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Home My WebLink AboutPC 2001-33PLANNING COMMISSION RESOLUTION NO. 2001-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL DENY DEVELOPMENT CODE AMENDMENT NO. 2001-02 AND NEGATIVE DECLARATION NO. 2001-03. A. RECITALS. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001-02 and Negative Declaration No. 2001-03. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred to as the "Application." 2. The Community and Development Services Department has determined that the following existing development standards within the Development Code require modification in order to implement the General Plan: Article III Section 22.36.080 - Prohibited Signs (Page III -137) Section 22.36.120.0 - Freeway -oriented Signs (Page 111-140) 3. On September 17, 2001, notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on May 2, 2001, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park), 4. On October 9, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was concluded on October 9, 2001. 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 finds that the Initial Study review and Negative Declaration No. 2001-03 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2001-03 reflects the independent judgment of the City of Diamond Bar. 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 above, the Planning Commission hereby recommends that the City Council deny Development Code Amendment No. 2001-02 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 9TH OF OCTOBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob Zirbes, 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 October 2001, by the following vote: AYES: Tye, Kuo, Nelson, Zirbes NOES: Ruzicka ABSENT: None ABSTAIN: None ATTEST: DEVELOPMENT CODE AMENDMENT NO. 2001-02 EXHIBIT "A" Section 22.36.080 - Prohibited Signs of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: G. Electronic reader board signs, except time/temperature devices and except as provided in Section 22.36.120.0 7, 8, and 9; Section 22.36.120.C -Freeway -oriented Signs of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended -to read as follows: C. Freeway -oriented Signs. On-site and off-site freestanding signs may be permitted by Conditional Use Permit in lieu of freeway oriented wall signs for certain properties when they are visible from and adjacent to a freeway right-of-way in compliance with the following: 1. Signs are only for the purpose of advertising fuel, food, and/or lodging accommodations; 2. Freeway -oriented signs are permitted only on freeway -adjacent sites for uses that are located within 200 feet of the freeway right-of-way; 3. It can be demonstrated that wall signage cannot be located on the building itself and a manner that will be visible to motorists traveling in either direction along the freeway; 4. The height of freestanding signs shall not exceed 25 feet above adjacent street grade or the freeway travel lanes (excluding on-off ramps); - 5. The maximum sign face areas shall not exceed 10 feet in height and 20 feet width. If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel in addition to the place of lodging, these uses may also be identified on the freeway sign provided that: a. No more than one freestanding sign shall be permitted per site; b. Changeable copy signage is not allowed; C. The maximum size permitted for the freestanding sign is not exceeded; and d. No wall signs are visible from the freeway for uses identified on the freestanding sign. e. Signs shall be separated by a minimum distance of 1,320 feet. 6. More than one use of each type may be identified on the freeway -oriented signs. 7. Freeway -oriented signs with an electronic reader board may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel equaling three or more acres or a group of parcels equaling three or more acres located adjacent to the freeway. In addition, electronic reader boards shall meet the following requirements: a. Only one freeway -oriented signs with an electronic reader board shall be permitted for businesses which are located on the same parcel, or which are otherwise located in a single commercial development complex; b. Freeway -oriented signs with an electronic reader board shall be required to identify more than one business within a commercial development complex; C. Freeway -oriented signs with an electronic reader board shall not exceed a height of 65 feet and a total sign face area of 1,000 square feet which shall include the electronic reader board area; d. Businesses utilizing a freeway -oriented sign with an electronic reader board may be located on a parcel different from that which the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying; and e. Freeway -oriented signs with an electronic reader board shall be integrated with the design of structures on site in order to achieve a unified architectural statement. 8. Monument signs may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel equaling three or more acres or a group of parcels equaling three or more acres located adjacent to the freeway. In addition, the wall sign shall meet the following requirements: a. Monument sign may be more than six feet in height but shall not exceed 12 feet in height and 72 square feet in sign face area; and b. Except as provided within this section, monument signs shall be required to meet specified sign standards within Chapter 22.36. 9. Wall signs may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel equaling three or more acres or a group of parcels equaling three or more acres located adjacent to the freeway. In addition, the monument sign shall meet the following requirements: 1 a. Wall signs shall not exceed 300 square feet in total sign face area for commercial development complexes with 300 linear feet or more of property frontage adjacent to the freeway, and b. Except as provided within this section, wall signs shall be required to meet specified sign standards within Chapter 22.36. 3 PLANNING COMMISSION RESOLUTION N0. 2001-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL DENY DEVELOPMENT CODE AMENDMENT N0. 2001-02 AND NEGATIVE DECLARATION N0. 2001-03. A. RECITALS. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001-02 and Negative Declaration No. 2001-03. Hereinafter in this Resolution, the subject Development Code Amendment and Negative Declaration shall be referred to as the "Application." 2. The Community and Development Services Department has determined that the following existing development standards within the Development Code require modification in order to implement the General Plan: Article III Section 22.36.080 - Prohibited Signs (Page III -137) Section 22.36.120.0 - Freeway -oriented Signs (Page III - 3. On September 17, 2001, notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one - eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, on May 2, 2001, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav- On Community Board, Ralph's shopping center Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park). B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: .. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, 'art A, of this Resolution are true and correct. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 001-03 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2001-03 reflects the independent judgment of the City of Diamond Bar. 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 above, the Planning Commission The Planning Commission (a) Certify to the adoption of this Resolution; (b) Forthwith transmit a certified copy of this Resolution to the City Council APPROVED AND ADOPTED THIS 9TH OF OCTOBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob Zirbes, 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 AYES: Tye; Kuo, Nelson, Zirbes NOES: Ruzicka ABSENT: None ABSTAIN: None ATTES DEVELOPMENT CODE AMENDMENT NO. EXHIBIT "A" Section 22.36.080 - Prohibited Signs of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: G. Electronic reader board signs, except time/temperature devices and except as provided in Section 22.36.120.0 7, 8, and 9; Section 22.36.120.C -Freeway -oriented Signs of Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended -to read as follows: C. Freeway -oriented Signs. On-site and off-site freestanding signs may be permitted by Conditional Use Permit in lieu of freeway oriented wall signs for certain properties when they are visible from and adjacent to a freeway right-of-way in compliance with the following: are only for the purpose of advertising fuel, food, and/or lodging accommodations; sway -oriented signs are permitted only on freeway -adjacent sites for uses that are located within 200 feet of the freeway right-of-way; 3. It can be demonstrated that wall signage cannot be located on the building itself and a manner that will be visible to motorists traveling in either direction along the freeway; 4.1- The height of freestanding signs shall not exceed 25 feet above adjacent street grade or the freeway travel lanes (excluding on-off ramps); 5. The maximum sign face areas shall not exceed 10 feet in height and 20 feet width. If the site upon which lodging accommodations are located contains businesses engaged in the sale of food and fuel a. No more than one freestanding sign shall be permitted b. Changeable copy signage is not c. The maximum size permitted for the freestanding sign is not exceeded -,and d. No wall signs are visible from the freeway for uses identified on the - freestanding sign. e. Signs shall be separated by a minimum distance of 1,320 feet. 6. More than one use of each type may be identified on the freeway - 7. Freeway -oriented signs with an electronic reader board may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel equaling three or more acres or a group of parcels equaling three or more acres located adjacent to the freeway. a. Only one freeway -oriented signs with an electronic reader board shall be permitted for businesses which are located on the same parcel, or which are otherwise located in a single commercial development complex; b. Freeway -oriented signs with an electronic reader board shall be required to identify more than one business within a commercial development complex; c. Freeway -oriented signs with an electronic reader board shall not exceed a height of 65 feet and a total sign face area of 1,000 square feet which shall include the electronic reader d. Businesses utilizing a freeway -oriented sign with an electronic reader board may be located on a parcel different from that which the sign is located. However, such businesses shall be located within the commercial development complex that the sign is identifying; and e. Freeway -oriented signs with an electronic reader board shall be integrated with the design of structures on site in order to achieve a unified architectural statement. Monument signs may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel equaling three or more acres or a group of parcels equaling three or more acres located adjacent to the freeway. In addition, the wail sign shall meet the following a. Monument sign may be more than six feet in height but shall not exceed 12 feet in height and 72 square feet in sign b. Except as provided within this section, monument signs shall be required to meet specified sign standards within Wall signs may be permitted by Conditional Use Permit for commercial development complexes within the C-3 zone containing one parcel equaling three or more acres or a group of parcels equaling three or more acres located adjacent to the freeway. In addition, the monument sign shall meet the following requirements: a. Wall signs shall not exceed 300 square feet in total sign face area for commercial development complexes with 300 linear feet or more of property frontage adjacent to the freeway, and b. Except as provided within this section, wall signs shall be required to meet specified sign standards 1 1 3