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Home My WebLink AboutPC 95-05PLANNING COMMISSION RESOLUTION NO. 95-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING PLANNED SIGN PROGRAM NO. 92-1(1) AMENDING THE COLOR AND LETTER STYLE UTILIZED FOR SIGN COPY IN THE EXISTING PLANNED SIGN PROGRAM NO. 92-1 AND CATEGORICAL EXEMPTION (SECTION 15301. CLASS 1 (g) FOR A RETAIL SHOPPING CENTER IDENTIFIED AS SUNSET VILLAGE LOCATED AT 1241 SOUTH GRAND AVENUE. A. Recitals 1. The property owner, A and J Airport Properties, and the applicant, D.W.A. Smith and Company have filed an application for Planned Sign Program No. 92-1(1) amending existing Planned Sign Program No. 92-1 for a property' located at 1241 South Grand Avenue, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolu- tion, 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. 4. The Planning Commission of the City of Diamond Bar, on April 10, 1995 conducted meeting on said Application. 5. 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 14 of the California Code of Regulations. 4. 3. The environmental consequences of this Application were identified in Negative Declaration No. -92-7 utilized for Variance No. 92-3 which is the ame project not implemented before the. expiration date of the grant approved on April 12 1993 by the Planning Commission in Resolution 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. 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 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. - 2 :1q1 4 ., � �_p,. i� ^1 V - _,�. 1. `. .�, r .ta «. rr.V'v..lw''"u �F� Ph �wl��..,h Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project request is to amend the existing Planned Sign Program to incorporate the following modifications for sign copy: color palette - White, Red, Green, and Yellow; and letter style - Helvetica Bold, Helvetica Medium, and Calrendon Bold. (b) The project relates to a site of approximately 2.65 acres developed with a retail shopping center identified as Sunset Village located at 1241 South Grand Avenue, Diamond Bar, California, 91765. The project site is within the Unlimited Commercial - Billboard Exclusion (C -3 -BE) Zone. It has a draft General Plan land use designation of General Commercial (C). (c) Generally, the following zones surround the project site: to the north and west is the C -3 -BE Zone; to the east is the R-1-8,000 Zone; and to the south is the R-3-8,000 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 rsite is adequately served by Grand Avenue and Diamond Bar Boulevard. (g), The proposed Planned Sign Program amendment complies with the City's Sign Ordinance No.S (1991) . (h) Substantial evidence exists, considering the record as a whole, to determine , that the amendment, as proposed and conditioned herein, will not be detrimental to or interfere with the draft General Plan. (i) The proposed Planned Sign Program amendment will not have signs that obscure from view or detract from existing signs,,based on the location, shape, color, and other similar considerations. 3 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project request is to amend the existing Planned Sign Program to incorporate the following modifications for sign copy: color palette - White, Red, Green, and Yellow; and letter style - Helvetica Bold, Helvetica Medium, and Calrendon Bold. (b) The project relates to a site of approximately 2.65 acres developed with a retail shopping center identified as Sunset Village located at 1241 South Grand Avenue, Diamond Bar, California, 91765. The project site is within the Unlimited Commercial - Billboard Exclusion (C -3 -BE) Zone. It has a draft General Plan land use designation of General Commercial (C). (c) Generally, the following zones surround the project site: to the north and west is the C -3 -BE Zone; to the east is the R-1-8,000 Zone; and to the south is the R-3-8,000 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 rsite is adequately served by Grand Avenue and Diamond Bar Boulevard. (g), The proposed Planned Sign Program amendment complies with the City's Sign Ordinance No.S (1991) . (h) Substantial evidence exists, considering the record as a whole, to determine , that the amendment, as proposed and conditioned herein, will not be detrimental to or interfere with the draft General Plan. (i) The proposed Planned Sign Program amendment will not have signs that obscure from view or detract from existing signs,,based on the location, shape, color, and other similar considerations. 3 5. (j) The proposed Planned Sign Program amendment will have signs that are legible to the intended g"li,x audience under normal viewing conditions based on the location and the design of the visual element. (k) The proposed Planned Sign Program amendment will be in harmony with -adjacent properties and surroundings based on the size, shape, height, color, placement, and the proximity of such signs to adjacent properties and surroundings. (1) The proposed Planned Sign Program amendment will be designed, constructed and located so that it will not constitute a hazard to the public. Based upon the findings and conclusion set forth above, the Planning Commission, hereby approves the Application subject to the following conditions: (a) The Planned Sign Program amendment shall substantially conform to the Exhibit "A". dated April 10, 1995. (b) 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 duly permitted waste contractor, who has been 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 comply with the Planning and Zoning and Building and Safety Divisions' requirements. (d) Not with 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. 4 (e) 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 City processing fees. (f) 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. 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: D.W.A. Smith and Company, Inc., 1600 Quail Street, # 106, Newport Beach, CA 92660 and A and J Airport Properties, 1600 Quail Street, # 106, Newport Beach, CA 92660; APPROVED AND ADOPTED THIS THE 10TH DAY OF APRIL, 1995, BY THE P NNIINQ->CO�qIISSION OF THE CITY OF DIAMOND BAR BY: l'Y Bruce Flarenbaum, 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 10th day of April, 1995, by the following vote: AYES: Flamenbaum, Huff, Schad, Fong, Meyer NOES: None ABSENT: None ABSTAIN: Ne Letary ATTEST:me JaDeStefan, 5 I I II'��ppi'�IIII'II II � � �Pfi1ll' III�I'IG'�111'C