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HomeMy WebLinkAboutPC 2007-07PLANNING COMMISSION RESOLUTION NO. 2007-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF THE COMPREHENSIVE SIGN PROGRAM NO. 2006-04, CONDITIONAL USE PERMIT NO. 2007-01 AND VARIANCE NO. 2006-04 FOR THE COUNTRY HILLS TOWNE CENTER IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA (APNS 8285- 020-31 THROUGH 51). A. RECITALS. The property owner and applicant, Country Hills DB, LLC, has filed an application for Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04 for property located on Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Comprehensive Sign Program and Variance shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 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, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this resolution does not require further CEQA review. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt in accordance to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 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 wildlife resources orthe 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: Comprehensive Sign Program (CSP) The proposed project is consistent with the required comprehensive sign program findings contained in Section 22.36.060 of the Development Code as follows: (a) The Comprehensive Sign Program satisfies the purpose and the intent of Section 22.36.010 of the Development Code. (b) 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 uses they identify, and to the surrounding development. The signs contain similar treatments, colors, location and size that are internally consistent and compatible with the proposed renovation of the Country Hills Towne Center fagade. (c) The comprehensive sign program accommodates future revisions that may be required due to changes in uses or tenants. The sign program contains standards and guidelines that new signs are required to meet. (d) 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 accomplish the purposes of this chapter. As conditioned and with the approval of the variance, the comprehensive sign program complies with the standards with additional signs and height that allows signs to 2 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. be seen from the public right-of-way. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of the Country Hills Towne Center. Variance (VAR) (d) There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance is required to allow the property owner to reduce the monument sign setback from Diamond Bar Boulevard. The special circumstance applicable to the property is the approximately 20 -foot grade difference between the roadway and the shopping center. The grade difference will result in poor visibility of the monument signs from the public street if the minimum 10 -foot -wide setback is enforced. The site's grade difference from the roadway places constraints on the use of the property that are not shared by other properties in the same zone. The gas station and carwash properties located on the corner of Diamond Bar Blvd. and Cold Springs Lane have relatively flat slopes and are at approximately the same grade as Diamond Bar Blvd. (e) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to construct monument signs with sufficient visibility from Diamond Bar Boulevard. The adjacent commercial properties are close to or at the same elevation as Diamond Bar Boulevard. (f) Granting the variance is consistent with the general plan and any applicable specific plan. The variance is consistent with Objective 1.3 of the General Plan Land Use Element that states that sufficient land shall be designated for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs. 3 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. The proposed comprehensive sign plan with the approval of the variance for setbacks and the conditional use permit for the pylon sign will enhance the proposed renovation of an existing shopping center. The proposed renovation will assist in the revitalization of an older shopping center by enticing new customers into the center. Consequently, the project will assist in the retention of an existing retail center that provides services to nearby residents. (g) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Los Angeles County Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a)through (c), the proposed project will not have a negative effect on property values or in the vicinity. (h) The proposed entitlement has been reviewed in compliance with the provisions of CEQA and found to be categorically exempt pursuant to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (i) The proposed use is allowed within the subject zoning districtwith the approval of a conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves modification to an existing nonconforming pylon sign. The Conditional Use Permit will allow the continued use of a nonconforming structures with improvements to the sign that will be aesthetically consistent with surrounding buildings and signs. (j) The proposed use is consistent with General Plan Objective 1.3 that states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping 4 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed modifications to the nonconforming structure is consistent with this objective in that, as conditioned, it will provide an aesthetically appealing sign that will blend with the surrounding area and will complement the design of the Country Hills Towne Center. The proposed modification is also consistent with the Country Hills Towne Center comprehensive sign program. (k) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed modifications to the nonconforming structure are consistent with design of the shopping center and will provide an aesthetically appealing structure that will complement and enhance the surrounding area. (1) As referenced above in Items (a) through (c), the project site is physically suitable for the type and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (m) As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. (n) The proposed project has been reviewed in compliance with CEQA and found to be categorically exempt in accordance to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. General The project shall substantially conform to the Comprehensive Sign Program 2006-04 labeled as Exhibit "A" dated January 23, 2007, as submitted to and approved by the Planning Commission, and as amended herein. 5 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. 2. To ensure compliance with all conditions of approval and applicable codes, the conditional use permit shall be subject to periodic review. If non-compliance with the conditions of approval occurs, the Planning Commission may review the conditional use permit. The Commission may revoke or modify the conditional use permit. 3. 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 fee 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. b. Planning Division 1. Before issuance of any City permits, the applicant shall provide revised comprehensive sign program for the Planning Division's review and approval with the following changes: (a) The maximum of one primary and one secondary is allowed for major tenants B-2 and B-3. (b) Only one wall sign shall be allowed forfood court tenants. (c) One wall sign per building elevation up to a maximum of 3 per business for shops at D-2. (d) The secondary wall sign for shops at D-1 shall be reduced to a maximum of 30 square feet. (e) One wall sign per building elevation up to a maximum of 2 per business for shops at D-1. (f) The shopping center addresses provided on lower portion of the existing pylon sign directly below the shopping center identification signage. 6 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. 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 Applicant, Attn: Michael McCarthy, Country Hills DB, LLC, 9595 Wilshire Blvd., Ste. 214, Beverly Hills, CA 90212 APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: d&L Steve Nelson, Chairman I, Nancy Fong, 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 23rd of January 2007, by the following vote: AYES: Commissioners: Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: Lee ABSTAIN: Commissioners: None ATTEST: 7 PLANNING COMMISSION RESOLUTION NO. 2007-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF THE COMPREHENSIVE SIGN PROGRAM NO. 2006-04, CONDITIONAL USE PERMIT NO. 2007-01 AND VARIANCE NO. 2006-04 FOR THE COUNTRY HILLS TOWNE CENTER IN THE C-2 ZONE, LOCATED WEST OF IDIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA (APNS 8285- 020-31 THROUGH 51). A. RECITALS. 1. The property owner and applicant, Country Hills DB, LLC, has filed an application for Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04 for property located on Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Comprehensive Sign Program and Variance shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 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 does not require further CEQA review. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt in accordance to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 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 wildlife 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: Comprehensive Sign Program (CSP) The proposed project is consistent with the required comprehensive sign program findings contained in Section 22.36.060 of the Development Code as follows: (a) The Comprehensive Sign Program satisfies the purpose and the intent of Section 22.36.010 of the Development Code. (b) 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 uses they identify, and to the surrounding development. The signs contain similar treatments, colors, location and size that are internally consistent and compatible with the proposed renovation of the Country Hills Towne Center facade. (c) The comprehensive sign program accommodates future revisions that may be required due to changes in uses or tenants. The sign program contains standards and guidelines that new signs are required to meet. (d) 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 accomplish the purposes of this chapter. As conditioned and with the approval of the variance, the comprehensive sign program complies with the standards with additional signs and height that allows signs to 2 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. be seen from the public right-of-way. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of the Country Hills Towne Center. Variance (VAR) (d) There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance is required to allow the property owner to reduce the monument sign setback from Diamond Bar Boulevard. The special circumstance applicable to the property is the approximately 20 -foot grade difference between the roadway and the shopping center. The grade difference will result in poor visibility of the monument signs from the public street if the minimum 10 -foot -wide setback is enforced. The site's grade difference from the roadway places constraints on the use of the property that are not shared by other properties in the same zone. The gas station and carwash properties located on the corner of Diamond Bar Blvd. and Cold Springs Lane have relatively flat slopes and are at approximately the same grade as Diamond Bar Blvd. (e) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property for which the variance is sought. M The strict application of the development standard would deny the property owner the right to construct monument signs with sufficient visibility from Diamond Bar Boulevard. The adjacent commercial properties are close to or at the same elevation as Diamond Bar Boulevard. Granting the variance is consistent with the general plan and any applicable specific plan. The variance is consistent with Objective 1.3 of the General Plan Land Use Element that states that sufficient land shall be designated for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs. 3 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. The proposed comprehensive sign plan with the approval of the variance for setbacks and the conditional use permit for the pylon sign will enhance the proposed renovation of an existing shopping center. The proposed renovation will assist in the revitalization of an older shopping center by enticing new customers into the center. Consequently, the project will assist in the retention of an existing retail center that provides services to nearby residents. (g) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Los Angeles County Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), the proposed project will not have a negative effect on property values or in the vicinity. (h) The proposed entitlement has been reviewed in compliance with the provisions of CEQA and found to be categorically exempt pursuant to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: U) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves modification to an existing nonconforming pylon sign. The Conditional Use Permit will allow the continued use of a nonconforming structures with improvements to the sign that will be aesthetically consistent with surrounding buildings and signs. The proposed use is consistent with General Plan Objective 1.3 that states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping 4 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed modifications to the nonconforming structure is consistent with this objective in that, as conditioned, it will provide an aesthetically appealing sign that will blend with the surrounding area and will complement the design of the Country Hills Towne Center. The proposed modification is also consistent with the Country Hills Towne Center comprehensive sign program. (k) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed modifications to the nonconforming structure are consistent with design of the shopping center and will provide an aesthetically appealing structure that will complement and enhance the surrounding area. (I) (m) As referenced above in Items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. (n) The proposed project has been reviewed in compliance with CEQA and found to be categorically exempt in accordance to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. General The project shall substantially conform to the Comprehensive Sign Program 2006-04 labeled as Exhibit "A" dated January 23, 2007, as submitted to and approved by the Planning Commission, and as amended herein. 5 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. 2. To ensure compliance with all conditions of approval and applicable codes, the conditional use permit shall be subject to periodic review. If non-compliance with the conditions of approval occurs, the Planning Commission may review the conditional use permit. The Commission may revoke or modify the conditional use permit. 3. 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 fee 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. b. Planning Division 1. Before issuance of any City permits, the applicant shall provide revised comprehensive sign program for the Planning Division's review and approval with the following changes: (a) The maximum of one primary and one secondary is allowed for major tenants B-2 and B-3. (b) Only one wall sign shall be allowed for food court tenants. (c) One wall sign per building elevation up to a maximum of 3 per business for shops at D-2. (d) The secondary wall sign for shops at D-1 shall be reduced to a maximum of 30 square feet. (e) One wall sign per building elevation up to a maximum of 2 per business for shops at D-1. (f) The shopping center addresses provided on lower portion of the existing pylon sign directly below the shopping center identification signage. 6 Planning Commission Resolution No. 2007-07 CSP 2006-04, etc. 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 Applicant, Attn: Michael McCarthy, Country Hills DB, LLC, 9595 Wilshire Blvd., Ste. 214, Beverly Hills, CA 90212 APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Nancy Fong, 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 23rd of January 2007, by the following vote: AYES: Commissioners: Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: Lee ABSTAIN: Commissioners: None ATTEST: 7