Loading...
HomeMy WebLinkAboutPC 2001-38A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-06, COMPREHENSIVE SIGN PROGRAM NO. 2000-02 AND NEGATIVE DECLARATION NO. 2001-03 IN ORDER TO INSTALL A FREEWAY - ORIENTED FREESTANDING ELECTRONIC READER BOARD SIGN, THREE MONUMENT SIGNS, TWO CANOPY SIGNS AND ONE DEALERSHIP IDENTIFICATION WALL SIGN. THE PROJECT SITE IS LOCATED AT 515-525 S. GRAND AVENUE, (PARCELS 1, 2,3 AND 4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC and agent, George Saelzler of Electra -Vision Advertising have filed an application for Conditional Use Permit No. 2001-06, Negative Declaration No. 2001-03 and Comprehensive Sign Program No. 2000-02. The project site is located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Comprehensive Sign ' Program shall be referred to as the "Application". 2. On September 13, 2001, public hearing notices were mailed to approximately four property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places. Furthermore, the project site was posted with the required display board. On September 17, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 9, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was continued to November 27, 2001. The public hearing was continued due to Planning Commission concerns related to signs along the freeway corridor, their relationship to residential properties and consideration of a minimum 1,000 foot separation between a property with an electronic reader board and the nearest residential property. 4. On November 27, 2001, the Planning Commission concluded the continued public hearing. 1 PLANNING COMMISSION RESOLUTION NO. 2001- 38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-06, COMPREHENSIVE SIGN PROGRAM NO. 2000-02 AND NEGATIVE DECLARATION NO. 2001-03 IN ORDER TO INSTALL A FREEWAY - ORIENTED FREESTANDING ELECTRONIC READER BOARD SIGN, THREE MONUMENT SIGNS, TWO CANOPY SIGNS AND ONE DEALERSHIP IDENTIFICATION WALL SIGN. THE PROJECT SITE IS LOCATED AT 515-525 S. GRAND AVENUE, (PARCELS 1, 2,3 AND 4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC and agent, George Saelzler of Electra -Vision Advertising have filed an application for Conditional Use Permit No. 2001-06, Negative Declaration No. 2001-03 and Comprehensive Sign Program No. 2000-02. The project site is located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Comprehensive Sign ' Program shall be referred to as the "Application". 2. On September 13, 2001, public hearing notices were mailed to approximately four property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places. Furthermore, the project site was posted with the required display board. On September 17, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 9, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was continued to November 27, 2001. The public hearing was continued due to Planning Commission concerns related to signs along the freeway corridor, their relationship to residential properties and consideration of a minimum 1,000 foot separation between a property with an electronic reader board and the nearest residential property. 4. On November 27, 2001, the Planning Commission concluded the continued public hearing. 1 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 pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-03 has been prepared by the City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. The Negative Declaration's review period began September 17, 2001, and ended October 6, 2001. 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 herein, this Planning Commission hereby finds as follows: (a) The project relates to a somewhat rectangular -shaped commercial development complex consisting of four parcels (Parcel Map 15625, Parcels 1, 2, 3 and 4) totaling approximately 4.85 acres. Currently, the project site is partially developed. Parcel 1 is developed with a Honda dealership. Parcel 2 is developed with a Burger King restaurant. Parcels 3 and 4 are undeveloped but have the Planning Commission's approval to expand the dealership and construction a car wash/lube facility, which should occur in the near future. The project site's topography begins at an elevation of approximately 699 feet at Grand Avenue and slopes down to Old Brea Canyon Road to an elevation of approximately 677 feet. Both parcels contain easements for Los Angeles County flood control and storm drain and Southern California Edison. 2 (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of freeway -oriented, and/or community retail and service commercial uses. (c) The project site is within the Regional Commercial (C-3) Zone. This zoning designation permits a wide range of uses (i.e., retail trade, services, fueling/service stations, vehicle repair/maintenance, auto sales, car washes, restaurant's, etc.) (d) Generally, the following zones and uses surround the project site: To the north is the Burger King restaurant, Diamond Bar Honda dealership, C-3 Zone and boundary for the City of Industry; to the south is the Pomona (SR -60) Freeway; to the east is Grand Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for the City of Industry. The applicant owns Parcel 1 (Diamond Bar Honda), Parcel 2 (Burger King restaurant), and Parcels 3 and 4. Burger King leases Parcel 2. (e) The Application request is to install the following signs: A freestanding freeway -oriented electronic reader board sign 65 feet in height with a sign face area of approximately 1,074 square feet which includes the electronic reader board; three monument signs, one at 12.5 feet in height with a sign face area of approximately 52.56 square feet displaying the Honda corporate logo and "Honda" name in text, one at 5.5 feet in height with a sign face area of 30 square feet identifying fuel pricing, Union 76, the car wash and lube facility; two canopy signs at seven square feet each displaying the Union 76 corporate logo and another at 6.5 feet in height with a sign face area of 36 square feet identifying Burger King, Union 76 and car wash/lube facility; and one dealership identification wall sign with a sign face area of 266.5 square feet. CONDITIONAL USE PERMIT (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with will other applicable provisions of the Development Code and the Municipal Code; According to the City's Development Code standards pertaining to signs, the proposed signs are currently not permitted. Permitting the proposed signs is dependent on City Council approving Development Code Amendment No. 2001-02, ff the Council approves Development Code Amendment No. 2001-02, the proposed signs will be permitted (consistent with the Development Code Amendment) within a commercial development complex containing 4.5 acres or more if located immediately adjacent to the 3 freeway and in the C-3 Zone. As conditioned and amended herein, the proposed signs will comply with all other applicable provisions of the —m Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed signs are consistent with the General plan in that the signs will minimize sales tax leakage out of Diamond Bar and encourage the retention, rehabilitation, refurbishment, and/or expansion of revenue generating uses at the project site in sufficient quantities to meet the City's needs. The proposed signage including the electronic reader board will serve to further the City's economic development goals. The type of signage proposed is an important element in allowing competitive opportunities and to capture our fair share of sales tax revenue. This project, if approved, will benefit the City, the Honda dealership, Burger King and any other use of the project site by increased sales. There is no specific plan for the project area. As referenced in Item (f) above, the proposed project is consistent with the General Plan. (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The architectural style of the proposed signs will be consistent with the approved architectural style of the Honda dealership expansion, car wash/lube facility and the eventual remodel of Diamond Bar Honda. The proposed signs will also be compatible with the new image of the Honda stores as prescribed by the Honda Corporation. The signs proposed are more attractive than what presently exists on the site. The electronic reader board offers the City a chance not only for City identification but also for community service announcements. As a condition of approval, the applicant will be required to remove all existing dealership wall and roof signs, the existing Honda monument sign located adjacent to Grand Avenue and the existing freeway -oriented freestanding sign. Furthermore, the applicant will be required to remove all flags, balloons and inflatable devices that have not been approved through the Temporary Sign Permit process. The project site is located at the northwest city limits adjacent to the City of Industry. It is isolated from other commercial development within the City of Diamond Bar and City of industry and is well removed from residential uses. Businesses located on the project site depend on passersby or word-of-mouth for customers. The proposed signage will provide better freeway and Grand Avenue identification and visibility. Asa result, impacts to existing and future development are expected to be insignificant. 9 (i) The subject site is physically suitable for the type and density/intensity of the use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The project site, an existing commercial development complex is approximately 4.85 acres and as referenced in Item (h) above, the subject site is physically suitable to the proposed project. Access has been reviewed and the proposed signs do not interfere with the site's access and access has been deemed adequate. Utilities currently exist. As referenced above in Items (f), (g) and (h), the proposed signs will be compatible with adjoining land uses. The project contains Edison and storm drain easements. However, with these physical constraints all signs will be constructed out of all easements. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As amended herein and as referenced in Items (g) through (k) and with appropriate permits and inspections, the granting of the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City determined that a Negative Declaration was required for this project. The City prepared and adopted Negative Declaration No. 2001-03 on October 0, 2001. The Negative Declaration's review period began September 17, 2001, and ended October 6, 2001. Furthermore, Negative Declaration No. 2001-03 reflects the independent judgment of the City of Diamond Bar. COMPREHENSIVE SIGN PROGRAM (1) The Comprehensive Sign Program satisfies the purpose of this Chapter 22.36 -Sign Standard in the intent of this Section; The purpose of a Comprehensive Sign Program is to integrate the project's signs with the design of structures on site to achieve a unified architectural statement. A Comprehensive Sign Program provides a means forflexibility when applying sign regulations for a multiple tenant project and users of multiple signs. The Program encourages creativity and provides incentive and latitude in provisions of multiple signs while achieving and not 5 circumventing the intent of the Development Code Chapter 22.36 related to sign standards: The proposed signs satisfy the purpose of the City's sign standards and the intent of the Comprehensive Sign Program because all signs, as conditioned, comply with all sign standards including Development Code Amendment No. 2001-02 regarding signs within the C- 3 zone. The proposed signs architecture compatible with the design of all structures on site. The signs reflect corporate colors, which reflect the corporate images, which is reflective of colors chosen for structures on site. Furthermore, the signs proposed are more attractive than what presently exists on site. As a condition of approval, all existing signage will be removed.. (m) The signs enhance the overall development_, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or users they identify, and to the surrounding development; As referenced above in Items (h), (i), Q), and (I), the proposed signs enhance the overall development because their architecture compatible with the design of structures on site. The proposed signs are in harmony with and visually related to each other. (n) The Comprehensive Sign Program accommodate future revisions which may be required to changes in uses or tenants; and Through the Comprehensive Sign Program minor future revisions to the Program are allowed with the Directors approval. Major revisions require the approval of the Planning Commission. However, sign revisions due to a new tenant or use are permitted by the Development Code. (o) The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished purpose of this Chapter. As referenced above in Items (m) and (n), the Comprehensive Sign Program complies with the standards of Chapter 22.36 except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished the purposes of Chapter 22.36. 0 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 colors/materials board collectively labeled as Exhibit "A" dated November 27, 2001, as submitted and approved by the Planning Commission, as amended herein. (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 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) The freestanding freeway -oriented electronic reader board sign shall comply with all Caltrans regulations. Prior to the issuance of any City permits, the applicant shall submit verification of Caltrans' approval in writing to the City. (d) The illumination of the electronic reader board sign shall be subject to a 60 day lighting level review by the City after installation. (e) The freestanding freeway -oriented electronic reader board sign shall not exceed a total sign face area of 1,000 square feet. The sign face area shall— include the message center as well as all other areas identifying the businesses on site. (f) The applicant shall provide the City with a minimum of 10 percent of the message time for community service announcements at no charge. The 10 percent time frame shall be evenly distributed between 8:00 a.m. and 7:00 p.m. of each day. (g) The electronic reader board hours of operation shall be from 5:00 a.m. to 10:00 P.M. (h) Off-site messages/advertising shall not be permitted on any signs within the subject commercial development complex. (i) F The existing freestanding freeway -oriented sign and all other signs on site shall be removed prior to the issuance of any sign permits. All flags, inflatable devices, etc., shall be removed prior to the issuance of any sign permits. 7 (j) Temporary banners, small balloons or other temporary advertising devices shall require the approval of a Temporary Use Perr-it not exceeding a total of 45 days per calendar year. (k) Rooftop inflatable advertising devices shall be prohibited. (1) All monument signs shall contain Arabic number address plates identifying the project or use by a specific street address. The address plates shall not exceed four square feet of sign face area and numbers shall be a minimum of three inches in height and shall be clearly visible from the adjacent street. (m) Landscaping shall be provided at the base of the supporting structure of all monument signs equal to twice the area of one face of the sign. All landscaping shall be installed prior to final inspection. (n) The monument sign located on Parcel 1 and adjacent to Grand Avenue identifying Diamond Bar Honda shall not exceed a maximum height of six feet. (o) Permits for signs approved by this grant shall not be issued prior to final inspection or Certificate of Occupancy of the dealership expansion and car wash/lube facility. (p) Wall sign attachment shall be engineered to meet wind loads of 80 mph with an exposure "C". (q) Applicant shall show the location of disconnect switch, method of the electric sign attachment to sign base and verification of U.L. approval. (r) Electrical conduit shall not be exposed. (s) Plans shall conform to State and Local Building Codes (i.e., 1998 edition of the Uniform Building Code and the 1996 addition of the National Electrical Code) as well as the State Energy Code. (t) Signs shall not be located within any easements. All monument signs shall be located a minimum of 10 feet from the ultimate right-of-way. (u) This grant shall not be valid unless Development Code Amendment No. 2001-02 is approved and in full force and effect. (v) 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, 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 8 1 1 City processing fees, school fees and fees for the review of submitted reports. (w) 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 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, to: Mathew Tachdjian, Col -Am Properties, LLC, P.O. Box 4655, Diamond Bar, CA 91765 and George Saelzler, Electra -Vision Advertising, 731 W. 11 th St., Claremont, CA 91711. APPROVED AND ADOPTED THIS 27TH OF COMMISSION OF THE CITY OF DIAMOND BAR. i= Bob Zirbes, Chairman NOVEMBER 2001, BY THE PLANNING 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 27th day of November 2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson NOES: Tye ABSENT: None ABSTAIN: None )y ATTEST: JaC__�__ e_ e Secretary 9 PLANNING COMMISSION 1 RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-06, COMPREHENSIVE SIGN PROGRAM NO. 2000-02 AND NEGATIVE DECLARATION NO. 2001-03 IN ORDER TO INSTALL A FREEWAYORIENTED FREESTANDING ELECTRONIC READER BOARD SIGN, THREE MONUMENT SIGNS, TWO CANOPY SIGNS AND ONE DEALERSHIP IDENTIFICATION WALL SIGN. THE PROJECT SITE IS LOCATED AT 515-525 S. GRAND AVENUE, (PARCELS 1, 2,3 AND 4 OF A. RECITALS. 1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC and agent, George Saelzler of Electra -Vision Advertising have filed an application for Conditional Use Permit No. 2001-06, Negative Declaration No. 2001-03 and Comprehensive Sign Program No. 2000-02. The project site is located at 515-525 S. Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Comprehensive Sign Program shall be referred to as the "Application". 2. On September 13, 2001, public hearing notices were mailed to approximately four property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places. Furthermore, the project site was posted with the required display board. On September 17, 2001., notification of the puhlic hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 9, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was continued to November 27, 2001. The public hearing was continued due to Planning Commission concerns related to signs along the freeway corridor; their relationship to residential properties and consideration of a minimum 1,000 foot separation between a property with an electronic reader board and the nearest residential property. 4. On November 27, 2001, the Planning Commission concluded the continued public hearing. 1 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 pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-03 has been prepared by the City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder; pursuant to Section 15070. The Negative Declaration's review period began September 17, 2001, and ended October 6, 2001. 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 herein; this Planning Commission hereby finds as follows: (a) The project relates to a somewhat rectangular -shaped commercial development complex consisting of four parcels (Parcel Map 15625, Parcels 1, 2, 3 and 4) totaling approximately 4.85 acres. Currently, the project site is partially developed. Parcel 1 is developed with a Honda dealership. Parcel 2 is developed with a Burger King restaurant. Parcels 3 and 4 are undeveloped: but have the Planning Commission's approval to expand the dealership and construction a car wash/tube facility, which should occur in the near future. The project site's topography begins at an elevation of approximately 699 feet at Grand Avenue and slopes down to - Old Brea Canyon Road to an elevation of approximately 677 feet. Both (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of freeway -oriented, and/or community retail and service commercial uses. (c) The project site is within the Regional Commercial (C-3) Zone. This zoning designation permits a wide range of uses (i.e., retail trade, services, fueling/service stations, vehicle repair/maintenance, auto sales, car washes, restaurant's, etc.) (d) Generally, the following zones and uses surround the project site: To the north is the Burger King restaurant, Diamond Bar Honda dealership, C-3 Zone and boundary for the City of Industry; to the south is the Pomona (SR -60) Freeway; to the east is Grand Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for the City of Industry. The applicant owns Parcel 1 (Diamond Bar Honda), Parcel 2 (Burger King restaurant), and Parcels 3 and 4. Burger King leases Parcel 2. (e) The Application request is to install the following signs: A freestanding freeway -oriented electronic reader board sign 65 feet in height with a sign face area of approximately 1,074 square feet which includes the electronic reader board; three monument signs, one at 12.5 feet in height with a sign face area of approximately 52.56 square feet displaying the Honda corporate logo and "Honda" name in text, one at 5.5 feet in height with a sign face area of 30 square feet identifying fuel pricing, Union 76, the car wash and lube facility; two canopy signs at seven square feet each displaying the Union 76 corporate logo and another at 6.5 feet in height with a sign face area of 36 square feet identifying Burger King, Union 76 and car wash/tube facility; and one dealership identification wall sign with a sign face area of 266.5 square feet. CONDITIONAL USE PERMIT (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with will other applicable provisions of the Development Code and the Municipal Code; According to the City's Development Code standards pertaining to signs, the proposed signs are currently not permitted. Permitting the proposed signs is dependent on City Council approving Development Code Amendment No. 2001-02. If the Council approves Development Code Amendment No. 2001-02, the proposed signs will be permitted (consistent with the Development Code Amendment) within a commercial development complex containing 4.5 acres or more if located immediately adjacent to the freeway and in the C-3 Zone. As conditioned and amended herein, the proposed signs will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed signs are consistent with the General plan in that the signs will minimize sales tax leakage out of Diamond Bar and encourage the retention, rehabilitation, refurbishment, and/or expansion of revenue generating uses at the project site in sufficient quantities to meet the City's needs. The proposed signage including the electronic reader board will serve to further the City's economic development goals. The type of signage proposed is an important element in allowing competitive opportunities and to capture our fair share of sales tax revenue. This project, if approved; will benefit the City, the Honda dealership, Burger King and any other use of the project site by increased sales. There is no specific plan for the project area: As referenced in Item (f) above, the proposed project is consistent with the General Plan. (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; - The architectural style of the proposed signs will be consistent with the approved architectural style of the Honda dealership expansion, car washllube facility and the eventual remodel of Diamond Bar Honda. The proposed signs will also be compatible with the new image of the Honda stores as prescribed by the Honda Corporation. The signs proposed are more attractive than what presently exists on the site. The electronic reader board offers the City a chance not only for City identification but also for community service announcements. As a condition of approval, the applicant will be required to remove all existing dealership wall and roof signs, the existing Honda monument sign located adjacent to Grand Avenue and the existing freeway -oriented freestanding sign. Furthermore, the applicant will be required to remove all flags, balloons and inflatable devices that have not been approved through the Temporary Sign Permit process. The project site is located at the northwest city limits adjacent to the City of Industry. It is isolated from other commercial development within the City of Diamond Bar and City of Industry and is well removed from residential uses. Businesses located on the project site depend on passersby or word-of-mouth for customers. The proposed signage will provide better freeway and Grand Avenue identification and visibility. As a result, impacts to existing and future development are expected to be (i) The subject site is physically suitable for the type and density/intensity of the use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The project site, an existing commercial development complex is approximately 4.85 acres and as referenced in Item (h) above, the subject site is physically suitable to the proposed project. Access has been reviewed and the proposed signs do not interfere with the site's access and access has been deemed adequate. Utilities currently exist. As referenced above in Items (f), (g) and (h), the proposed signs will be compatible with adjoining land uses. The project contains Edison and storm drain easements. However, with these physical constraints all signs will be constructed out of all easements. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As amended herein and as referenced in Items (g) through (k) and with appropriate permits and inspections, the granting of the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, orinjurious to persons, property, orimprovements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City determined that a Negative Declaration was required for this project. The City prepared and adopted Negative Declaration No: 2001-03 on October 9; 2001. The Negative Declaration's review period began September 17, 2001, and ended October 6, 2001. Furthermore, Negative Declaration No. 2001-03 reflects the independent judgment of the City of Diamond Bar. COMPREHENSIVE SIGN PROGRAM (1) The Comprehensive Sign Program satisfies the purpose of this Chapter 22.36 - Sign Standard in the intent of this Section; The purpose of a Comprehensive Sign Program is to integrate the project's signs with the design of structures on site to achieve a unified architectural statement. A Comprehensive Sign Program provides a means for flexibility when applying sign regulations for a multiple tenant project and users of multiple signs. The Program encourages creativity and provides incentive and latitude in provisions of multiple signs while achieving and not circumventing the intent of the Development Code Chapter22.36 related to sign standards: The proposed signs satisfy the purpose of the City's sign standards and the intent of the Comprehensive Sign Program because all signs, as conditioned, comply with all sign standards including Development Code Amendment No. 2001-02 regarding signs within the C- 3 zone. The proposed signs architecture compatible with the design of all structures on site. The signs reflect corporate colors, which reflect the corporate images, which is reflective of colors chosen for structures on site. Furthermore, the signs proposed are more attractive than what presently exists on site. As a condition of approval, all existing signage will be removed.. (m) The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the Comprehensive Sign Program and to the structure and/or users they identify, and to the surrounding development; As referenced above in Items (h), (i), 6), and (1), the proposed signs enhance the overall development because their architecture compatible with the design of structures on site. The proposed signs are in harmony with and visually related to each other. (n) The Comprehensive Sign Program accommodate future revisions which may be required to changes in uses or tenants; and Through the Comprehensive Sign Program minor future revisions to the Program are allowed with the Directors approval. Major revisions require the approval of the Planning Commission. However, sign revisions due to a new tenant or use are permitted by the Development Code. (o) The Comprehensive Sign Program complies with the standards of this Chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished purpose of this Chapter. As referenced above in Items (m) and (n), the Comprehensive Sign Program complies with the standards of Chapter22.36 except that flexibility is allowed with regard to sign area, number, location, andlor height to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplished the purposes of Chapter 22.36: 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 colors/materials board collectively labeled as Exhibit "A" dated November 27, 2001, as submitted and approved by the Planning Commission, as amended herein. (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 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) The freestanding freeway -oriented electronic reader board sign shall comply with all Caltrans regulations. Prior to the issuance of any City permits, the applicant shall submit verification of Caltrans' approval in writing to the City. The illumination of the electronic reader board sign shall be subject to a 60 day lighting level review by the City after installation. (e) , The freestanding freeway -oriented electronic reader board sign shall not exceed a total sign face area of 1,000 square feet. The sign face area shallinclude the message center as well as all other areas identifying the businesses on site. (f) The applicant shall provide the City with a minimum of 10 percent of the message time for community service announcements at no charge. The 10 percent time frame shall be evenly distributed between 8:00 a.m. and 7:00 p.m. of each day. (g) The electronic reader board hours of operation shall be from 5:00 a.m. to 10:00 p:m. (h) Off-site messages/advertising shall not be permitted on any signs within the subject commercial development complex. (i) R The existing freestanding freeway -oriented sign and all other signs on site shall be removed prior to the issuance of any sign permits. All flags, inflatable devices, etc., shall be removed prior to the issuance of any sign . permits. (j) Temporary banners, small balloons or other temporary advertising devices shall require the approval of a Temporary Use Perr-it not exceeding a total of 45 days per calendar year. (k) Rooftop inflatable advertising devices shall be prohibited. (1) All monument signs shall contain Arabic number address plates identifying the project or use by a specific street address. The address plates shall not exceed four square feet of sign face area and numbers shall be a minimum of three inches in height and shall be clearly visible from the adjacent street. (m) Landscaping shall be provided at the base of the supporting structure of all monument signs equal to twice the area of one face of the sign. All landscaping shall be installed prior to final inspection. (n) The monument sign located on Parcel 1 and adjacent to Grand Avenue identifying Diamond Bar Honda shall not exceed a maximum height of six feet. (o) Permits for signs approved by this grant shall not be issued prior to final inspection or Certificate of Occupancy of the dealership expansion and car wash/lube facility. (p) Wall sign attachment shall be engineered to meet wind loads of 80 mph with an exposure "C". (q) Applicant shall show the location of disconnect switch, method of the electric sign attachment to sign base and verification of U. L. approval. (r) Electrical conduit shall not be exposed. (s) Plans shall conform to State and Local Building Codes (i.e., 1998 edition of the Uniform Building Code and the 1996 addition of the National Electrical Code) as well as the State Energy Code. (t) Signs shall not be located within any easements. All monument signs shall be located a minimum of 10 feet from the ultimate right-of-way. (u) This grant shall not be valid unless Development Code Amendment No. 2001- 02 is approved and in full force and effect. (v) 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, 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 City processing fees, school fees and fees for the review of submitted 1 reports. (w) 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 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, to: Mathew Tachdjian; Col -Am Properties, LLC, P.O: Box 4655, Diamond Bar, CA 91765 and George Saelzler, Eiectra-Vision Advertising, 731 W. 11 th St., Claremont, CA 91711. 1 APPROVED AND ADOPTED THIS 27TH OF NOVEMBER 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 27th day of November 2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson NOES: Tye ABSENT: None ABSTAIN: None ATTEST: 4; Ja es DeStefano, Secretary 9