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HomeMy WebLinkAboutPC 93-27PC RESOLUTION NO. 93-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING VARIANCE NO. 93-2 AND A REQUEST TO RELOCATE AND REORIENT AN EXISTING 24 FT. TWIN POLE SIGN AT THE MOBIL OIL STATION LOCATED AT 350 N. DIAMOND BAR BLVD, DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Donco & Sons, Inc., acting as agent for Mobil Oil Corporation, 3800 W. Alemeda 1700, Burbank CA., 91505 has filed an application for Variance No. 93-2 for property located at 350 N. Diamond Bar -Blvd., Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance application is referred to as "Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation 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, 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 (iii) On July 27, 1993 the City Council of the City of Diamond Bar adopted Resolution No. 93-58 adopting the General Plan and adopted Resolution No. 93-57 certifying the adequacy of the addendum to the Environmental Impact Report for the 1993 General Plan. (iv) On August 9, 1993 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (v) 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. 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. Based upon substantial.,. evidence presented to the Planning Commission during the above public hearing and oral testimony provided at the hear- ing, the Director hereby specifically finds as follows: (a) The project relates to a site comprised of approximately .44 acres and is developed with an existing one story building which IPP�t currently allows automotive repairs within and the dispensing of gasoline and related products. The site is located within the C-2 Zone, located at 350 N. Diamond Bar Blvd., in the City of Diamond Bar, California; (b) The subject site is surrounded by commercial development to the north and west, residential development to the east, and a middle school located to the south. (c) The subject site is served by Diamond Bar Blvd., a major roadway and by Golden Springs Drive, a secondary roadway. (d) The impetus for this application is the result of a code enforcement action arising from the non -permitted relocation of the twin pole sign. (e) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use and is surrounded by other commercial uses; (f) The Variance may have an adverse impact on adjacent or adjoining uses. It may be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and may adversely affect the health or welfare of persons residing in the surrounding area. (g) There are no special circumstances or exceptional characteristics applicable to the property, and the strict application of the code does not deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (h) The Variance authorization 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. (i) The strict application of zoning regulations as they apply to the subject property will u. not result in practical dsfficulties or unnecessary hardships inconsistent with the 2 general purpose of such regulations and standards. i (j) Notification of the public hearing for this project has been made in the San Gabriel Valley Daily Tribune and the Inland Valley Daily Bulletin 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby denies the application. The Planning secretary Shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Mobil Oil Corporation, at the address as set forth on the application. APPROVED AND AD frHIS THE 9TH DAY OF AUGUST, 1993, BY THE PLAN1$1 C ON OF THE CITY OF DIAMOND BAR. BY: Meye h@L' man Attest: Jaws DeStefano, Secretary 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 9th day of August, 1993, by the following vote -to -wit: AYES: [COMMISSIONERS:] Grothe, Plunk, Flamenbaum, Li Myer NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] i 3