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Home My WebLink AboutPC 94-03y_ -, ,u.411"'1_.._,.-_., u,,.,._......,.M____-- 1-1.-_11___ ,. __ _ - - RESOLUTION NO. 94-3 j A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING PLANNED SIGN PROGRAM NO. 94-2 AND CATEGORICAL EXEMPTION (SECTION 15301, Class 1), AN APPLICATION FOR A PLANNED SIGN PROGRAM FOR AN EXISTING COMMERCIAL SHOPPING CENTER IDENTIFIED AS DIAMOND BAR TOWNE CENTER LOCATED AT 1180 SOUTH DIAMOND BAR BOULEVARD (TRACT 35026, LOTS 28, 29, 30, 31, AND 32). A. Recitals 1. The applicant/property owner, Nikko Capital Corporation has filed an application for Planned Sign Program No. 94-2 for an existing commercial shopping center located at 1180 South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review 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. 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. 3. 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. 4. The Planning Commission of the City of Diamond Bar, on March 14, 1994 conducted a meeting on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 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 requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301, Title 15 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 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. 4. Based upon the findings and conclusions set forth herein, this Commission, hereby finds as follows: (a) The project relates to a site consisting of 5 parcels of approximately 9.50 acres developed with a commercial shopping. The project site is within the Unlimited Commercial -Billboard Exclusion (C -3 - BE) Zone with a contemplated draft General Plan land use designation of General Commercial (C). The project site is located at 1180 South Diamond Bar Boulevard, City of Diamond Bar, California. (b) Generally, the following zones surround the project site: to the north is Single Family Residential -Minimum Lot Size 8,000 Square Feet R- 1-8,000)Zone; to the south is C -3 -BE Zone; to the east is R-1-8,000 and Unlimited Multiple Residential -Minimum Lot Size 8,000 Square Feet -30 y R- a, Id,r Units (R -3-8,000-A) Zones; and to the west is C -3 - BE Zone. (c) The project site is adequately served by Grand Avenue and Diamond Bar Boulevard. (d) The proposed Planned Sign Program complies with the City's Sign Ordinance No. 5 (1991). (e) 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 draft General Plan. (f) The proposed Planned Sign Program will have signs that are legible to the intended audience under normal viewing conditions based on the location and the design of the visual element. (g) The proposed Planned Sign Program will not have signs that obscure from view- or detract from existing signs, based on the location, shape, color, and other similar considerations. (h) The proposed Planned Sign Program will be in harmony with adjacent properties and surroundings based on the size, shape, height, color, l placement, and the proximity of such signs to adjacent properties and surroundings. (i) The proposed Planned Sign Program will be designed, constructed and located so that they will not constitute a hazard to the public. 5. Based upon findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to all plans dated March 14, 1994 collectively labeled Exhibit "A" as submitted to and approved by the Planning Commission. (b) The Applicant shall attach address numerals to all freestanding monument signs with a minimum height of six (6) inches within 30 days of approval of this resolution. - (c) The Applicant shall add to the written Planned Sign Program a declaration stating "All signs shall are required to comply with the City of 3 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, Nobuo Okumura, Vice President, Nikko Capital Corporation, 3961 MacArthur Boulevard, #105, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS THE 14TH DAY OF MARCH, 1994, BY THE PLTe: OMMISSION OF THE CITY OF DIAMOND BAR. BY: Da, airman 4 Diamond Bar's Sign Ordinance" and submit the revision to the City within 30 days of approval of�� this resolution. (d) '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 within fifteen (15) days of approval of this grant, 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. (g) The Applicant shall comply with Planning and Zoning, Building and Safety, and Engineering requirements. (h) Notwithstanding any previous subsection of this - resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the applicant prior to the issuance of any building permit or any other entitlement. (i) The subject property shall be maintained and , operated in full compliance with the condition of this grand and any law, stature, 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Nobuo Okumura, Vice President, Nikko Capital Corporation, 3961 MacArthur Boulevard, #105, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS THE 14TH DAY OF MARCH, 1994, BY THE PLTe: OMMISSION OF THE CITY OF DIAMOND BAR. BY: Da, airman 4 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 14th day of March, 1994, by the following vote: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] Plunk, Flamenbaum, Fong, Schad None None None "'N' f: - ATTEST: Jams DeStefan�, Secretary 11111 N111 - �u --'=711-17777111'1! -_ . 5 11111 N111 - �u --'=711-17777111'1! -_ .