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HomeMy WebLinkAboutPC 94-01PC RESOLUTION NO. 94-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING PLANNED SIGN PROGRAM NO. 94-1, AN APPLICATION TO CONSTRUCT A 6 FT., 24 SQ. FT. FREESTANDING SIGN FOR A NURSERY LOCATED AT 20875 GOLDEN SPRINGS DR. AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Simon Chu acting as the agent for the applicant Emilio Estrada, 14122 Don Julian, La Puente, California 91746, has filed an application for a Planned Sign Program No. 94-1 for a wholesale nursery located at 20875 Golden Springs Dr., Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Re- solution, the subject Planned Sign Program application is referred to as "Application". (ii) 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. 1, 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. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. (iv) On February 14, 1994, the Planning Commission of the City of Diamond Bar conducted review of the application and concluded said public hearing on February 28, 1994. (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. 1 2. Based'upon the findings and conclusions set forth herein, this Commission, in conformance with the objectives of the contemplated General Plan of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately on 1.27 acres developed with a wholesale nursery within the C -3 -BE (Unlimited Commercial, Billboard Exclusion) Zone. (b) Generally, to the north is the SR 60 freeway; to the south multi -family residential development, to the west is vacant extension of the subject site and an existing commercial office, and the eastern property is developed -with commercial retail development. (c) The subject site for the project is adequately served by Golden Springs Drive. (d) Substantial evidence exists, considering the record as a whole, to determine that the project, as proposed, is not in conformance with the future General Plan. (e) This project is not in compliance with the aesthetic intent and the intent to grant compatible signs for commercial uses pursuant to the Section 22.100.B of the Sign Ordinance. 0 (f) Approval of this project as proposed will have an adverse impact on adjacent or adjoining residential or commercial 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. 3. Based upon the substantial -evidence and conclusion set forth herein above in paragraphs 1 and 2 and the findings set forth below in this Resolution, presented to the Planning Commission on February 28, 1994 and concluded the public meeting on February 28, 1994 as set forth above, the Commission, hereby - denies the application as submitted: 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, Simon Chu and Emilio Estrada at the addresses on file with the City. n 2 v�111"�ti II1'w 11 ' i APPROVED AND ADOPTED THIS THE 28TH DAY OF FEBRUARY, 1994 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:qMeyer, Davman 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 28th day of February, 1994, by the following vote: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ATTEST: 1 Jam�)DeStefano, Secretary 1 Meyer, Plunk, Flamenbaum, Grothe, Li 3