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Home My WebLink AboutPC 95-01PC RESOLUTION NO. 95-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 94-3, AN APPLICATION TO INSTALL THREE TENANT IDENTIFICATION MONUMENT SIGNS - A MAXIMUM HEIGHT OF 10 FEET WITH A MAXIMUM SIGN FACE AREA OF 36.75 SQUARE FEET AND NEGATIVE DECLARATION NO. 92-7 FOR A RETAIL AND PROFESSIONAL CENTER IDENTIFIED AS DIAMOND BAR VILLAGE LOCATED AT 325-379 SOUTH DIAMOND BAR BOULEVARD AND 23341-23499 EAST GOLDEN SPRINGS DRIVE. A. Recitals 1. Steve Poretta, has filed an application for Variance No. 94-3 for a property located at 325-379 South Diamond Bar Boulevard and 23314-23499 East Golden Springs Drive, Diamond Bar, Los Angeles County, California, as describ- ed in the title of this Resolution. Hereinafter in this Resolution, the subject Variance 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. 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 the Office of Planning and Research extension granted pursuant to California Government Code Section 65361. 04 4. The Planning Commission of the City of Diamond Bar, on January 9, 1995 conducted a duly noticed public meeting on said Application. 5.' Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on December 16, 1994. Two Hundred property owners with in a 500 foot radius of the project site were notified by mail on December 15, 1994. 6. All legal prerequisites to the adoption of this Resolu- tion 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. The Planning commission hereby finds and determines that having considered the record as a whole, there is no evidence before this Planning. 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 this Planning Commission, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 141:of the California Code of Regulations. 4. The environmental consequences of this Application were identified in Negative Declaration No. 92-7 utilized for Variance No. 92-3 which is the same project not implemented before the expiration date of the -grant approved 'on April 12 1993 by the Planning Commission in Resolutio',n No. 93-09. Pursuant to Section 15162 (a)'of the California Environmental Quality Act (CEQA), the same negative declaration may be utilized for this Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife 2 I �ll1111�ll15'I 1' � �� !I III 1-11111C. i3OIrT�—[` .. _ ____ resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this Planning Commission, the Planning 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 Planning Commission, -hereby finds as follows: (a) The project request is for approval of three freestanding monument signs, utilized for tenant identification, with a maximum height of 10 feet and a maximum sign face area of 36.75 square feet. (b) The project relates to a site of approximately eight acres developed with a retail shopping and professional center identified as Diamond Bar Village located at 325-379 South Diamond Bar Boulevard and 23341-23499 East Golden Springs Drive, Diamond Bar, California, 91765. The project site is within the Commercial Planned Development (CFD) Zone. It has a contemplated General Plan land use designation of General Commercial (C), (c) Generally, the following zones and uses surround the project site: to the north is the Pomona Freeway I and Neighborhood Business -Billboard Exclusion (C -2 -BE) Zone; to the east is the C -2 -BE and Single Family Residence -Minimum Lot Size - 10,000 Square Feet (R-1-10,000) Zones: to the south is Limited Multiple Residence -1 Unit Per Acre (R -3-1U) Zone; and to the west is Limited Multiple Residence -15 Units Per Acre (R -3-15U) Zone. (d) 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 General Plan adopted or under consideration by the City. (e) The nature, condition and size of the site has been considered. The site is adequate in size to accommodate the proposed project. (f) The project site is adequately served by Golden Springs Drive and Diamond Bar Boulevard. 3 (g) Because of the project sites configuration and its general downward slopping for the street, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (h) The Variance approval will not 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) Strict application of zoning regulations as they apply to the subject properties will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. (j) The Variance will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity. 5. Based upon the findings and conclusion set forth above, the Planning commission, hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to the site plan and elevations collectively marked as Exhibit "A" dated January 9, 1995. (b) Three freestanding monument signs (identified in Exhibit "A" as #1, #3, and #5), utilized for tenant identification, shall have a maximum he of ten feet and a maximum sign face area of 36.75 square feet. (c) Before the issuance of a building permit, the applicant shall remove all existing freestanding monument signs. (d) Applicant shall replace all monument signs within the one year approval of this grant. (e) The subsequent, site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implemen- tation of the entitlement 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 a 4 d�nx�Inu�yi�.A�„b�okbl�M duly permitted waste contractor, who has been r- authorized by. the City to provide collection, transportation, and disposal of solid waste from M, 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. (fj All freestanding monuments signs shall maintain a minimum 15 foot setback from the travelled roadway's edge provided that said signs shall not project over the public right-of-way or impair vehicular line -of -site, to the satisfaction of the City Engineer. (g) All freestanding monument signs shall incorporate address numerials which shall not exceed four square feet in area. (h) The Applicant shall comply with the Planning and Zoning and Building and Safety 'Divisions' and Engineering Department's requirements. (i) Not withstanding 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, paq'yment therefore shall be made by the Applicant' prior to the issuance of any building permitor any other entitlement. (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 within fifteen (15) days of approval of this grant, at the City of Diamond bar, Community Development Department, their afflidavit stating that they are aware of and agree tolaccept all the conditions of this grant. Further, this grant shall not be effective until the (,permittee pays remaining City processing fees. (k) The subject property shall be maintained and 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 properties. �., (1) This grant shall be valid for one year and must be exercised (i.e. construction) within that period Fi or this grant will expire. A one year extension F-', may be requested in writing and submitted to the City 30 days prior to the expiration date of this �. grant. 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: Steve Poretta, Poretta Family Trust, 601 South Glenoaks #301, Burbank, CA 91502. APPROVED AND ADOPTED THIS THE 9TH DAY OF JANUARY, 1995, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR i BY: David a er, 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 9th day of January, 1995, by the following vote: AYES: Meyer, Flamenbaum, Schad, Fong, Huff NOES: None ABSENT: None ABSTAIN: None ATTEST: James DeStefar'o, Secretary 6