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HomeMy WebLinkAboutPC 2009-22PLANNING COMMISSION RESOLUTION NO. 2009-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF AN AMENDMENT TO COMPREHENSIVE SIGN PROGRAM NO. 2006-04, FOR DIAMOND HILLS PLAZA IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRING LANE, DIAMOND BAR, CALIFORNIA (APNS 8285-020-31 THROUGH 51). A. RECITALS. The property owner and applicant, Country Hills Holdings LLC, has filed an application to amend Comprehensive Sign Program No. 2006-04, for Diamond Hills Plaza, located on Diamond Bar Boulevard between Fountain Springs Road and Cold Spring Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Comprehensive Sign Program 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 September 22, 2009, 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 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 from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 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. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of Diamond Hills Plaza. 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. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. b. All conditions of approval for Comprehensive Sign Program 2006-04, Conditional use Permit 2007-01 and Variance 2006-04 approved by City Council Resolution No. 2007-07 shall remain in full force and effect except as amended herein. 2 Planning Commission Resolution No. 2009-21 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: Robert Poyner, Country Hills Holding, LLC, 8115 Preston Road, Suite 400 Dallas, TX 75225 APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER 2009,13Y THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, C man I, Greg Gubman, 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 22 d of September 2009, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gu an, Secretary 3 Comprehensive Sign Program No. 2006-04 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Comprehensive Sign Program No. 2006-04 AMD SUBJECT: Revisions to existing Sign Program to increase tenant signage PROPERTY OWNER: Country Hills Holding, LLC APPLICANT: Robert Poyner LOCATION: Diamond Hills Plaza, Diamond Bar Boulevard between Cold Spring Lane and Fountain Sorinas Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Comprehensive Sign Program No. 2006- 04AMD brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 4 Planning Commission Resolution No 2009-21 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Comprehensive Sign Program No. 2006-04AMD, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 5 Planning Commission Resolution No. 2009-21 C. TIME LIMITS The approval of Comprehensive Sign Program No. 2006-04AMD shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Lights shall be fluorescent. End 6 Planning Commission Resolution No. 20D9-21 PLANNING COMMISSION RESOLUTION NO. 2009-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF AN AMENDMENT TO COMPREHENSIVE SIGN PROGRAM NO. 2006-04, FOR DIAMOND HILLS PLAZA IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRING LANE, DIAMOND BAR, CALIFORNIA (APNS 8285-020-31 THROUGH 51). A. RECITALS. 1. The property owner and applicant, Country Hills Holdings LLC, has filed an application to amend Comprehensive Sign Program No. 2006-04, for Diamond Hills Plaza, located on Diamond Bar Boulevard between Fountain Springs Road and Cold Spring Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Comprehensive Sign Program 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 September 22, 2009, 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 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 from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 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. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of Diamond Hills Plaza. 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. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. b. All conditions of approval for Comprehensive Sign Program 2006-04, Conditional use Permit 2007-01 and Variance 2006- 04 approved by City Council Resolution No. 2007-07 shall remain in full force and effect except as amended herein. 2 Planning Commission Resolution No. 2009-21 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: Robert Poyner, Country Hills Holding, LLC, 8115 Preston Road, Suite 400 Dallas, TX 75225 APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, Greg Gubman, 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 22nd of September 2009, by the following vote: BY: Tony Torng, C man AYES: NOES: ABSENT: ABSTAIN: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng Commissioners: None Commissioners: None Commissioners: None ATTEST: Greg Gu5 an, Secretary 3 Comprehensive Sign Program No. 2006-04 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Comprehensive Sign Program No. 2006-04 AMD SUBJECT: Revisions to existing Sign Program to increase tenant signage PROPERTY OWNER: Country Hills Holding, LLC APPLICANT: Robert Poyner LOCATION: Diamond Hills Plaza, Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Comprehensive Sign Program No. 2006- 04AMD brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 4 1. Planning Commission Resolution No 2009-21 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Comprehensive Sign Program No. 2006-04AMD, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 5 Planning Commission Resolution No. 2009-21 C. TIME LIMITS 1. The approval of Comprehensive Sign Program No. 2006-04AMD shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Lights shall be fluorescent. End 6 Planning Commission Resolution No. 2009-21