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HomeMy WebLinkAboutPC 98-07PLANNING COMMISSION' RESOLUTION NO. 98-07 A RESOLUTION OF THE'PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING PLANNED SIGN PROGRAM N0. 98-1 AND CATEGORICAL EXEMPTION SECTION 15311 (a), A.REQUEST TO INSTALL SEVEN ILLUMINATED WALL SIGNS WITHIN DIAMOND BAR CENTER LOCATED AT 303-315 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. .RECITALS. 1.- The property owner/ applicant, Wohl/Diamond Bar, LLC has filed an application for Planned Sign Program No. 98-1, for the installation of seven illuminated wall signs. Project site is within Diamond Bar Center (commonly referred to as the K -Mart Center) located at 303-315 South Diamond Ear Boulevard, Diamond Bar, 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 Na. 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 Conmission of the City of Diamond Bar on . April 14, 1998 conducted a meeting on the Application. 5. Pursuant to Sign Ordinance No. 5A (i991), a Planned Sign Program does net require a public hearing or notification l of property owners surrounding the project site. , 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 herebyspecificallyfinds 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 guidelines 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 ollo:,-s: (a) The project relates to a shopping center of approximately -four acre developed with approximately 36,454 square feet of commercial units identified as Diamond Bar Center. The project site is located at 303-315 South Diamond Bar Boulevard, Diamond Bar, California. (b) The project site has a General Plan band Use, designation of General Commercial (C). It is within the Commercial Planned Development (CPD) Zone. (c) Generally, the following zones and use surround the project site: to the north is the CPD Zone and the Pomona Freeway; to the south and west is the CPD Zone; and to the east is Neighborhood Business - Billboard Exclusion (C -2 -BE) Zone. (d) The proposed project is a request to install seven illuminated wall signs and to eventually bring all existing signage into conformance with the adopted Planned Sign Program - (e) The proposed signs are not in substantial conflict with the adopted General Plan. 2 The General Plan requires that a sign concept 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 - site's development. u The proposed signs' scale and placement allows for easy readability from within the project site and for traffic traveling along Diamond Bar Boulevard. The wall signs' design is compatible with signs within the surrounding commercial areas. Additionl- ly, the Planned Sign Program's implementation will cause the eventual conformance of all signage within `the Center. (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 wall signs' placement allows for clear identification of each business from within the Center's parking lot and when traveling north and south bound on Diamond Bar Boulevard. Additionally, the type face style - Helvetica, arrangement and colors allow for easy reading. (g) The proposed signs will not obscure from view or detract from existing signs, based on their location, shape, color and other similar, considerations. , The proposed stall 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 k 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 wall 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 .•call signs were reviewed by the Public Works Division and the Building and Safety Division. The Building and Safety Division's plan check review, permit and inspections will ensure that the proposed signs will not be a public hazard. i 3 (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 wails signs, although within a shopping �V center locate near a freeway will not primarily be viewed from a freeway. The proposed wall signs are primarily visible from Diamond Bar Boulevard. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the followingconditions: (a) The project shall substantially conform to site plan elevations and written sign criteria collectively labeled -as Exhibit "A" dated April 14, 1998, 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 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 areas4 within the City. It shall be the applicants ''`' obligation to insure that the waste oontractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The follow shall be added to Plan Sign Program No. 98-11s written criteria on page 2: III. Design Requirements B. Maximum sign face area permitted shall not exceed 1.25 square feet per 1 lineal foot of unit frontage, to a maximum 125 square feet per use; or maximum sign width shall not -exceed 660 of the lineal leased frontage, whichever is the most restrictive. E. Tenants with two (2) frontages facing on either a public right-of-way or parking area shall be allowed two (2) signs (one on each frontage); the maximum sign face area permitted shall not exceed 1.25 satiare feet per 1 lineal foot of unit frontage, per side, to.a maximum 125 j, square feet per use; or maximum sign J* 4 width, per side, shall not exceed 66% of the lineal leased frontage, whichever is the most restrictive. (d) The following information shall be submitted to the Building and Safety Division for review and approval: (1) Each wall sign shall require a separate permit; (2) Plans shall delineate the location of disconnect switch; (3) verification of U.L. approval; (4) Plans shall delineate method of attachment for each sign; and (5) Plans shall delineate size, location of each sign. (e) The applicant shall comply with Planning and Zoning, and Building and Safety Division's and Public Works Division's requirements. (f) This grant is valid for one year and construction shall commence (i.e. footings) within this one year period or the grant shall expire. (g) 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 -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. (h) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approvalof 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 deminimis 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, Wohl/Diamond Bar, LLC, 2402 Michelson Drive, #170, Irvine, CA 92612. APPROVED AND ADOPTED THIS 14TH DAY OF APRIL 14, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe McManus, Chairman I, James DeStefano, PlanningCommissionSecretary, 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 14th day of April, 1998; by the following vote: AYES: McManus, Tye, Ruzicka, Kuo, Nelson NOES: None ABSENT: None ABSTAIN: " on, n ATTEST: James DeStefadp, Secretary .11 Il PI&MIRG COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAM011 D BAR APPROVING PLANNED SIGN PROGRAM NO. S4-1 AND CATEGORICAL EXEMPTION SECTIO14 15311 (a),r A- REQUEST TO INSTALL SEVEN ILLUMINATED WALL SIGNS WITHIN DIAMOND BAR CENTER LOCATED AT 303-315 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. -RECITALS. 1. The property owner/applicant, Wohl/Diamond Bar, LLC has filed an application for Planned Sign Program No. 98-1, -for the installation of seven illuminated wall signs. Project site is within Diamond Bar Center (commonly referred to as the K-Mart Center) located at 303- 315 South Diamond Bar Boulevard, Diamond Bar, 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 Coun4k --- y of Los,Angeles,now currently applicable to developi—ent 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 April 14, 1998 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. 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 Environme'ntal Quality Act'(CEQA) of 1970, as amended, and the guidelines 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 (4) of Title 14 of the California Code of Regulations. 4. Based on the findings -and conclusions setforth herein, this Planning Commission hereby finds (a) The project relates to a shopping center of approximately -four acre developed with approximately 36,454 square feet of commercial units'identified as Diamond Bar Center. The project site is located at South 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 Commercial Planned Development (CPD) Zone. (c) Generally, the following zones and use surround the project site: to the north is the CPD Zone and the Pomona Freeway; to the south and west is the -CPD Zone;,and to the east is Neighborhood BusinessBillboard Exclusion (C -2 -BE) Zone. (d) The proposed project is a request to install seven illuminated wa '11 signs and to eventually bring all existing signage into conformance with the adopted Planned Sign Program. (e)- The proposed signs are not in -substantial conflict with the adopted General Plan. The General Plan requires that a sigh concept address the following: scale in relationship to the building; landsca ing'-A—and readability. It also pr The proposed signs, scale and placement allows for easy readability from within the - project site and for traffic traveling along Diamond Bar Boulevard. The wall signs' design is compatible with signs within the surrounding commercial areas. Additionlly, the Planned Sign Program's implementation will cause the eventual conformance of all signage within the Center. (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 wall signs' placement allows for clear identification of each business from within the Center's parking lot and 'when traveling north and south bound on Diamond Bar Boulevard. Additionally, the type face style - Helvetica, arrangement and colors allow for easy reading. (g) The proposed signs will not obscure from view or detract from existing 'signs, based on their location, shape, color and other similar, considerations. The proposed wall signs will not obscure the view or detract from existing signs because they comply with the design standard within the Cityfs'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 wall 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. T -he -proposed wall signs were reviewed by %e Public -Works Division and the Building and Safety Division. The Building and Safety Division's plan check review, permit and inspections will ensure that the proposed signs will not be a public hazard. Q) 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 walls signs, although within a shopping center locate near a freeway will not primarily be viewed from a freeway. The proposed wall signs are primarily visible from Diamond Bar Boulevard. 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 elevations and written sign criteria collectively labeled -as Exhibit "All dated April 14, 1998, as submitted and approved by the Planning Commission. (b) The site sha 11 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 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 oontractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The follow shall be added to Plan Sign Program No. 98-11s written' criteria on page 2: III. Design Requirements B. Maximum sign face area permitted shall not exceed 1.25 square feet -per I lineal foot of unit frontage, to a maximum 125 square feet per use; or maximum sign width shall not exceed 665.-' of the lineal leased frontage, whichever is the most restrictive. E.- Tenants with two (2) frontages facing on either a public right-of-way or parking area shall be allowed two (2) signs (one on each frontage); the maximum sign face area permitted shall not exceed 1.25 S"Uarp feet ner 1 lineal foot of unit ontage, per side, to -a maximum 125 square feet per use; or maximum sign width, per side, shall not exceed 66% of the lineal leased frontage, whichever is the most restrictive. (d) The following information shall be submitted to the Building and Safety Division for review and approval: (1) Each wall sign shall require a separate permit; (2) Plans shall delineate disconnect switch; (3) Verification of U.L. approval; (4) Plans shall delineate method of attachment for each sign; and (5) Plans shall delineate siz.e, location of each sign. (e) The applicant shall comply with Planning and zoning, and Building and Safety Division's and Public Works Division's requirements. f This grant is valid for one year and construction hall commence i.e. footings) within this one year eriod or the grant shall expire. This grant shall not be effective for any purpos until the permittee and owner of the propert involved if other than thepermittee) have filed, within fifteen 15 days of approval -of this grant, at the City of Diamond Bar Communit 'and Develo men services Department/ Planning Division, the.L 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 processingfees. h 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 rant' 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 impose because the project has more than a deminimis im ac on fish and wildlife, the applicant shall also pa to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Plannin Commission shall: a Certify to the adoption of this Resolution; and (b) Forthwith'transmit a certified copy of this Resolution, by certified mail, Wohl/Diamond Bar, LLC, 2402 Michelson Drive, 1170, Irvine, CA 92612. APPROVED ANDADOPTED THIS 14TH DAY OF APRIL 14, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: A; -k Joe McManus, Chairman I, Jam /sDeStefano, 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 14th day of April, 1998i by the following vote: AYES McManus, -Tye, Ruzicka, Kuo,Nelson NOES: None ABSENT: None ABSTiATN: an Ve n 1A ATTEST: Jan,Qb DeStefadp, secretary