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Home My WebLink AboutPC 93-24r RESOLUTION NO. 93-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING PLANNED SIGN PROGRAM NO. 93-3 AND CATEGORICAL EXEMPTION, AN APPLICATION TO INSTALL A MONUMENT SIGN LOCATED AT 1196 S. DIAMOND BAR BOULEVARD. A. Recitals 1. The applicant,AcmejWiley and the property owner, Nikko Capital Corporation have filed an application for Planned Sign Program No. 93-3 to install a freestanding monument sign six feet in height and 18.32 square feet in sign face area located at 1196 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as describ- ed in the title of this Resolution. Hereinafter in this Resolution, the subject Planned Sign Program application is referred to as the "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 Draft 1993 General Plan pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 9 I I l01111P I'll, ..17r-.,.-e.�..._...m. ,�--a,--- r 11 111 6 it ri 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 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 guideline promulgated thereunder, pursuant Section 15311, Class 11. of Division 13 Article 18 of the California Code of Regulations. 3. The Planning Commission 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 Planning Commissionthat the project as proposed, 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 the Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. Notwithstanding any previous subsection of this Resolution, if thei'` Department of Fish and Game requires payment of a fee!` pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a parcel of approximately 22,500 square feet developed with a one story commercial structure located within an existing retail shopping center within the Unlimited Commercial -Billboard Exclusion Zone (C -3 -BE). The project site has a Draft 1993 General Plan Land Use designation of General Commercial (C)) and is located at 1196 S. Diamond Bar Blvd.,. --City of Diamond Bar, California. (b) Generally, the following zones surround the project site: to the north is Single Family Residential (R-1) Zone; to south, and west is Unlimited Commercial -Billboard Exclusion (C -3 -BE) 2 r ! , - , . ', . , — « . -11 1 i .__ , . a. T, Y ..-.. I . M 1,.1111.,,, ,il -.-I'll - —, 'TIT11 r . , 1 [ i ni11,0,71 U .-gym env ..., m -11-- .,..rm 1-, Zone; and to the east is Unlimited Multiple Residential -minimum lot size 8,000 square feet -30 units per acre (R -3-8,000-30U) Zone. (c) The subject site for the sign is -adequately served by Diamond Bar Boulevard and Grand Avenue. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the sign. (e) In accordance,with the procedures set forth in Ordinance No,.4 (1992), substantial evidence exists, considering the record as a whole, to determine that the proposed sign will not be detrimental to or interfere with the Draft 1993 General Plan. (f) The proposed sign will be legible to the intended audience under normal viewing conditions based on the location and the design of the visual element. (g) The proposed (sign will not obscure from view or detract fro* existing signs, based on the location, shape, color, and other similar considerations'. (h) The proposed$ign will be in harmony with adjacent ; properties acid surroundings based on the size, shape, height, color, placement, and the proximity of such signs to adjacent properties and surroundings. (i) The proposed I,sign will be designed, constructed, and located so that it will not constitute a hazard to thel,public. (j) The proposed !sign complies with the City's Sign Ordinance No.15 (1991). 5. Based upon substantial evidenceandconclusion set forth hereinabove, this Planning Commission approves this Application subjec-_ to the following conditions: (a) The sign shal11 substantially conform to site plan and elevations collectively labeled Exhibit "A" dated July 26'I, 1993. (b). 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 entitlement granted herein. 3 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 4"'1I4C� 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. (c) The Applicant shall remove existing pole sign prior to the issuance of a building permit for the monument sign. (d) The base of the monument sign shall be constructed from the same type and color of block utilized for the block wall within the planter area to create compatible with existing structures structures within the shopping center. Within 30 days of approval of this Resolution, the Applicant shall submit revised plans identifying the materials to be utilized for the base of the monument sign for reviewed and approval of the Planning Department. (e) The Applicant shall add an address plate to the ^' monument -sign which shall not exceed four (4) square feet.+ (f) The Applicant shall replace landscaping and irrigation disturbed during the installation of the monument sign. (g) The Applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (h) This grant is valid for one year and must be exercised (i.e. commenced 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. (i) 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 4 I --x� L_nnrldwkdllxYV14kd'V 41W l.,»+..-,. ., - i,=i- 1-1-1., 1---- 1-.-1 effective until the permittee pays remaining City processing fees. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Acme/Wiley, 9359 Feron Blvd., Rancho Cucamonga, CA 91730 and Nikko Capital Corporation, 20 N. Raymond, Pasadena, CA 91103. APPROVED AND ADOPTED THIS THE 26TH DAY OF JULY 1993, BY THE PLANNING CO"S 9N OF THE CITY OF DIAMOND BAR. BY A"i Davi"eyer;, hairman 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 26th day of July, 1993, by the following vote: _ AYES: [COMMISSIONERS:] Meyer, Flamenbaum, Grothe & Li NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Plunk ABSTAIN: [COMMISSIONERS:] ATTEST: JepsDeStMefano, Sec etary.