unsafe condition as drivers and pedes- trians seek directional signage/use identification at eye level. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby denies the Application. 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, Robert McNichols, University of Phoenix, 4615 E. Elwood, Phoenix, Az 85072; Trammell Crow,- 18529 E. Gale Avenue, Industry, CA 91748. APPROVED AND ADOPTED THIS 22ND DAY OF JULY, 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Mike Goldenberg, chairman 3 I, James DeStefano, Planning Commission Secretary, do hereby certi that the foregoing Resolution was duly introduced, passed, and adopptel, I by the Planning commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of July, 1996, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: . James DeStefano, Secretary 4 Record Owner CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Paz (909)861-3117 VARIANCE APPLICATION Name I K C, VIA 111 1-1 C-0060 (Last name first) Address s L City'%„ k c -�c y C f� Phone( ) 51 ,),- 3 ,�? 1 ,�- Applicant ft_00lqyt rte cfi �M �s22�n ,fir Y'C'� PhotV) �l6 6 s 3 case,# _VA P� 1. q 6 — DateRecd �5 a q (o Fee $�( Receipt# By CT 1-J .Sar v) 4 - Applicant's Agent metL*)- L* )- (Last name first) S % 3, V \ M ecce. U s— C/ Phone( NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. . (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant to file this request. Signed SEE ATTACHED (All record owners) Date Certification: I, the undersigned, hereby certify underpenalty ofperdury that the information herein provided is correct to the best of my knowledge. Printed N C C O A*Ap ant o*enSign Dai Location Ck vi tae is 1ti d l p k d 2 VI, 5e t f Gam•/ I S i� Y� s 1 J 4 V- N` (Street address or tract and lot number) between and street) _ LqC (Street) e m` , C ` p ) -f—yi� / zoning (' .tc, ��� vXC loin. l-dGL t �+i HNM �) �'� / C�� l r ' 13q(�� Project Sim (gross acres) f,4Ls�� `i].r�\eC�"1.t4 Project Density Previous Cases Present Use of Site___f�& 1 c �F_ M L4 1 , 12-,•t c� �t� Use applied for C C, uvN e Grading of Lots by Applicant': YIIS tvv tsmouM (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change:) - - -- - PLEASE SEE BELOW. Project Site• Gross Area o. of Lots Area devoted to : Structures Residential project: Proposed Density Open Space and Gross Area Units/Acres Number and types of Units Residential Parking: Type Required Total Required LEGAL DESCRIPTION: PAIRIM .. Provided Total Provided Lots 8 and 9 of Tract 39679 City od Diamond Bar, County of Los Angeles, State of California as per map recorded in the Book No. 1083 Pages 14 - 21* inclusive of maps in the Office of the County Recorder of said county as amended by a Certification of Correction recorded January 24, 1989,.as Instrument No. 89-123719, official records. ... ........ ZW CITY OF DIAMOND BAR Case,#-VQna .v u.•� �// —/ - - coAcminry DFvEL6PmxNT DEPARTMENT DateReed 21660 B. Copley Drive Suite 190 Fee (909)396-5676 Fax (909)861-311*7 Receipt# vARIANCE APPLICATION By I - 1Zecord. 91Nqev -TCEP.II avperties Name (Laski Address -,L852!j— lndusty, (11 • Applicant W - Applicant's Agent TMMIAMA (Last name first) NOTE: Itis 0 ha rlrPlicar,t'rl TASPonnbility to no . tify the Community DeveloP mentDirector in writing of any change of the principals involved during the processing of this cm. Igna.i turcs of mmibers of partnerships, joint ventures, and (Attach seraratm shed.; if limcssary, including names, addresses, and s directors of corporations.) C . onsent: I I;C;-tVy that I am the owner'of the herein described property and perm . It the applicant to file this request. Signed _L__.XLPLL�— Date. (All record owners) Cyistie Smith, naumall Q:0W SO. Cal_, Inc. as agat fcr ICP II xatian ;kArit Venture Certjflcaflo2�.T, the undersigned, hereby certVy underpenalt ofpedury that the information herein provided Is comet to the best of my knowledge. Printed Name (Applicant or Agent) .Signed _ ___ (Applicant igued(Applicant or Agent) Location— — (Strect address or tract and lot number) Zoning___ Project Size- (gross acres) Previous Cases Present Use of Site_. Date ite­ Use applied for Date and (street) HNM .—Project Density_ VARIANCE CASE BURDEN OF PROOF I# In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare or persons residing -or worldng, in'the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or other wise constitute a menace to the public health, safety or general welfare. AN ADDITIONAL SIGNAGE WILL NOT ADVERSELY AFFECT THE HEALTH,. PEACE, COMFORT OR WELFARE OF PERSONS RESIDING OR WORKING IN THE SURROUNDING AREA, OR WILL BE DETRIMENTAL TO THE USE, ENJOYMENT OR VALUATION OF PROPERTY OR OTHER PERSONS'LOCATED IN THE VICINITY OF THE SITE, NOR WILL IT JEOPARDIZE, ENDANGER OR OTHERWISE CONSTITUTE A MENACE TO THE PUBLIC HEALTH, SAFETY OR GENERAL WELFARE. 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 Ordinance, or as is otherwise required in order to integrate said use with the uses in the surrounding area. THE EXISTING SITE.IS ADEQUATE IN SIZE AND SHAPE.. C. That the proposed site is adequately served: 1. By highways or streets of sufficient 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 EXISTING SITE IS ADEQUATELY SERVED BY HIGHWAYS OR STREETS OF SUFFICIENT WIDTH AND BY OTHER PUBLIC AND PRIVATE SERVICE FACILITIES AS ARE REQUIRED. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification. THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY INVOLVED. That such variance is necessary for the preservation of a substantial property .right of the applicant such as that possessed by owners of other property in the same vicinity and zone. SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION OF A SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT. F. That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE OR BE INJURIOUS TO OTHER PROPERTY OR IMPROVEMENTS IN THE SAME VICINITY AND ZONE. L L, '96 JUN 18 P 2 :19 Variance Case No. 96-1 -Burden of Proof Question .A.1-3 The University of Phoenix is requesting one additional sign that is in total for the area except for the restriction on multiple compliance with all sign criteria sips for the same user on the same elevation' An additional sign in no way adversely affects the health, peace, comfort or welfare of anyone in the eanor Is any Other njoyment or valuation Of a an additional sign detrimental to the use, e J - e with all properties in the vicinity. Furthermore a sin that is in full compliance pub c desliign criteria does not jeopardize, endanger of constitute. any menace to health, safety or welfare. Question B. The lots 8 & 9 of Gateway Corporate Center, which was , building is constructed on program. approved for a total of 6 sign in designated locations in the Original sign e and the proposed sign by the University The building currently has 3 signs in plansigns. There are no size Or shape of Phoenix will -replace one- of these existing would preclude the proper installation of this sign. restrictions which i . Question C 1-2 The boding was built in 1989 and all necessary improvements and facilities are in place. CIT ibir 1--i W r. il 't F L ING3., EL '96 JUN 18 P 2 :20 Question D. The design of the building contains an offset of 12 feet on either end of the building whereby the glass face Of the building'extends out 12 feet andblocks visibility of the entrances to,the building and visibility of approved sign locations. This offset in essence creates a separate elevation with separate entrances on each end of the building. The University of Phoenix has two departments with different fimction's at each end of the building and also occupies space on both the first and second floors of the building. The additional sign is needed to direct visitors to the entrance closest to the administrative offices on the south end. This entrance is not visible from. the north entrance due to the offset of the building. Furthermore, the Owner of the building and the Gateway Corporate Center Sign Plan do not allow signage on the other elevations of the building nor will they allow signs on the glass section of the wall on the elevation facing Valley Vista Drive. This fact prohibits the University of Phoenix from placing the additional sign on a portion of the building that we occupy. Therefore, because of the design limitations and the restrictions placed by the Owner, the only means available to satisfy the sign requirements of the University of Phoenix is to place an additional sign at the opposite side of the glass wall section to ensure visibility from both ends of the parking lot. This is the only location approved by both the building Owner and the Gateway Corporate Center sign plan. r{ T 1' 0 F 0 1 1� 1 IJ PLHG., 131-0G., '96 JUN 18 P 2 :20 Quesdon E. z The University of Phoenix occupies nearly 35% of the building and attracts in excess of 200 visitors per day. The additional sign will facilitate the flow of traffic that may be restricted by the limitations that the design of the building places on the visibility of the existing signs. The existing sign that will be replaced (RpMax Realty) belongs to a former tenant of the building that occupied the same space in the building that* the University of Phoenix presently has* their administrative offices. This sign location has been designated by the Owner to serve the offices on the east side of the building which do not front on the west side, where all approved sign locations are designated. The building to the north of the subject building at 1360 Valley Vista Drive has two signs- for the same occupant of that project, which is Bryan A. Stirrat & Associates. These signs are located on two different elevations of the building, however the building has a flat face and visibility from the same elevation is not a problem. As stated in D above, the design of the subject building is such that two signs on the same elevation are not necessarily visible from the driveway entrances to the property. thus creating difficulty for our visitors to find the appropriate entrance. Question F. The granting of a variance for an additional code compliant sign for the University of Phoenix in a location that has been approved for a sign, on an elevation that is set apart by a major structural offset and that is replacing an existing sign of a former occupant of the building that may not be in compliance does not present any detriment to the public welfare or is in any way injurious to other properties in the vicinity. As stated above the building at 1360 Valley Vista Drive has two signs for the same use and has not been deemed to be a detriment or injurious to others. Staff Use ProjectNo. _Ilt� rtto�J RMAL STUDY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: NAAML NAME `2D U C, b r_ ADDRE S ADDRESS PHONE # PHONE # 1. Action requested and project description:_ COY ► n n n ► . 2. Street location of project:_'>y}� 3a. Present use of site: c�(c s �. h tYt H' L+ �.� t P 9 'u ► tc t cL 3b. Previous use of site or structures: �f 4- 4. Please list all previous cases (if any) related to this project: S. Other related permit/approvals required. Specify type and granting agency. I VN 6. Are you planning future phases of this project? Y O If yes, explain:_ N �- 7. Project Area: Covered by structures, paving: Landscaping, open space: Total Area: 8. Number of floors: 9. Present zoning:. 10. Water and sewer service:', • • Domestic Public Water Sewers Does service exist at site?Y N O N If yes, do purveyors have capacity to meet demand of project and all other approved projects?e'� GY) N If domestic water or public sewers are not available, how will these services be provided? Residential Projects: ) �j� 11. Number and type of units: f�./ f V --- 12. Schools: What school district(s) serves the property? —�--- Are existing school facilities adequate to meet project needs? YES NO If not, what provisions will be made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) rrn ,1 14. Number and floor area of buildings: _ _ ea oDo �- 15. Number of employees and shifts: �00 16. Maximum employees per shift: 17. Operating hours:_ 18. Identify any: End products Waste products r"' - Means of disposal vJc)-^ 19. Do project operations.use,•,store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive Is? YES NO If yes, explain B. ENVIRONMENTAL INFORMATION 1. Environmental Setting Project Site a. Existing use/structures b. Topography/slopes J eio' j Q& *c. Vegetation *d. Animals *e. Watercourses f% f) --- f. Cultural/historical resources g. Other _ 9A- 2. Environmental Setting — Surrounding Area a. Existing uses structures (types, densities): 0 -, LQ b. Topography/slopes iv\i6` - VX %A -yC *c. Vegetation *d. Animals *e. Watercourses £ Cultural/historical resources ((� g. Other * Answers are not required if the area does not contain natural, undeveloped land. 21. Identify any flammable, reactive or explosive materials to_be_located-on-site. - 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway?. YES NO If yes, explain Are there any major trees on the site, including oak trees? FS) NO If yes, type and number: M 4. Will any natural watercourses, surface flow patterns, etc., be changed through project.development?: YES NO If yes, explain: 5. Grading: Will the project require grading? YES NO If yes, how many cubic yards? Will it be balanced on-site? YES NO V v/ If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO If yes, explain• 7. Is the property located within a high fire bazard area (hillsides with moderately dense vegetation)? YES CNO Distance to nearest fire station: 8. Noise: fn Existing noise sources at site: Noise t4 be generated by project: Fumes: Odors generated by project: Could toxic fumes be generated? 9.. What energy -conserving designs or material will be used? i 0 RECEI`1.0 CITY Or 014M,ML, ;fit? - rLI4G.. BLDG.. EIN r WALL FACE5 & 5TAND-OFF CLIP5 A5,.. RETURN5 PRIMED ° 0 ° ° REQUIRED AND PAINTED o o° 0 v O GLA55 0 0 TUBE 0 SUPPORTS °0 0 ° P -K HOU5ING5 0 o FLEXIBLE ° °° ° 4500 WHITE = CONDUIT NEON TUBE _ ° 00 ° °50 ° M.A. IN5TALLATION � TRAN5FORMER 0 ° 6OLT5 IN WALL ° CONTAINED WITHIN 0 ANCHOR5 A5 ° ° U -L APPROVED BOX REQUIRED. 0 p WITH P15CONNECT 0 v 5WITCH. 5ECTI®N THRU TYPICAL' HAL®' ILLUMINATE® LETTERSET. FD -1003-96 dM0G3C�C�O ll°Ni1N0 • I/ON• SIGNAL JET BLACK 41-306 EX 1 31T_ fL__1/72/9�, WNW" GATEWAY CORPORATE CENTER ASSOCIATION 1661 HANOVER ROAD • CITY OF INDUSTRY, CALIFORNIA 91748 • FAX (818) 913.6169 • TELEPHONE (818) 913.0030 February 15, 1996 via fax (602) 443-0758 and regular mail Mr. Bob Burney MANAGEMENT CONSULTANT 12120 North Seventy -Sixth Place Scottsdale, Arizona 85260 RE. ARCHITECTURAL COMMITTEE REVIEW EXTERIOR BUILDING SIGNAGE UNIVERSITY OF PHOENIX 1370 SOUTH VALLEY VISTA DRIVE DIAMOND BAR, CALIFORNIA Dear Mr. Burney: The Architectural Committee has received an 81/z" x 14" sign drawing, prepared by "FLUORESCO", dated November 22, 1995, submitted for review and approval for conformance with the Gateway Corporate Center Design Guidelines. The sign consists of the words "UNIVERSITY OF PHOENIX" on one line 91/z inches high x 20 feet long, constructed of black aluminum reverse pan channel letters with white neon "halo" internal illumination. The proposed sign will be identical to the existing University of Phoenix sign,and thus the University of Phoenix will have two of the six signs permitted for this building in our sign interpretation letter of August 10, 1989. The Architectural Committee approves the sign as submitted. Please obtain approval from the City of Diamond Bar and the building owner, Trammel Crow Realty Advisors, prior to installation. Enclosed are two approved stamped copies of the sign drawing, dated February 14, 1996. Very truly yours, F111 LL: Dei! mening Byron Pinckert, Member Carol Truman, Trammel Crow Reality Advisors ti 2? 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