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HomeMy WebLinkAboutPC 98-02A. L_ PLANNING COMMISSION RESOLUTION NO. 98-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 97- 2, A REQUEST TO INSTALL A SECOND FREESTANDING -MONUMENT SIGN WITH A 31 SQUARE FOOT SIGN FACE AREA AND A MAXIMUM HEIGHT OF SIB FEET.. THE PROJECT SITE IS LOCATED WITHIN A COMMERCIAL SHOPPING CENTER IDENTIFIED AS THE RANCH CENTER LOCATED AT 800-880 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owners, Trammell Crow So. Cal. Retail II Inc. and applicant, Citrus Valley Health Partners, have filed an application for Variance No. 97-2, located within the Ranch Center at 800-880 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Variance 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. 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 February 10, 1998 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 January 21, 1998. Ninety-three property owners within a 500 foot radius of the project site were notified by mail on January 19, 1998. H 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. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The'project relates to a site that is approximately six'acres an& identified as the Ranch Center. It is located at 800-880 Diamond Bar Boulevard. The Center's buildings are approximately°58,000 square feet and are occupied by 'restaurants, retail, pet hospital, services and Citrus Valley Medical Offices. (b) The project site is within Commercial -Manufacturing (CM) Zone.' It has a General Plan land use designation of Commercial/Office (CO). (c) Generally, the following zones and use surround the project site:'to the north is the C -M and Two Family Residence -Development Plan (R -2 -DP) Zones; to the south is the C -M Zone; to the east is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone; and to the west is the Pomona Freeway. 0"i (d) The proposed Variance is a request to install a second freestanding monument sign with a sign face area of 31 square feet and a height of 7.5 feet. (e) That because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The applicant and other tenants within the Ranch Center occupy units which are several 100 feet from Diamond Bar Boulevard's ultimate right-of-way and angled in a manner that limits visibility from Diamond Bar Boulevard. Additionally, the Center's frontage is approximately 366 lineal feet. Other commercial centers within this zone and surrounding area are not developed in this exact manner. There- fore, considering these unique circumstances and characteristics of the project site, the strict application of the Code deprives the subject site of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (f) That the adjustment authorized will not constitute a grant of special privilege inconsistent with the t" - i, L"'.'.. — - ..A 1R-1. 1'.. '. - A 31 ,.:.AnRk 1 1..,.x: _11 e..n,'A-, : -,- limitations upon other properties in the vicinity and zone in which the,Rpperty is situated. The special circumstances and exceptional - characteristics referenced in Item 2.(e) substantiate the fact that the Code adjustment 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. (g) The strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. Due to the special circumstance and exceptional characteristics of the project site, all but one tenant (Acapulco restaurant) are denied the privilege (a privilege enjoy by other commercial center in the area) of business identification from the ultimate right-of-way. Therefore, in this case, the strict literal interpretation of the City's Sign ordinance will result in inconsistencies with the ordinance's general purpose which will result in unnecessary hardships. (h) That such adjustment will not 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 Public Works Division reviewed this Application and determined that the proposed freestanding monument sign will not obstruct the clear line -of - site for ingress and egress into the project site or for vehicular moment along Diamond Bar Boulevard. Additionally, the sign's installation requires a City permit with inspections which will ensure proper installation. Furthermore, the applicant is offering an essential service to the City. Therefore, the requested adjustment 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. 3. Based upon the 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 site plan, elevations and materials/colors boards collectively labeled as Exhibit "A" dated February 10, 1998 as submitted to and approved by the Planning Commission. M (b) The subject site shall be maintained in a condition which is free of debris both during and after the construction,,addition, or implementation 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 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project's installation area. This fencing shall remain until the Building Official approves its removal. (d) The freestanding monument sign height shall not exceed 7.5 feet or 90 inches. The proposed 18 inch concrete base may be reduced by 8 inches in order to permit a sixth, 8 inch, changeable panel.- A revised elevation reflecting the referenced standards shall be submitted to the Planning Division for review and approval. (e) Freestanding monument sign's location shall not interfere with any clear line -of -site. (f) Any work required within the public right-of-way shall be approved and permitted by the Public Works Division and all appropriate inspection/permit fees shall be paid.. Any damage, as a result of the sign's installation, to existing sidewalks, curb, gutter, etc. shall be replaced to the City's satisfaction. Additionally, the City shall not be responsible if the monument sign is damaged due to any required work within the public right-of-way. (g) Any landscaping/irrigation damaged, due to the sign's installation, shall be replaced to match the existing and to the City's satisfaction. (h) Plans shall conform to State and local building codes (i.e. 1994 U.B.C. and 1993 N.E.C.) as well as the State Energy Code. (i) The proposed monument sign shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C" and engineered and designed for a maximum soil pressure of 100 lbs. 1-2 (j) Plans shall delineate the location of the disconnect switch, method of the -,electric sign attachment to sign base and verification of U.L. approval. (k) Electrical conduit shall not be exposed. (1) Applicant shall submit a revised site plan delineating the 104 foot dedicated right-of-way for Diamond Bar Boulevard, the 12 foot face of curb and sidewalk width, the grass berm width and the monument sign's location for the City's review and approval before submitting for plan check. (m) The Applicant shall comply with Planning and Zoning, Building and Safety, and Public Works Divisions' and Fire Department requirements. (n) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (o) 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, -a at the City of Diamond Bar Community and Develop- ment 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.. 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 to Citrus Valley Health Partners, 210 W. San Bernardino Road, Covina, CA 91723-1901 and Trammell Crow So. Cal. Retail II Inc., 5801 S. Eastern Ave., #100, Los Angeles, CA 90040. APPROVED AND ADOPTED THIS THE 10TH DAY OF FEBRUARY,1998 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. _ r r r sr, BY: Joe R`zicka Chairman 5 I, James DeStefano, Planning Commission Secretary 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 loth day of February 1998, by the following vote: In AYES: Ruzicka, McManus, Fong NOES: Goldenberg, Tye ABSENT: None, ABSTAIN: None , ! ATTEST: Jahn. s DeStefano, Deputy City Manager I 0 PLANNING COMMISSION RESOLUTION NO. 98-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO.,9721 A REQUEST TO INSTALL A SECOND FREESTANDING -MONUMENT SIGN WITH A 31 SQUARE FOOT SIGN FACE AREA AND A MAXIMUM HEIGHT OF SIX FEET.. THE PROJECT SITE IS LOCATED WITHIN A COMMERCIAL SHOPPING CENTER IDENTIFIED AS THE RANCH CENTER LOCATED AT 800-880 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Trammell Crow So. Cal. Retail II Inc. and applicant, Citrus Valley Health Partners, have filed an application for -Variance No. 97-2, located within the Ranch Center at 800-880 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Variance 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. 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 February 10, 1998 conducted a duly noticed public hearing on the Application. 5. Notification been made of the public hearing for this project has the San Gabriel Valley in Valley Daily Tribune and Inland Bulletin newspapers on January 21, 1998. property Ninety-three the owners within a 500 -foot radius ofig to were notified by mail on project 1998. January 19, 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. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The'project relates'to a site that is approximately six acres an&identified as the Ranch Center. It is located at 800-880 Diamond tat Boulevard. The center's buildings are approximately -58,000 square feet and are occupied by restaurants, retail, pet hospital, services and Citrus Valley Medical Offices. (b) The project site is within Commercial -Manufacturing (CM) Zone.' It has a General Plan land use designation of Commercial/Office (CO). (c) Generally, the following zones and use surround the project site:'to the north is the C -M and Two Family Residence-Ddvelopment Plan (R -2 -DP) Zones; to the south is the C- M Zone; to the east is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone; and to the west is the Pomona Freeway. (d) The proposed Variance is a request to install a second freestanding monument sign with a sign face area of 31 square feet and a height of T.5 feet. (e) That because of special circumstances or exceptional characteristics applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The applicant and other tenants within the Ranch center occupy units which are several 100 feet from Diamond Bar Boulevard's ultimate right-of-way and angled in a manner that limits visibility from Diamond Bar Boulevard. Additionally, the Center's frontage is approximately 366 lineal feet. Other commercial centers within this zone and surrounding area are not developed in this exact manner. Therefore, considering these unique circumstances and characteristics of the project site, the strict applicat'ion of the Code deprives the subject site of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (f) That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the,,,—perty is situated. The special circumstances and'exceptional characteristics referenced in Item 2.(e) substantiate the fact that the Code adjustment 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. (g) The strict application of zoning regulations, as they apply to such property, will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. Due to the special circumstance and exceptional characteristics of the project site, all but one tenant (Acapulco restaurant) are denied the privilege (a privilege enjoy by other commercial center in the area) of business identification from the ultimate right-of-way. Therefore, in this case, the strict literal interpretation of the Cityfs Sign ordinance will result in inconsistencies with the ordinance's general purpose which will result in unnecessary hardships. (h) That such adjustment 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. The Public Works Division reviewed this Application and determined that the proposed freestanding monument sign will not obstruct the clear line-ofsite for ingress and egress into the project site or for vehicular moment along Diamond Bar Boulevard. Additionally, the sign's installation requires a City permit with inspections which will ensure proper installation. Furthermore, the applicant is offering an essential service to the City. Therefore, the requested adjustment 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. 3. Based upon the 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 site plan, elevations and materials/colors boards collectively labeled as Exhibit "All dated February 10, 1998 as submitted to and approved by the Planning Commission. 11-T (b) The subject site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation 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 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project's installation area. This fencing shall remain until the Building Official approves its removal. (d) The freestanding monument sign height shall not exceed 7.5 feet or 90 inches. The proposed 18 inch concrete base may be reduced by 8 inches in order to permit a sixth, 8 inch, changeable panel.- A revised elevation reflecting the referenced standards shall be submitted to the Planning Division for review and approval. (e) Freestanding monument sign's location shall not interfere with any clear line -of - site. (f) Any work required within the public right-of-way shall be approved and permitted by the Public Works Division and all appropriate inspection/permit fees shall be paid.. Any damage, as a result of the sign's installation, to existing sidewalks, curb, gutter, etc. shall be replaced to -the City's satisfaction. Additionally, the City shall not be responsible if the monument sign is damaged due to any required work within the public right- of-way. (g) Any landscaping/irrigation damaged, due' to the sign's installation, shall be replaced to match the existing and to the City's satisfaction. (h) Plans shall conform to State and local building codes (i.e. 1994 U.B.C. and 1993 N.E.C.) as well as the State Energy Code. The proposed monument sign shall be engineered to meet wind loads of 80 m.p.h. with an exposure 11C11 and engineered and designed for a maximum soil pressure of 100 lbs. Plans shall delineate the location of the disconnect switch, method of the -`,electric sign attachment to sign base and verification of U.L. approval. (k) Electrical conduit shall not be exposed. (1) Applicant shall delineating submit a revised site plan the Diamond Bar 104 foot dedicated right-of-way for the 12 foot face of Boulevard, curb and the grass berm width and the location for the sidewalk width, monument City's review and submitting for plan check. sign's approval before (m) The Applicant shall comply with Planning and Zoning, Building and Safety, and Public Works Divisions' and Fire Department requirements. (n) This grant is valid,for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (o) This grant shall not be effecti"ve 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 and Development 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.. 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 to Citrus Valley Health Partners, 210 W. San Bernardino Road, Covina, CA 91723-1901 and Trammell Crow So. Cal. Retail II Inc., 5801 S. Eastern Ave., #100, Los Angeles, CA 90040. APPROVED AND ADOPTED THIS THE 10TH DAY OF FEBRUARY,1998 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe zi-Ck—a Chairman I, James DeStefano, Planning Commission Secretary 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 loth day of February 1998, by the following vote: AYES: Ruzicka, McManus, Fong NOES: Goldenberg, Tye ABSENT: None, ABSTAIN: None ATTEST: i s DeStefanq, Deputy City Manager DeSt a `ms