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Home My WebLink AboutPC 93-09PLANNING COMMISSION COMMISSION `-° RESOLUTION NO. 93-9 i A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 92-3 AND NEGATIVE DECLARATION N0.92-7, AN APPLICATION FOR APPROVAL OF SIX (6) MONUMENT SIGNS FOR A RETAIL SHOPPING AND PROFESSIONAL CENTER IDENTIFIED AS DIAMOND BAR VILLAGE LOCATED AT 325-379 S. DIAMOND BAR BLVD. AND 23341-23499 E. GOLDEN SPRINGS DRIVE. i I A. Recitals 1. Steve Porretta, President of Southland Management, Inc., has filed an application for a Variance No. 92-3 for a property located. at 325-379 Diamond Bar Blvd. and 23341- 23499 E. Golden Springs Drive, Diamond Bar, California, as described in the title of this Resolution. Herein- after in this Resolution, the subject Variance applica- tion is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), 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 contains 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. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on April 12, 1993 conducted a duly noticed continued public hearing on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 1 -u 1111 It P7f� :77 IMH' b l' B. Resolution NOW, THEREFORE, it is found, determined and resolved- by the Planning Commission of -the City of Diamond Bar as follows:'' 1. The 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. The Planning Commission hereby certifies that an Initial Study and Negative Declaration was prepared and which analyze this Applications and that said Initial Study and Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and Negative Declaration was completed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and that the Planning Commission has reviewed and considered the information contained in said Initial Study and Negative Declaration. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have, the potential of an adverse effect on wildlife resources or the habitat upon 'which the wildlife depends. Based upon substantial evidence presented in the record before this Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Notwithstanding the provisions of the paragraph, the applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of fish and Game prior to the issuance of any building permits. 4. Based upon substantial findings and Conclusions set forth herein, this Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately eight (8) acres developed with a retail shopping center and professional center identified as Diamond Bar Village within the Commercial Planned Development (CPD) zone with the contemplated General Plan designation of General Commercial (C) and is located at 325-379 S. Diamond Bar Blvd. and 2 II ,r , blas ..0.o;�4e .� �.• s4�w�... �_-�_ 23341-23499 E. Golden Springs Dr., City of Diamond Bar, California, 91755. (b) Generally,, property to the north is the Pomona Freeway and Neighborhood Business -Billboard Exclusion (C -2 -BE) zone; to the south is Limited Multiple Residence -1 unit per acre (R-3-1U)zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 -BE) and Single Family Residence - Minimum Lot Size -10,000 square feet (R-1-10,000) zones; to the west is Limited Multiple Residence - 15 units per acre (R -3-15U zone. (c) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use. (d) The subject site for the project is adequately served by Diamond Bar Blvd. and Golden Springs Drive. (e) The Variance approval will not have an adverse im- pact on adjacent or adjoining residential uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and will not adversely affect the health or welfare of persons j residing in the surrounding area. (f) The Variance 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. (g) The Variance authorization 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. (h) The strict application of zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. (i) Substantial evidence exists, considering the record as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the contemplated General Plan. (j) Notification of the public hearing for this project has been made in the. San Gabriel Valley Tribune -and the Inland Valley Daily Bulletin��" newspapers on November 20, 1993. Notification of C 155 'property owners within a 500 foot radius of the project site was mailed on November 19, 1992. 5. Based upon the findings and conclusions set forth herein above in,paragraphs 1, 2, 3, and 4,' and conditions set forth below in this Resolution presented to the Planning Commission on April 12, 1993 continued public hearing as the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall conform to all plans dated January 25, 1993 as submitted to and approved by the Planning Commission labeled Exhibit "B" dated January 25, 1993. No other signs are permitted as part of this application. (b) The Applicant shall comply with requirement of Building and Safety, Planning and Zoning and Engineering Departments. (c) The three monument signs located adjacent to buildings A, D, and H shall have a maximum height of ten (10) feet and a maximum width of ten (10 ) feet. Said monument signs shall be utilized solely for tenant identification. (d) The three monument signs located adjacent to buildings B, E, and I shall have a maximum height of six (6) feet and a maximum width of ten (10) feet. Said monument signs shall be utilized solely for retail and professional center. identification. (e) Applicant shall remove all existing non -permitted ? signs which are not part of this approval within 60 days of .approval of this Variance as described in this Application. (f) Applicant shall submit, within 60 days of approval of this resolution, plans for the redesign of the monument signs, referred to in subsections (c) and (d) above, for review and approval of the Community Development Director. (g) Applicant shall replace no less than two (2) existing monument signs at 12 month intervals commencing at the time of approval of this `r Resolution. Installation of the six (6) monument r; F 4 — — 1..1-1,..,J,LV"Ad 4-. ,i.I— — ----1J�� ,- --- signs shall be completed in three (3) years from approval of this Variance. (h) This grant shall be contingent upon approval and implementation of Planned Sign Program No. 92-2. (i) 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 entitlements 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 duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (j) 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, at the City of Diamond Bar Community Development r Department, their affidavit stating that they are j, aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (k) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject property. (1) This grant shall be valid for one year and must be exercised (i.e. construction) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date of this grant. The Planning Secretary Shall: (a) Certify to the adoption of this Resolution; and 5 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Steve Porretta, President, Southland Management, Inc., 601 S. Glenoaks Blvd., 1301, Burbank, California, 91502. APPROVED AND ADOPTED THIS THE 12TH DAY OF APRIL, 1993 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 'Bruce Flamenbaum, Chairman I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of April 1993, by the following vote -to -wit: AYES: [COMMISSIONERS:] Li, Plunk, Meyer, Flamenbaum NOES: (COMMISSIONERS:] Grothe ABSENT: (COMMISSIONERS:) Attest: 4mes DeStefano, Secretary 0 011