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HomeMy WebLinkAboutPC 96-11PLANNING COMMISSION RESOLUTION NO. 96-11 'I I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING VARIANCE NO. 96-1, A REQUEST TO INSTALL A SECOND WALL SIGN ON THE NORTHERLY FACADE OF AN EXISTING COMMERCIAL OFFICE BUILDING LOCATED WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE (LOTS 8 AND 9, TRACT 39670), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Trammell Crow and applicant, University of Phoenix, have filed an application for Variance No. 96-1 located within Gateway Corporate Center at 1370 Valley Vista Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter inthis Resolution, the subject Variance shall be referred to as the "Applica- tion". ° 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, -the City Council of the City of Diamond Bar adopted its Ordinance No. 14 -(1990), 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 contain 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. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on July 22, 1996 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on July 11, 1996. Twenty-five property owners within a 500 foot radius of the project site were notified by mail on July 9, 1996. 1 $. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This 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,on'the firidings and conclusions set forth herein, this planning commission hereby finds; as follows: (a) The'pr'oject relates to a 5.94 gross acres site developed with an 84,000 square foot, two story, multi -tenant commercial office building. acres (1.23 net acres). The project site is located within Gateway Corporate Center at 1370 Valley Vista Drive, Diamond Bar, California. (b) The project site is zoned Commercial -Manufacturing - Billboard Exclusion -Unilateral Contract (C-M-BE- U/C). It has a General Plan land use designation of Professional Office (OP). (c) Generally, the following zones and uses surround the project site: to the north is the Orange (57) and Pomona (60) Freeway interchange; to the south and East is the C-M-BE-U/C Zone; and to the west is the Orange Freeway and the C-M-BE-U/C Zone. (d) The proposed Variance is a request to install a second wall sign with!a sign face area of 32.5 square feet. Its installation location is approximately 27 feet above ground level, on the subject office building's northerly facade. (e) There are no special circumstances or exceptional characteristics applicable to the property. The strict application of the code does not deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Other properties in the vicinity, under identical zoning classification have the same or similar lot configuration and topography. Additionally these properties have buildings with a similar architectural style as the subject building. (f) The Variance's approval 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. The applicant is creating its own hardship by not utilizing other types of signage offered by the City Sign Ordinance which would be an appropriate solution to the applicant's stated problem. (q) The strict application of zoning regulations including the City's'Sign Ordinance, as they apply to the property, will not result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. In this case, the strict literal interpretation of the City's Sign Ordinance does not result in inconsistencies with the Ordinance's general purpose; nor does it create uncessary hardship because the applicant can utilize alternative signage, offered in the Sign Ordinance, to accomplish its identification goals as stated in the submitted project application. (h) The Variance's approval may be materially detri- mental to the public health, safety, -or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity. The applicant's intent is to provide signage that will facilitate vehicular and pedestrian traffic flow on site. The second wall sign's proposed location is not at eye level. It will be 27 feet above ground level. Signage at that height does not facilitate vehicular and pedestrian traffic but may create an unsafe condition as drivers and pedes- trians seek directional signage/use identification at eye level. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby denies the Application. 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, Robert McNichols, University of Phoenix, 4615 E. Elwood, Phoenix, Az 85072; Trammell Crow, 18529 E. Gale Avenue, Industry, CA 91748. APPROVED AND ADOPTED THIS 22ND DAY OF JULY, 1996, BY THE PLANNING COMMISSION THE CITY OF DIAMOND BAR. BY. Mike Goldenberg, Chairman 3 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of July, 1996, by the following vote: AYES: Goldenberg, Ruzicka, McManus, Fong NOES: Schad ABSENT: None ABSTAIN: None ATTEST: mes DeStefano, Secretary 4