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Home My WebLink AboutPC 93-10PLANNING COMMISSION RESOLUTION NO. 93-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING PLANNED SIGN PROGRAM NO. 92-2 AND CATEGORICAL EXEMPTION (SECTION 15301. CLASS 1), AN APPLICATION FOR A PLANNED SIGN PROGRAM WITHIN THE DIAMOND BAR VILLAGE RETAIL SHOPPING AND PROFESSIONAL CENTER LOCATED AT 325-379 S. DIAMOND BAR BLVD. AND 23341-23499 E. GOLDEN SPRINGS DRIVE. A. Recitals 1. Steve Porretta, President of Southland Management, Inc., has filed an application for a Planned Sign Program No. 92-2 for Diamond Bar Village retail shopping and professional center located at 325-379 Diamond Bar Blvd. and 23341-23499 E. Golden Springs Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolu- tion, the subject Planned Sign Program application 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. i 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 meeting on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. L 1 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 finds and determines that the project identified above in this Resolution is categorically exempt from the requirement of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301. Class 1. of Division 6 of Title 14 of the California Code of Regulations. 3.' The Planning Commission hereby specifically finds and determines that, having considered the record as a whole,including the findings' set forth below, and changes and alterations which, have been -incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this 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 j depends. Based upon substantial evidence presented in the record before the Commission, the 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 this 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 the 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 23341-23499 E. Golden Springs Drive, City of Diamond Bar, California 91765. 2 .. �... _.,,.., 1A _,,.. A, ..,� ► �.. - - _-,'"J,,.,AJl'Mi�j1144,�..,m.',N _.,.._M._,-. u� - I'll II, .,,. , ..--- _„ _ "__.. a , . (b) Generally, property to the north is the Pomona r Freeway and Neighborhood Business -Billboard Exclusion (C -2 -Be) zone; to the south is Limited L Multiple Residence -1 unit per acre (R -3-1U) zone; to the east Neighborhood Business -Billboard Exclusion (C -2 -BE) and Single Family Residence - Minimum Lot Size- 10,000 square feet (R-1-10,000) zones; and to the west is Limited Multiple Residence -15 units per acre (R -3-15U) zone. (c) The Planned Sign Program will be legible to the intended audience under normal viewing conditions, based on their location and the design of their visual element. (d) The Planned Sign Program will not obscure from view or detract from existing signs, based on their location, shape, color and other similar considerations. (e) The Planned Sign Program will be in harmony with adjacent properties and surroundings, based on the size, shape, height, color, placement, and the proximity of such signs to adjacent properties and surroundings. (f) The Planned Sign Program will be designed, constructed, and located so that it will not constitute a hazard to the public. (g) Substantial evidence exists, considering the record as a whole, to determine that the Planned Sign Program, as proposed and conditioned herein, will not be detrimental to or interfere with the contemplated General Plan. (h) This project is in compliance with the Sign Ordinance. (i) Approval of this project will not have an adverse impact on adjacent or adjoining residential or commercial 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 residing in the surrounding area. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, 4, and conditions set forth below in this Resolution, presented to the Planning Commission on April 12, 1993, continued 3 public hearing as set forth above, 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 "A", 11A- 1", and "B". No other signs are permitted as part of this application. (b) The three monument signs located adjacent to buildings A, D, and H shall be no larger in size than permitted by the City's Sign Ordinance, unless the applicant, by approval of Variance No. 93-3 is permitted to exceed the size of monument signs. Said monument signs shall be utilized solely for tenant identification. (c) 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 profession center identification. (d) Applicant shall submit, within 60 days of approval of this resolution, plans for the redesign of the monument signs, refer to subsection (b) and (c) above, for review and approval of the Community Development Director. (e) Applicant shall replace no less than two (2) existing monument signs at 12 month intervals commencing at the time of approval of this resolution as describe in the Application. Installation of the six (6) monument signs, which are part of this Application, shall be completed in three (3) years from approval of this Planned Sign Program. (f) Applicant shall submit to the City, within 30 days of approval of this Resolution, a revised written Planned Sign Program which incorporates changes approved by the City. (g) Applicant shall remove all existing non -permitted signs which are not part of this approval within 60 days of approval of this Planned Sign Program as described in this Application. (h) Temporary signs shall comply with the City's Sign Ordinance. 4 (i) This grant shall be contingent upon approval and implementation of Variance No. 92-3. (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 Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining Planning Division processing fees. I (k) 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 rrr, applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (1) 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 Department, their affidavit stating that they are aware of and agree to accept all the condition os this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (m) The subject property shall be.maintainedand 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. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and r` (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Steve Porretta, President, Southland Management, Inc., 601 S. Glenoaks Blvd., #301, 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: AYES: [COMMISSIONERS:] Li, Plunk, Meyer, Flamenbaum NOES: [COMMISSIONERS:] Grothe ABSENT: [COMMISSIONERS:] ABSTAIN: [C SS ATTEST: James DeStefano, Secretary z 1 6