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PLANNING COMMISSION
RESOLUTION NO. 97-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING PLANNED SIGN
PROGRAM NO. 97-4 AND CATEGORICAL EXEMPTION
SECTION 15311 (a), A REQUEST TO INSTALL TWO
WALL SIGNS, A MENU BOARD WITH SPEAKER POST,
TWO DIRECTIONAL SIGNS, ONE MONUMENT SIGN AND A
REPLACEMENT PANEL FOR AN EXISTING MONUMENT
SIGN LOCATED AT 218 DIAMOND BAR BLVD., DIAMOND
BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Diamond Bar Associates and applicant,
Pete Capriotti of Cotti Foods Corporation have filed an
application for Planned Sign Program No. 97-4, for the
installation of two wall signs, a menu board with speaker
post, two directional signs, one monument sign and a
replacement panel for an existing monument sign. Project
site is located at 218 Diamond Bar Boulevard, Diamond
Barg Los Angeles County, California, as described above
in the title of this Resolution. Hereinafter in this
Resolution, the subject Planned Sign Program shall be
referred to as the "Application"..
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. 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
December 9, 1997 conducted a meeting on the Application.
5. Pursuant to Sign Ordinance No. 5A (1991), a Planned Sign
Program does not require a public hearing or notification
of property owners surrounding the project site.
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B. 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. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) of 1970, as
amended, and the guideline's promulgated thereunder,
pursuant Section 15311 (a) of Article 19 of Chapter 3 of
Title 14 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 Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a parcel within a commercial
shopping center identify as Diamond Bar Shopping
Center. Currently, the subject parcel is being
developed with a Taco Bell restaurant (Development
Review No. 97-5) approved by the Planning Commission
on June 24, 1997. The project site is located at
218 Diamond Bar Boulevard, Diamond Bar, California.
: (b) The project site has a General Plan Land Use
designation of General Commercial (C). it is within
the Neighborhood Business -Billboard Exclusion (C -2 -
BE) Zone.
(c) Generally, the following zones and use surround the
project site: to the north is the C -2 -BE Zone and
the Pomona Freeway; to the south is the (C -2 -BE)
Zone; to the east is Single Family Residence -
Minimum Lot Size 8,000 Square Feet (R-1-8,000) and
Restricted Business (C-1) Zones; and to the west is
the Commercial Planned Development (CPD) Zone.
(d) The proposed project is a request to install the
following signs:
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(1) Two wall signs each, with a sign face area of
20.92 square feet, located on the north and
west sides of the entry tower;
(2) one menu board, 6.66 feet high with a sign face
area of 26 square feet, located at the
northeast side of the drive-thru aisle;
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(3) Speaker for menu board, 4 feet high and 9
=
inches wide;
(4) Two directional signs, one delineating the
drive-thru aisle, located adjacent to the
aisle's entry, and the other at the aisle's end
indicating "do not enter";
(5) one monument sign, 6 feet tall with a sign face
area of 20 square feet, located adjacent and
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west of the Palomino Drive drive -way access;
and
(6) Replacement sign face on the existing monument.
sign located on Diamond Bar Boulevard.
(e) The proposed signs are not in substantial conflict
with the adopted General Plan.
The General Plan requires that a sign concept
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address the following: scale in relationship to the", -
building; landscaping; and readability. it also
dictates that the concept ensure integration into
the overall site and architectural theme of the
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site's development.
The proposed signs' scale and placement allows for
easy readability and a clear line -of -site -for
traffic traveling along Palomino Drive and Diamond
Bar Boulevard and entering and exiting the site.
The clear line -of -site issue was reviewed and
confirmed by the Public Works Department. The
signs' design is compatible with the existing signs
within the shopping center and the surrounding
commercial areas.
(f) The proposed sign's will be legible to the intended
audience under normal viewing conditions, based on
their proposed -locations and design of the signs
visual elements.'
The proposed signs' placement allows for clear
identification of -the Taco Bell restaurant when
traveling north and south bound on Diamond Bar
Boulevard, as well as when traveling on Palomino
Drive. Additionally, the type face style,
arrangement and colors against a white background
allow for easy reading.
(g) The proposed signs will not obscure from view -or
detract from existing signs, based on their
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location, shape, color and other similar
considerations.
The proposed signs will not obscure the view or
detract from existing signs because they comply with
the design standard within the City's Sign Ordinance
and are compatible with the style, color and signs
within the commercial sites surrounding the project
site.
(h) The proposed signs will be in harmony with adjacent
properties and surroundings, based on the size,
shape, height, color, placement, and the proximity
of such proposed sign to adjacent properties and
surroundings.
The proposed signs' design is harmonious with the
eclectic collection of sign styles in commercial
centers within this area and the City as a whole.
(i) The proposed signs will be designed, constructed and
located so that it will not constitute a hazard to
the public.
The proposed signs' were reviewed by the Public
Works Division and comply with clear line -of -site
and directional requirements. Additionally, the
Building and Safety Division reviewed the sign
proposal. That Division's plan check review,
permit and inspections will ensure that the proposed
signs will not be a public hazard.
(j) The proposed signs are not designed to have the
advertising thereon maintained primarily to be
viewed from a freeway, unless specifically provided
for under the terms of this Sign Ordinance.
The proposed signs, although near a freeway will not
primarily be viewed from a freeway. The proposed
signs are primarily visible from Diamond Bar
Boulevard and Palomino Drive.
5. Based on the findings and conclusions set forth above,
the Planning commission hereby approves the Application
subject to the following conditions:
(a) The project shall substantially conform to site plan
elevation and written sign criteria collectively
labeled ed as Exhibit "A" dated December 9, 1997, as
submitted and approved by the Planning Commission.
(b) The site shall be maintained in a condition which is
free of debris both during and after the
construction, addition, or implementation of the (f
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
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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
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City to provide collection, transportation, and
disposal of solid waste from residential,
commercial,.construction, and industrial areas
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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) Address numerals shall. be added to the base of all
monument signs and address numerals shall comply
.
with the Fire Department requirements.
(d) Monument sign, menu board and speaker post shall be
engineered and designed for a maximum soil pressure
of 100 pounds and wind load of So miles an hour with
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an exposure of "C".
(e) The following information shall be submitted to the
Building and Safety Division for review and
approval:
(1) Location of disconnect switch,
(2) Method of the electric sign attachment to sign
base; and
(3) verification of U.L. approval.
(f) Monument sign and menu board shall not exceed a
height of six feet.
(g) Menu board speaker shall not emit a volume that
exceeds 61 dBA at a distance of 16 feet from the
speaker. If the menu board loud speaker volume
level creates a disturbance to residences adjacent
to the project site, the dBA level shall be
decreased as required by the Planning Division
(h) Applicant/property owner shall replace sidewalk and
drive -way apron adjacent to the restaurant site,
proposed monument sign and Palomino Drive.
(i) The applicant shall comply with Planning and zoning,
and Building and Safety Division's and Public Works
Division's requirements.
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(j) This grant is valid for one year and construction
shall commence (i.e. footings) within this one year
period or the grant shall expire.
(k) 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,
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at the City of Diamond Bar Community and Development
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Services Department/Planning Division, 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.ti;°{,
NIII,'
(1) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a demini-mis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
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, Pete Capriotti, Cotti
Foods Corporation, 25 Mauchly, Suite 321, Irvine, CA
92618, and Diamond Bar Associates, 17853 Santiago
Boulevard, Suite 107-295, Villa Park, CA 92618.
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APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997, BY
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THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
a
BY'
oe Ruz c a,
Chairman
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 9th day of December,
1997, by the following vote:
AYES: Ruzicka, McManus, Goldenberg, Tye, Fong
NOES: None
ABSENT: None
ABSTAIN: No i
ATTEST:
J m .s DeStefano Secretary
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