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HomeMy WebLinkAbout06/25/1990June 25, 1990 DIAMOND BAR PLANNING COMMISSION 7:00 P.M. WALNUT VALLEY UNIFIED SCHOOL DISTRICT BOARD MEETING ROOM 880 SOUTH LEMON STREET WALNUT, CA CALL TO GRDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: COMMISSIONERS: GROTHE, LIN, MACSRIDE, VICE CHAIRMAN HARMONY, CHAIRMAN SCHEY I. APPROVAL OF MINUTES: May 14, 1990, June 11, 1990. II. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. III. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 1, City Council Minutes - meeting of June 5, 1990. 2. Draft Environmental Impact Report for tentative tract i1No. 47722 and Conditional Use Permit No. 89338. DIAMOND BAR PLANNING COMMISSION REGULAR MEETING JUNE 25, 1990 IV. DISCUSSION ITEMS: 1. Feasibility Study for Soquel Canyon/Tonner Canyon prepared for the County of San Bernardino and the County of Orange. Recommended Action: Discuss and comment, direct Staff as necessary. V. HEARING ITEMS: Variance 90-0054 This Variance request pertains to allowing a three (3) story residential structure to be constructed which would exceed the maximum of 2 1/2 stories, also the structure would exceed the maximum Project is located at 2108 R ock and Rocky View Road. Recom mended Action: building height or 35 • Ru sty Spur Road, between Flint Staff recommends that the Planning Commission consider all data, input and elements of the variance application and Continue Permit Public be dequatelytil such processed,me that she Treean Preliminar Draft Sign Ordinance Per Planning Commission direction, staff has provided the Commission with copies of surrounding cities' sign ordinances (i.e. Mission VieAlso .the planning astaff Dimas, Torrance, Santa Barbara). phas rovided a preliminary draft ordinance for Commission's review and comment. The submitted draft ordinance reflects the moss conservative components of those that were analyzed. Recommended Action: Receive public comment, direct staff as necessary. DIAMOND BAR PLANNING REGULAR MEETING JUNE 25, 1990 VI. ,ANNOUNCEMENTS: COMMISSION This time is set aside for any Planning Commissioner to direct staff regarding any matters to be discussed at the next regular meeting. VII. ADJGURNMEN7: c:wp50\agenda\agenda-2.jun\isk 3 CITY OF DIAMOND 8AR MINUTES OF CITY PLANNING COMMISSION JUKE 11 1990 The Planning Commission of the City of Diamond Bar convened in a regular session at 7:00 P.M. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Walnut, California. PRESENT: 4 COMMISSIONERS: Grothe, Lin, MacBride, Vice e Chairman Harmony, and Schey ABSENT: 0 COMMISSIONERS: ALSO PRESENT: Bill Curley, City Attorney Ron Kranzer, City Engineer Dennis Tarango. Acting Planning Director Robert Searcy, Assistant Planning Director Dawn Anderson. Planning Technician Larry Weissman, Associate Planner MINUTES: Chairman Schey asked the Commission to consider the Minutes of May 14, 1990. Secretary Tarango stated that staff wishes to hold the review of the minutes over to the next meeting in order to ailow staff time to make somE'additional revisions. Motion was made by Vice Chairman Harmony and seconded by Commissioner Grothe to continue the minutes to the next meeting. MOTION CARRIED unanimously. MATTERS FROM THE PUBLIC_ There were none. CONSENT CALENDAR_- 1. City Council Minutes - meetings of May 1st, i th and 2 nd, 1990. DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 117 1990 2. Future meetings: Joint meeting with the City Council June 12, 1990 at 6:30 p.m. at Walnut Valley JUnified School District Board Room, 880 N. Lemon Avenue. Motion was made by Vice Chairman Harmony and seconded by Commissioner MacBride to approve the consent calendar. MOTION CARRIED unanimously. DISCUSSION ITEMS: 1. Hei ht Ordinance Revision Draft. The ordinance provides a new definition for the "height of buildings or structures A uniform height limit of thirty- five feet would be specified in Zones R-14 R-2, R-3, C-H, C- 1, and C-21 without reference to the number of stories and without reference to the Director's Review Procedure. The variance becomes the uniform means of modifying height restrictions in all zones. Chairman Schey stated that he believed that there was an aspect of the new proposed code which would require review of staff under certain circumstances. He asked if this was also being deleted. Secretary Tarango stated that the alternative would be through a variance procedure. Vice Chairman Harmony asked staff what would be the criteria for an appealof this ordinance and what is the reasoning for the proposed ordinance? Secretary Tarango stated that topography, architectural distinction, and 3 story homes where this type of structure would be in conformance with the surrounding area are some of the reasons for an appeal. Chairman Schey asked Mr. Curley if there was a criteria for granting variances in the State Planning Code, Mr. Curley stated that there is a list of requirements that have to be satisfied. He also stated that in any consideration of variances, the Commission will want to make detailed findings to support the rationale. 2 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 117 1990 Mr. Searcy stated that the reason the present ordinance might not be suitable for the City of Diamond Bar is because Diamond Bar has a unique terrain over the vast majority of the City. The way the ordinance was written for the County it is not adequate to fit the topography that Diamond Bar has and the uniaue situations that may arise in residential development in particular. They will not be changing the height limitation, only the reference to basement and cellar. This will allow as many floors as one can build within thirty-five feet. Motion was made by Vice Chairman Harmony and seconded by Commissioner Grothe to direct staff to draft a height ordinance for the Planning Commission to review and to establish a public hearing date. MOTION CARRIED unanimously. 2. DBIA Informal Sign Survev. Secretary Tarango stated that he felt it would be beneficial for the commission to see input from DBIA and the Chamber of Commerce regarding the sign ordinance. This Ordinance will be one of the items discussed at the Joint meeting of June 12th and it is also scheduled for public hearing on June 25th. Commissioner Maceride stated that the survey conducted by DBIA is interesting in that it uses the questionnaire that was prepared by the Chamber of Commerce for business purposes. These questions were placed in the Windmill and everyone who receives a copy of the Windmill was asked to spend $.25 if they were interested in receiving the questionnaire and return it with their comments. He was pleased with the number of citizens who participated in this survey. He stated that he played a large part in this survey. He fell: that his position now on the Planning Commission may be perceived as prejudice and he wanted to tell the community that he is sensitive to their needs. Due to this fact, he offered his resignation as president of the Diamond Bar Improvement Association to the Board. He feels that he will be able to participate objectively in the discussions, research and the eventual ordinance that will ensue. Chairman Schey felt that it would be appropriate to hold this item over to tomorrow's meeting since it is one of the topics of the meeting• 3 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 117 1990 3. Televising of Planning Commission Meetings. Secretary Tarango stated that a few months ago the Planning Commission decided to hold this over to June 11th Commission meeting to allow City Council time to work out any possible contracts with Jones Inter -Cable Company. This is brought to the Commission for further discussion so that they can direct staff as necessary to notify the Council of what their preference is. Vice Chairman Harmony asked Jones Inter -Cable to come before the Commission and discuss this matter with them, d that they Janet Spatz, representing Jones inter -Cable, state are in the process of working with the Council to provide an opportunity to tape their Council meetings. She will submit a proposal to them tomorrow. She has discussed with the Council members individually how she feels and how they feel. They do not have the ability to do live transmissions. Their only means at this time is cable. These tapes will be immediately erased after they are shown on cable, they do not library tapes. They are prepared, to, with Council's permission, tape Planning Commission meetings. She asked the Commission to think about whether they would like every meeting taped. There will be additional lights and microphones that wi11 need to be brought in. Mr. Van Nort has suggested that she come before Council on July 3rd. Vice Chairman Harmony felt that the City will be making some important decisions such as building codes, tree ordinances, etc, and he feels that the City needs to be made aware of these. He hoped that the Commission express interest to the Council that they conclude their negotiations with Jones Inter -Cable as soon as possible and that the Commission be included in that decision. Motion was made by Vice Chairman Harmony and seconded by Commissioner MacBride that the Planning Commission direct the chairman of the Commission to prepare a memo or letter to the City Council expressing the Commission's interest and concern in developing cable programming for not only the City Council but also the Planning Commission. 4 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Commissioner Grothe stated that he felt that this was premature since the Commission does not know what the Council's feelings on the matter are. If Council wishes to have their meetings televised, he would like to watch a few of theirs prior to making a decision. Chairman Schey felt that the motion would give Council information on what the Commission's stand is on this subject, to let them know that there is not any opposition on this matter. Commissioner MacBride felt that this would be an educational too! if wisely used, not to be poiiticalized. Chairman Schey called for a vote: AYES: 4 NAYES: 0 ABSTAINED: Commissioner Grothe PUBLIC HEARING: is Zone ChangeL ondjtional Use_Permit 88-555_, A Zone Change from A-1-15,000 (Light Agricultural - 15,000 square foot minimum lot size) to C-3- DP -BE (Unlimited Commercial - Development Program - Billboard Exclusion) and Conditional Use Permit to allow a 100 room hotel on 2.3 acres. The site is located at 1035 1/2 Banning Way, Diamond Bar, Ca. This item was held over from the May 14, 1990 Planning Commission meeting to allow the applicant to provide staff with additional information. 5 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 117 1990 Mr. Searcy stated that the Commission continued the project at the February 26th meeting asking the applicant to revise the site plan reflecting some of the concerns expressed that evening. The applicant has redesigned the complex to show the entry building as a 2-story building instead of a 3-story building. The approximate height of the 2-story structure will be 19 feet. The back two structures are 3-stories, which are about 28 feet in height. The size of the meeting room has been reduced to one floor and about 19 feet in height. The reason that the front building was lowered was due to the privacy concerns of the residents that live accross from the project. With this 2-floor revision, the difference in elevation and the block wall, the applicant feels that this would provided more privacy for the residents. There will be one monument sign which will be approximately 6 feet in height with a face of about 66 square feet. A wall sign is proposed to be located in the rear which will be approximately 90 square feet. A directional sign is proposed to be no more than the code will allowe one of the concerns was safety pertaining to the location of the swimming pool. Based upon the interior circulation, the pool was relocated behind the assembly area. The landscape plan was submitted. The plan indicates a hedge 'ne of trees to be included for aesthetics and privacy. applicant seeks to maintain as many of the existing trees on site as possible. There are some trees on site that they will be able to be located on the interior section, but most will have to be removed. The street improvements consisting of widening the street and installing curbs, gutters and sidewalks will require some trees to be removed. The elevations reflect what the site will look like. There is a tower which is approximately 36.5 feet and the sign that is proposed to be located on the tower is visible from all sides. The tower sign is approximately 90 square feet on each side. There were concerns from the Commission pertaining to traffic. There is a re -striping plan which will be explained by the Applicant's Traffic Engineer. This will allow for left hand turns the main access, keep one of the conditions will be that it is addressed off Colima Road. Prooerty across the Street is zoned Unlimited Commercial, office building; to the south R-1; Neighborhood Commercial; north A-1, nursery operating as retail enterprise; and an easement -trans. controlled by Cal 5 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Ron Kranzer, City Engineer, has reviewed the traffic impact analysis as submitted by the applicant's engineer. He agrees with the number of trips that will be generated by this proposed project. He does have a little bit of a disagreement with the origin and destination of the trips generated. The major issue is that as the project is proposed, it does site on Colima Road and he feels that, even though the applicant has submitted a plan that shows the channelization that would be necessary on Colima Road, it precludes left turns in and out, making Banning Way the major entrance and exit. The plan is a striping plan instead of a raised median plan. Mr. Kranzer feels that the only way to appropriately address the traffic concerns at that intersection would be to include a raised median. Part of the City Engineer's recommendation* if this project is approved, is to require the applicant to install a raised median. This poses the question that if the main entrance on Colima does not have ingress and egress onto Colima Road as far as the east bound lanes are concerned, it would probably behoove someone to look at this project and reorient it to have its entrance off of Banning Way. Another concern that the City Engineer. has is that there will be some impacts on the section of Lemon and Colima which are already experiencing some problems. One of his recommendations is that this particular project, if approved, contribute to the improvement of that traffic signal improvement program. There is also some widening that would have to be done in front of the office complex easterly of Banning Way to accommodate the lane transitions and full improvements on Colima Road and on Banning Way. There is a possibility that there may be some impacts at the intersection of Colima and Brea Canyon Road. 7 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 111 1990 Chairman Schey asked Mr. Kranzer if the participation level that he is recommending in his memo was based on percentage of the estimated improvement or was it an estimate. Mr. Kranzer indicated that it was partly an estimate. The improvements at Colima Road and Lemon would be the addition of left turn phasing for Lemon Avenue. Mr. Kranzer stated that Secretary Tarango asked him about the possibility of an interchange on Lemon Avenue with the 60 Freeway. Approximately 10 years ago it was planned as a full diamond type of interchange and the right-of-way was some what reserved and set back. It was then deemed by Cal -trans to be used only for an on -ramp west bound and an off -ramp east bound because of the proximity with Brea Canyon off -ramp. undertook Approximately 1 1/2 years ago the City of Industry a study and Mr. Kranzer's firm was somewhat involved. At that time it was proposed by City of Industry to go back to the full diamond type of interchange. It was reviewed, studied thoroughly and decided absolutely not. Secretary Tarango added that he has a copy of the Feasibility Study. In talking with the owner, there was some questions regarding the sensitivity and confidentiality of the market study. As he understands now this study is public record. Mr. Searcy summarized what the market study indicated. The study indicated that the occupancy will be at a level of 85 percent after one year of operation. The average daily rate will be $33. The applicant has indicated that they have a contention with the 3rd conclusion of the study which stated that approximately 64 percent of the occupancy will be commercial trucker demand and 36 percent will be tourist/transient demand. The property is affiliated with the Quality International Reservation Inns and they feel that their target market will be drawn from the City of Industry and also transient/passerby from the 60 Freeway. He stated that he thought that the applicant would also like to suggest that in addition to the conditions that staff has developed that they submitted some conditions that they will not be opposed to that are placed upon hotel projects by Cities such as West Hollywood. a DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 111 1990 Public Hearing was Opened. Gary Shihoma, representing the applicant, stated that they have taken into consideration every suggestion and concern that was raised by the neighbors and homeowners at the last meeting. The applicants have decided to secure the entire building. They will have a 24 hour security guard on the premises. In addition, the only entrance into the motel will be through the front where guests and visitors will monitored. He added that guests will be given a key so that they can enter from other entrances throughout the complex. The rooms can only be reached by entering the motel complex, they cannot be reached by simply walking up to the door. He indicated that they felt that by having a security guard there, he will not only be watching the motel, he will also be watching the neighborhood. All of the lighting on the project will be shielded and directed away from Colima and away from the homes. There will be no tall pole signs. There will only be the signs which were previously discussed. Mr. Shihoma stated that regardless of what the market study indicated, the applicant has not designed or planned to market this hotel as a truck stop hotel. He stated that the market study was an independent study. The company who did the study stated that based upon the location of Diamond Bar, it would seem to reason that an obvious target audience for a motel in that area would be truckers. The applicant is trying to target the tourist and family audience. Due to this, the owner has decided not to charge any children under 18 who are accompanying their parents to the motel. The applicant indicated that he made an effort to meet with the homeowners. He contact Mrs. Martindale several times, but do to conflicting schedules, they could not meet. He stated that if the owner has a hotel for truckers, he must provide parking. The owner of this motel will provide compact and standard parking only, not parking which will provide for truckers. They are also willing to recommend that the striping around the property be painted red so that trucks cannot park along the streets in front of the complex. They are willing to abide by the City Engineer's recommendations. He stated that he was given the information from his traffic engineer that there has only been one accident on that corner. 9 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Huey Liu, Project Traffic Engineer, stated that the motel project will generate less than 2 cars during the peak traffic hour. The motel traffic doesn't coincide with the regular commuter traffic. He made a comparison between the traffic generated by the proposed motel and the traffic generated if the site was to be developed for retail offices. The motel traffic generates about 1,000 cars in a 24 hour period, about 70 of those cars during the peak traffic hour. General offices would generate about 110 cars during the peak traffic hour. Medical offices would generate substantially higher number of cars, approximately 180 cars during the peak traffic hour. Retail shops would generate the most amount of traffic during the peak traffic hour. Mr. Liu obtained a copy of the traffic accident reports for 1989 at the intersection of Colima and Lemon. He obtained this data from the Los Angeles County Sheriffs Department. From that data, he has interpreted that only one accident has occurred during that year. Vice Chairman Harmony stated that the project engineer indicated in his report that the project will generate 2 trips per peak hour. Mr. Liu stated that during the a.m. peak hour about 70 trips per hour are generated and the p.m. peak hour about 63 trips per hour are generated. The 2 trips per peak hour are calculated per minute. Vice Chairman Harmony also stated that Mr. Liu's study indicated that 60 percent of the traffic leaving the site will go west on Colima and turn on Fairway to enter onto the Freeway. Vice Chairman Harmony stated that he is assuming that 50 percent of the traffic will exit off of Brea Canyon down the street heading east and 40 percent coming up Brea Canyon. He asked Mr. Liu how he arrived at these numbers instead of most of the traffic turning left out of the complex and going back to the nearest access. Mr. Liu indicated that this report was done about 1 year ago and at that time he believes that some of these percentages ne obtained from the Los Angeles County Road Department. DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 117 1990 Ruth Ormsby, Director of Development for Quality International Inn California, stated that she wanted to show the Commission some comparisons. The stabilized year occupancy in the report for the proposed motel was 85 percent. The consultant who conducted this study rarely predict that enthusiastically. Typically they will not stabilize a motel at occupancies above 72 percent to 75 percent. This shows that they thought that a hotel of this size would be supported by the demand in this area. To compare nation- wide, the average in the hotel industry is only 64 percent to 65 percent occupancy. The owners of motels can control who the users are of their motel, rates are one of these methods. Although the market indicated rates that were in the mid 30's, the gentleman who did the study indicated that he failed to take into account some of the marketing plans and programs that the owner was going to implement. The owner anticipates rates in the low to mid $40's, which is above the two competitive motels in the area. The Sleep Inns that are currently open cater to the commercial, family and seniors market. Chairman Schey asked Ms. Ormsby, in doing the market analysis, how did the elimination of truckers affect the occupancy. Ms. Ormsby stated that when the trucker market is eliminated the owner will have to supplement with other markets. Chairman Schey asked if they were proposing to fence or wall the perimeter in some manner in order to insure the security of the motel. The applicant indicated that there will be a wall along the entire project. The wall will be 4 feet along Colima and 6 feet along Lemon. Commissioner MacBride stated that he will not be participating in the review of the project, but he is interested in why there is such an emphasis on the orientation of the project. The applicant stated that when this project was first submitted to the County a year ago, they recommended that the frontage be onto Colima. Chairman Schey stated that what the City Engineer's presentation was eluding to, was that maybe it would be best to orient the main access off of Banning which is intersecting with Colima anyway. Secretary Tarango stated that the Sheriff and Fire Departments also recommended that the access be off of Colima. DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Mr. Kranzer stated that one of the concerns he had with orienting the project towards Colima Road, even with a raised median, was a perception by the people going easterly on Colima to go to that facility, try to make a U-turn to get to the main entrance even though there would be signs stating no U-turns. Heis some not suggesting that the main entrance be on Banning Way, orientation of the facility so as to make it enticing to go into the Banning Way entrance and then get to the main entrance to the facility. Vice Chairman Harmony had a question regarding the letter from Walnut Valley Water District pertaining to the water capacity for the site. He asked the City Engineer where the mains would be that they would have to extend to. Mr. Kranzer suspected that there are mains on Lemon Avenue. The reservoirs are above Lemon in the hills. The fire flow is the largest problem. Their sustained fire flow requirement far exceeds the domestic use that they would have. This would be a condition that they would have to comply with if approval was granted for this project. vice Chairman Harmony stated that he also had a concern about the neighbors privacy. He wanted to know what.the view was from the windows of the rooms on the second and third floors of the motel. The applicant presented the Commission with a sketch of what the line of site was for the project. The applicant stated that people staying on the 2nd and 3rd floors will be able to see straight across but will not be able to see over a fence, into someones backyard. Vice Chairman Harmony also asked how the buildings will appear along the roof line, whether there will air conditioning units located on top of the buildings? Ms. Ormsby stated that typically in Sleep Inns air conditioning units are not located on top of the buildings. These are centralized air conditioning systems located inside the rooms themselves. Mr. Harmony also asked for pictures of what the inside of the rooms will look like to help them get an idea of the type of clientele this motel will attract. Ms. Ormsby passed a brochure around to each of the Commissioners. DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Vice Chairman Harmony asked what conclusion had been made regarding the nursery. Secretary Tarango stated that he recalled that there were some questions gn the use of the property. By code the nursery is designated as a retail site. The City is under process of reverting the piece of property to a wholesale nursery* Widening of the street will be one of the mitigating conditions. The Cal -trans issue has been discussed thoroughly. Chairman Schey stated that his main concern was whether additional access could be obtained on the east end of the vacant property east of the office building. He was concerned with the viability of a project on a site that is isolated between two developed sites and a freeway. Secretary Tarango stated that this would be limited to what they could provide for that piece of property. Vice Chairman Harmony asked if the City of Industry will be establishing the trucking company down by Circuit -City. He is interested in possible access. Mr. Kranzer stated that Industry has a new Cisco wholesale Foods which is a large operation. This was a consideration when the they were discussing the truck routes in Diamond Bar. As much as they would have liked to preclude Colima Road as being a truck route, they were precluded from doing this due to the fact that it is the most direct route to the on and off -ramps of the 60 Freeway. This is expected to be a heavy truck route. The City of Diamond Bar has adopted a commercial parking restriction on all city streets for 30 minutes. Colima Road will be posted shortly where the trucks will be prohibited from parking. There will be a tremendous trucking industry in that area. Commissioner Lin asked the applicant if the inclusion of a security guard was a standard requirement for this type of industry? Ms. Ormsby stated that this is entirely up to the owner. This is not typically done as a standard in the industry. Commissioner Lin stated that security was a concern of the neighbors and asked how they were going to enforce this issue to guarantee that the security guard is provided. Ms. Ormsby_ stated that if this is a concern of the City then this should be passed on to the developer to be made a requirement or a condition of the development. Those in Favor of the Proiect. There were none. 13 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 117 1990 Those in Opposition of the Pro,lect. Joanne Rogan, 1144 S. Crofter, is opposed to the construction of a hotel in that area. She feels that the area is primarily residential and a project such as a hotel does not conform with that area. She felt that the site is too close to two schools. She feels that there are enough hotels in this area. There will be 935 room after the Comfort inn opens and the Shilo Inn adds 135 room next spring. She has been told by two individuals at hotels that the Ramada Inn in Diamond Bar is not doing well and is not happy with its occupancy. An alternative to its marketing would be to invite truckers. She is concerned with the traffic. More accidents occur at the intersection of Lemon and Brea Canyon then appears to be reported by the Sheriff". She wanted to know if there had been a recent traffic study down for the intersection of Lemon and Colima and did that study include the presence of a hotel. Due to the fact that there will not be restaurant located at this site, the occupants will be entering and exiting the site to travel to restaurants. She does not feel that the traffic study conducted by the applicant's traffic engineer reflects the true traffic pattern. She also feels that Colima is being visually polluted. Sunny Martindale, 1333 Rapid View Drive, stated that she is concerned with the clientele of the motel and the possible danger this might present to the neighbors' children due to the fact that the children will have to cross in front of the motel on their way to school. She spoke to the management of the several hotels and although occupancy figures are confidential, she was told that rooms are always available. An Assistant Manager at the Executive Suites led her to believe that their occupancy level is less than 50 percent. There was an article in the Progress Bulletin that pointed out that this area is grossly over -built with hotels and, at the present rate of occupancy, it would take several years for demand to catch-up with supply. She feels that with the lower room rates for this motel, it will serve truckers, transients and the like as stated by the applicant's market study and will attract additional 18 wheeler traffic on Colima. She would like to know the impact of low rate motels on the immediate area in which they are located, especially those in or near residential areas. Nancy Stoops, 20505 East Clear Springs Court, stated that her foremost concern is for the safety of the children in that area. She stated that there is an accident happening or almost happening every weekend. Her cul-de-sac is currently used as a turn -around point for cars. They currently have enough traffic in this area without adding to it by approving this development. 14 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 111 1990 Susan Green, 1230 S. Mahogany Court, stated that she submitted a petition to the Commission. She walked around the neighborhood for one hour with a petition and not one resident turned her down. Her daughter no longer walks to school due to the fact that her daughter's girlfriend was almost hit by a car while walking to school. The one accident recorded is not an accurate count of traffic accidents. She is also a corporate business person and she does not stay in hotels where the rates are $30 to $40 a night. Corporate business people normally stay $60 to $70 a night hotels. Mrs. Cieavland, 1477 Fairlance Dr., stated that she was involved in a car accident in this area in September, her sister was also in an accident on Walnut and Colima in 1988. She opposes any additional development, especially a hotel, in her neighborhood. Art Fritz, 20635 Larkstone, stated that he travels through this intersection almost daily. He suggested that a SWITRS study be obtained from the Sheriff's Department. He was concerned that even if the Commission did require the applicant to employ a security guard, if at the time the permit is pulled the applicant no longer has the funds to do so. He referred to one of the questions on the Burden of Proof which asked why this project is necessary. He indicated that the applicant stated that this project meets the needs of the area. He does not feel that the applicant has justified this statement by the materials that they have presented this evening. He asked the Commission that if they approve this project, that the zoning be rezoned to C1. Jose Balero, 1510 Gold Canyon, stated that he is opposed with the project. He is concerned with the growing trucking business that will be in the area of the Cisco Warehouse Foods. He is concerned with the visual affect of the proposed 6 foot wall along the site, He was also concerned with the invitation this motel might give to additional truckers. Jeff Sesler, 20737 Kelfield, stated that he has an expertise in lighting. In looking at the rendering of the site he does not see any lighting position and he was wondering what the site line would be like in terms of glare, light pollution, the maintained foot candle levels and what the minimum and maximum levels would be, as well as, the type of lighting the applicant was planning to use. Mr. Sesler felt that the difference between a motel project and a retail or office project would be familiarity with the roads. Travelers staying at the motel will probably not be familiar with the roads in that area. 15 DIAMOND BAR PLANNING CdMMISSION MINUTES OF JUNE 119 1990 Mike Akinson, 1313 S. Lemon, stated that he was concerned with traffic. With the new school open, traffic in the morning became very dangerous. He also stated that he works in law enforcement. The current daily expense for government employees is about $120. This breaks down to $86 a day for hotel room and $34 for meals. His experience has been that motels invite additional crime into the neighborhood due to the exclusion they provide. Anne Flesher, 20647 Larkstone, voiced her concern also the traffic. The market study stated that 64 percent of the hotel's occupancy will be truckers and there is certainly the market to support the $33 a night rate with the development that is taking place in the City of Industry. Public Hear was Closed. Mr. Shihoma stated that the resident's concern that the rate of $33 a night will attract truckers is not the intention of the applicant. He will be building an upper -end motel with high quality materials. He will charge whatever the market bears, if he can charge higher rates, he will. Chairman Schey stated that he is not particularly concerned with the traffic. The traffic problem already exists and will be impacted by any development that is approved for this site. He is not convinced that a hotel/motel is the best use for this site. Vice Chairman Harmony agreed with Chairman Schey's feelings that the project will not be conducive to the surrounding residences. Motion was made by Chairman Schey and seconded by Vice Chairman Harmony to deny Conditional Use Permit and Zone Change 88-555 due to the inappropriateness of the Zone Change and Conditional Use Permit for this site. Secretary Tarango stated that the Commission needed to take three actions on this Project, the Zone Change, Conditional Use Permit and the Negative Declaration. Motion was amended by Chairman Schey to include denial of the Negative Declaration. Secretary Tarango suggested to the Commission that they include in the motion findings to why the project was denied. DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Motion was amended by Chairman Schey to include denial of the Zone Change based upon the potential incompatibility with the proposed General Plan and the Conditional Use Permit based upon the inappropriateness of the project with the City Code. Mr. Curley suggested that staff review the minutes of the meeting and with the Commission's consensus prepare a resolution to be brought back to the next meeting for the CommissionA review and approval. Vice Chairman Harmony was concerned with what this will do to the public review process. There is a motion on the floor and it will be delayed by a formal resolution to justify the Commission's action. He objected to postponing the decision. Mr. Curley stated that the decision made tonight will be the formal decision and the resolution that will be brought back at the next Planning Commission meeting will only be the action in writing including the findings. Vice Chairman Harmony seconded the motion as amended. Chairman Schey called for a vote: AYES: Chairman Schey and Vice Chairman Harmony NAYES: Commissioner Grothe ABSTAINED: Commissioners MacBride and Lin ANNOUNCEMENTS: Vice Chairman Harmony stated that when he reviewed the Economic Feasibility Study every page was marked confidential. He does not want to review any documents, pertaining to development projects, which are not available to the public for review. Commissioner MacSride asked if Vice Chairman's standpoint on confIdential documents was withir, his legal realms? Mr. Curley stated that generally any documents submitted as part of the review will become available to the pubiic, Once the applicants have submitted documents as part of their application package they have taken away any confidentiality that the document might have had. DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 111 1990 ADJOURNMENT: There being no further business to come before the Commission, Motion was made by Commissioner MacBride and seconded by Vice Chairman Harmony and carried unanimously to adjourn the meeting at 10:00 p.m, to the joint meeting of the Planning Commission and City Council scheduled an June 12, 1990 to be held at the Walnut Valley Unified School District Board Room, 880 N. Lemon Avenue, Walnut, California at 6:30 p.m. David Schey Chairman ATTEST: Dennis A. Tarango Secretary, Planning Commission File No. 90-0054 NOTICE OF PUBLIC NEARING The City Planning Commission will conduct a public hearing on: A variance request to allow three stories in lieu of the maximum 2 1/2 stories, and building height of approximately 40 ft. in lieu of the maximum 35 ft., located at 2108 Rusty Spur Road, between Flint Rock and Rocky View Road ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration VICINITY MAP OF PROJECT: This case does not affect the zoning of surrounding property. If you are unable to attend the public hearing, but wish to send written comments, please write to the City SPlanning Departmentearcy .0 at the address given below, Attention: Rob ou may also obtain additional information concerning this case by phoning the Planning Department at (714) 860-3195. Materials for this case are also available at: Diamond Bar County Library 1061 South Grand Avenue Diamond Bar, CA 91765 DATE OF HEARING: June 25, 1990 TIME OF HEARING: 7:00 p.m. LOCATION OF HEARING: 880 N. Lemon Ave Walnut Valley School District Board Room CASE MATERIALS AND ENVIRONMENTAL STUDY: Are available for review during regular business hours at: City of Diamond Bar Planning Department 21660 East Copley Drive Diamond Bar, CA 91765 Published in: San Gabriel Tribune on June 15, 1990 n an a ey aily Bulletin June 15, 1990 890?9' CITY OF DIAXOND P;AR DEPART:�,ENT OF PLANNING The following information is necessary for the review of ALL aaalieai;ons. Failure to furnish inlarmation will tlelay aCian. Attach extra sheets if necessary, Please read instruCions carefully. APPLICANT APPLICANT'S AGENT R ECORO OWNERISI (Engineer, Licensed Surveyor, Other and Please indicate it engineer is also an ,//��q -�}� agent! Name j� 1 O UJ,-Bv l\ t b"j *: - Name L�""yt✓ -rb N "51'i- Name Uc..^�'Isl7NY�/�r�Aadre:szON.e/a^Prris� lvb'',�ea Amr<:: Address � qCe ✓n on C:ev Cl/n fe_y.,��n cdi— City CavG ! fI zIo/ Phon<l� �( G21"2DzR zi° Pnonee`71n (p2/ �20'�-i z:o Phone 1 [ <ntare: na IA;:acn separate Sheet J necessary. �nefuamg names, aadectses, and signatures Of members of cartnermres.:o a;ree:ars of coroaraamnc.) CONSE:V " Of the amli000n xromoanymq MIS reaverr. (` Signed 1•/ (All record owners] Gale �f C5,q TIFiCA /ON.' II hereby cerrlfy under Penalty of Perlu" :hat me in knowledge. lalmation herein P/owaeC �a CORK: rP' the best a/ my l/ rti I��'['1• lr 2 Gate Signed iAooliaant or APolrcani gent) ( l% s Inn I;N� G� U Location 15treel jouTellmsu�c- ,v l T 2occcr 2D. _ and �'a�t.�r between FUN (Street) Istieet) 1 <an< m Zone d District (Land Use, hat aos:al zone) HNM/FS CSI THG Assessor CT USGS Planning Area Glttnc. Cantrac: City �IRYrOtdD �� suoeryiwnal General Plan Gtegary Local Plan La VI P!an Geegary (if aPPlielhlel - C Y �. _ ag Qe Pra;ea: Penalty J. Praiec Siee tgrbss ac. esl Previaus Gses Present Use bf Site Use adol;<d 'ar Oomest.c ••eater Sowce Sanitation Jistr�c: .V.eenon of Se:e.,ar O'snosai tapingpl Lots 'av Aoot'cant7 yes _ No _ Amount !Snow necessary grading design on we plan or tent. Mao 1 LCGAL r .one change, ac[ac't OESCRIPTICN (Ali ownersnin comprising lire anosed latsiprolec:l it petitioning !o pr- !eesl nesu lotion al ezterwr boundaries of area fubi<c::0 .ire <nanae. — Apgp QPRIATC SUROENS OF PROOF MUST ACCOMPANY EACH TYPE CF REQUE� — Cteet each request aaolied for and Complete appropriate seCrans. _ PLAN AMENOMENT REQUEST Cpuntywrde'Ia GI Plan or Area Plan Land Use .Mao Cyange: From TO Acres From To Acres Housing & Seec. !Agmt.! Maa Gunge' Co,e. Cdunrvw'de IGen City . Acres A<: e: '-am rp Frain °qrr laentity Tezt Cyangetsl :p GunLvwieeLpcal ur Area ? an Je:nec 'atal Protect Uni is Grre ntiv Allowed 3v lal C'.V P!an Ibl Lacv Plan �� Total Protect. Units Permitted 1} (a) C'N Plan Sme,oed lb, fool ?tan Amended Total Acres Involved: .al ;bI SERVICES Existing and P•odasea . Eaucanon Gas S Eiecn< Access Snent} ZONE CHANGE REQUEST _p Zane: From Acres Acres NOtTIONAL USE PERMIT, VARIANCE. NONCONFORMING REVIEW, ANO OTHER PERMITS Srn �C fu !F4 Ora. No. Permit Tvice tG / r Area aerated to scruautea open since �--�— Protect Site: c 0.Gross Area No aI u:x and ------ Promised aenpty Unrti Ace: Reslaen gat P-alee: No Of- !loom Gross Area DFO- Numoe• and :voes at units n e::de,Fm =v roe a aauir ed P-owaed Ora, Reau� ed 7_. 7ata. =•awned VARIANCE CASE, ' BURDEN OF FROOF SEC. 22.66.29C in addition to the information required in the application, the applicant shal_I s-ubstantiale to the lis[action of the Zoning Board and/or Commission, the following facts: q. 7hal the requested use at the location proposed will not: 1, Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or other wise constitute a.menace to the public health, safety or general welfare. g, That the proposed site is adequate hr size and shape to acconmwdate the yards, walls fences, parking and loading facilities, landscaping and other development features prescribed in this Ordinance, or as is otherwise required in order to integrate said use with the uses in the surrounding area. C. The[ the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary n carry the kind and quantity of traffic such use would generate, and 2, By other public or private service facilities as are required. REQUEST FOR OAK TREE PERM IT Les Angasw County DEPARTMENT OF REGIONAL PLANNING 220 Wst TamVla Stews. Lm Amplao.CA 80012 As provided by Ordinance, 92-0168 CONCURRENT CASES: ellective August 20, 1982to NOTE: Is is the applicant's responsibility notify the Planning rector of any change the principals Involof ved in this cue prior to the completion of processing. ssing. APPLICANT PROPERTY OWNER Name (j . (") , 0 fJ r"k Name '� 1� 0 fa ZO N- o d t 'q1)L ttwu �31vp ' �\ue r i ✓}. Address jLla� /J CIGte wr v„` [Iraf Address Clu �larewwr (f�l I, al -aoz Telephone 3I ' "'cl I A C Lc) Telephone OWNER'S AUTHORIZATION 1 certify that l_am th�ow�er of request. herein described property and permit the applicant to file this Location ., address or general description of location) and legal description of propertyCni quesiign: (use additional sheets as necessary) 7-y Lr,i'-+� jro-1-rpy''�CT 3tJ)?I �` fgrntMr.T� f2j How many oak trees will be cut, removed, relocated or damaged? �'i ✓y How many oak trees will remain? Will trees to be removed be replace? ��S If yes, indicate the proposed size, type, location (indicate on site plan) and schedule for planting. I /1 _AcL'r/7? r 15-/5 oa/ Are trees to be relocated? ' " C It yes, Identify who will move them and his qualifications for doing this. BURDEN OF PROOF Submit additional sheets describing how the following findings will be satisfied. A. That the proposed construction or proposed use will be accomplished without endangering the heait'- of the remaining trees subject to this Part 16, if any, on the subject property, and B. That the removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated, and C. That in addition to the above facts at least one of the following findings apply: 1. That the removal or relocation of the can trees) proposed is necessary as continued exis- tenee at present locations) frustrates the planned improvement or proposed use of the subject property to such an extent that: a. Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or b. Placement of such tree(s) precludes the reasonable and efficient use of such property for a use otherwise authorized, or 2. That the oak tree(s) proposed for removal or relocation interfere with utility services or streets and highways either within or outside of the subject property and no reasonable alternative to such interference exists other than removal of the tree(s), or APPLICANTS FOR AN OAK TREE PERMIT ALSO MUST SUBMIT A SITE PLAN ANQOAK TREE REPORT AS PROVIDED BELOW A. Three (3) site pians drawn to :'scale satisfacwi y w, e„u 6, the number of copies prescribed by the director indication the location and dimension of all of the following existing and proposed features on the subject property: 7. Lot lines. 2. Streets, highways, actress and other major public or private easements. 3. Buildings and/or structures delineating roof and other projections. 4. Yards. 5. Walls and fences. 6. Parking and other paved areas. 7. Proposed areas to be landscaped and/or irrigated. B. Proposed the change cint grade at the of each plotted or tee shall be spe. Where a cified. in grade is proposed B d 9. Proposed storage areas for building materials, construction equipment and other temporary facilities. 10. The location of all oak trees subject to regulation under the provisions of Section 22,56. Z060 and 2256.2070 of the Zoning Ordinance, proposed to be removed and/or relocated or within one hundred feet of proposed construction, grading, landfill or other activity. Each tree shall be assigned an identification number on the plan which shall be utilized in the oak tree report and for physical identification on the property where required. The dripline shall be shown for each plotted tree. 11. Proposed and existing land uses. 12. Other development features which the director deems necessary to process the application. Where a concurrent application for a permit, variance zone change, tentative map for a subdivision including a minor land division or other approval is filed pproviding the information required by this subsection, the director may waive such site plan where he deems n unnecessary to process the ap• placation. 8. Two (2) oak tree reports certified by the applicant to be true and correct and acceptable to the director and county forester and fire warden, of each tree shown on the site plan required by sub- section A above which shall contain the following information: 1. The name, address and telephone number during business hours of the preparer. 2. Evaluation of the physical structure of each tree as follows: a. The circumference of the trunk measured four and one-half feet above natural grade. b. The diameter of the tree's canopy establishing the dripline. e. Aesthetic assessment of the tree considering factors such as but not limited to sym- metry, broken branches, unbalanced crown, excessive horizontal branching. d. Recommendations to remedy structural problems where required. 3. Evaluation of the health of each tree as follows: aEvidence of disease such as exfoliationleaf scorch and exudations. . , b. Identification of insect pests such as twig girdler -borers, termites, pit scale and plant parasites. e. Evaluation of vigor such as new tip growth, good leaf color, poor leaf color abnormal bark, deadwood and thinning of crown. d. Health rating based on the archetype tree of the same species. e. Recommendations to improve tree health such as insect or disease control, pruning and fertilization. 4. Evaluation of the applicant's proposal as it impacts each tree shown on the site plan in. cluding suggested mitigating and/or future maintenance measures where required and the anticipated effectiveness thereof. x• ...,......_..... r...-.....,........,............ kn .I:r.rrnr o.l.nrn a ern. ;e nrnnnerd for Tree # 1: 12" dia. to be saved is in good health - will be pruned to balance out it natural structure Tree # 2 and 3: 3" and 2 1/2 are to be removed because of their location and the fact that their structure is that of excessive horizontal branching with no crown - replaced as to application for permit Tree # 4: 6 to 8" dia. to be removed because of grade change and location not to be saved but replace its stated in application for permit Trees # 5 - 6: Both 3" in dia. to be removed - because of grade change and location - not to be saved but replaced as stated in application for permit Trees # 8 - 17; 19 - 21: All between 2 and 3" in dia. not to be disturbed Tree # 18: 6" in dia. not to be disturbed Tree # 22: 9 1/2" in dia. not to be disturbed Trees 2, 3, 4,,5, and 6 - to be removed Tree # 1: to be saved and protected A. Plan changed - add retaining wall back of tree tying to pool wall to protect existing grade and location of tree Trees # 7 - 22: All located in area - not to be disturbed by construction or grading - this area to remain natural vegetation OAK TREE STATEMENT _ [ ] The subject property contains no oak trees. [ J. The subject property contains one or more oak trees, however the applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. [�] The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. An Oak Tree Permit has been or will be applied for prior to any activity taking place on the property. JAA Applicant's Signature OT589MG Date (STAFF USE). PR0.7ECT NUP�ER(s): INITIAL STUDY QUESTIONNAIRE COUNPY OF I.OS ANGELES project Applicant (Owner): Project Representative: Name Pddress ro ect description: V lYl�l)�'CL�_--� S� `r��'�� — 1. Action requested andf p j 2. Street 1 anon of project: _—---�'--� 4. Please list all previous cases �,/�1� _ - (if any) related to this project: N ----- --- 5. Other related permit✓approvals required.�Ut'� M a�� Ctf��rn ���yl1(�5 Specify type and granting agency. —_ — 6. Are you .planning future phases of this project? /Y/ _ If yes explain: 7. Project area: CoverEd Uy structures, paving: [.andscaping, open space Total area: 1G. Aater and sewer service: noes service exist 3t site? If yes, do pur✓eyors nave capacity to meet d�sand of project and all other approved projects? Nuriper of floors: _i� Present Danastic PuUlic /`eater ewers If d xnestic water or public sewzrs are not ava:lapla, now en11 these services oe provided? ----._---__ Residential projects: 11. Nure�er and tyry of units: _--_------------ -— - - --- 12, Schools: �"�M dC� ��5� C(CV '' 11 r ---------- ------ What school district(s) serves the property? Are existing school facilities adequate to meet .project needs? If not, what provisions will be made for additional classrooms? ___-.------ Non-Residential projects: 13. Distance to nearest residenti�lluetc ) sensitive use (school, hospit. 14. Number and floor area of buildings: 15. Number of employees and shifts: --- 17. operating hours: 16. Maximum employees per shift: _ 1g. Identify any: End products _ Waste products Means of disposal use, store or produce hazardous substances such as oil, pesticides, 19. Do project operationslain: chemicals, paints, or radioactive materials? /Y/ /N/ If yes, exp =- � If yes, explain: _--___.--- 20. Do your operations require any pressurized tanks- /Y% /N/ 1le, reactive or explosive materials to be located on -site. 21. Identify any flaruma— 22. Will delivery or shims ent trucks travel through ex lain: residential areas to reach the nearest highway? � /N/ If yes, - 2 - B. ENVIRONMENTAL INFORMATION 1. Environmental Setting -- Project Site --------- a, Existing use;'structures Q_C 4,2 - - - - - - b. Topograp:y/slopes _--_------ - - -- ---------- ----- - -- -- ------ -- *c. Vegetation *d. Animals ---------------------------------- Watercourses ° -- — -- ---------- f. cultural/historical resources ____—___—__---------------- g. Other ---- ------------- 2, Environmental Setting -- Surrounding Area a. Existing uses/structures (types, densities):--- b. Topography/slopes *c. Vegetation *d. AnimalsL_---------- -- ----- *e. latercourses Ot/'%��5 `---------------------- fe cultural/historical resources --- -- g. Other 3, Are there any major trees on � � If yes, type and nu�er: _ the site, including oa: trees. /Y/ q. Wi11 any natural watercourses, surface flow rn.s., etc, — --- be changed through project development?: /N If yes, explain: *Answers are not required if the area does not contain natural, undeveloped land. 3 - g, ENVIROPII�NTAL INFORMATION (cont.) 5. v^rading: If yes, how many Wi11 it be Wi11 the projec? Y N cubi^ yards? _ _____ _ balanced on site? Y/ /N/ require grading. � / / --- If not balanced, where will dirt be obtain�3 or deposited"? `—____--------- — — 6. Are there any identifiable landYlid N/ r If yes,�aexplainiogic hazards on the property — (including uncompacted fill). '7. Is the property 1 at_ within a high fire hazard area (hillsides with�n�de�ra�telay dense vegetation? /Y/ /N/ Distance to nearzst fire station: � 4>i �6� g, Noise: Or/� -- Existing noise sources at site: — -- p��C� n r -UG���w4 6�C (%ily� — Noise to be generated by project: �'� C� 9, Fumes: � ^^ I � — Odors generated by project: OrV _------ /� �r/c.� Could toxic fumes be generated? �._--- ,n� Jr� �"h� e jC 10. What energy -conserving designs or material will be��-�e�� ��{ ' CERTIF_____I __�TI�N: I hereby certify that the statanents furnished1L��for�this initialached exhibits present the data and information requ evaluation to the best of my ability, acsd that the facts, statements, and information presented are true and correct to the best of my knowledge and lief. Date:---___� / w� � � (Signature) 7 � For: - 4 - �� Lic. #561123 DUALITY HOMES, INc. April 26, 1990 Honorable Members of the Planning Commission for the City of Diamond Bar I am Skip Burton, owner o£ Burton Quality Homes, Inc., and I own Lot 107 on Rusty Spur Lane. I had proceeded with plans with the assumption that a three-story house could be built in The Country as others have been built including the house directly across from my lot which is currently under construction. This new requirement by the City came to pass without my having been notified. I preceded to have my architect design my house with three stories and have had plans approved except for the third story. I have already obtained a construction loan and am paying heavy interest. Not being able to build this house would be a financial strain on me. I would also like to bring to your attention that the third level of the house is 15' to 20' below street level and i£ that third story is not constructed the height of the house would remain the same with 2,000 to 3,000 square feet of unusable space under the house. I feel there is absolutely no detriment to the health, safety or welfare of the community to proceed. Respectfully yours, -f Skip Burton 1420 N. Claremont Blvd. Suite 2C7A Claremont, GA 91711 (714) 621-2C25 BHERMAN BLOCK, sxeAiFr June 1, 1990 Cnnunflr of tuu Attgrlro (Offirr of fhrhrriff fall of Jus#rr iGos 4,ngrlro,tt[ifurnin 9IID12 (714) 595-2264 Mr. Rob Searcy Community Development Department City of Diamond Bar 21660 Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Dear Mr. Searcy: The. initial study dated May 9, 1990 of Variance 90-0054 to allow a three-story single family residence to be built at 2108 Rusty Spur Road, Diamond Bar, has been reviewed. The project is for the subdivision of 20.67 acres to be subdivided into 29 lots, approximately 51000 to 6,000 square feet each. This will have an impact on law enforcement at a future time, however, at this time the total impact cannot be determined. The Sheriff's Department would like to have the opportunity to review any future plans related to the project. Sincerely, SHERMAN BLOCK, SHERIFF Thomas M. VeLL er, Cap a n commander, Walnut Regional Station STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMFJIAN, Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 7, 120 SO. SPRING ST, ? w LOS ANGELES, CA 90012 TDD (213) 620-3550 (213) 620-2376 May 25, 1990 IGR/CEQA INITIAL STUDY Diamond Bar Variance: 3 story SFR C. VEN-LA-57-R3.17 Planning Department City of Diamond Bar 21660 E. Copley Dr., Suite 100 Diamond Bar, CA 91765-4177 Dear Sir: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above referenced project, Caltrans has reviewed the above -referenced document. Based on the information received we find no apparent impact on the State transportation system. If you have any questions regarding this response, please call Wilford Melton at (213) 620-6160. Sincerely, 1 GARY McSWEENEY L{rq IGR/CEQA Coordinator Transportation Planning and Analysis Branch cc: State Clearinghouse TENANTS NOTIFICATION AGREEMENT Norman Murdoch Planning Director Department of Regional Planning 320 West Temple Street Los Angeles, California 90012 Case No. I understand that it is the policy of the Regional Planning Commission to require notification in writing of all tenants and renters, in the vicinity of all developments reviewed by the Commission. This notice is in addition to that sent to property owners. Where the site address of developed property differs from the mailing address of any property owner required to be notified, labels shall be provided for "Occupant" at the site address, In the case of an apartment house, labels addressed to "Occupant" shall be provided for each individual dwelling unit. I accept full responsibility for notifying in writing all occupants of all structures within the notifica- tion areas required for property owners on my application, In the event that a public hearing is required, I agree to notify such tenants and/or renters at least twenty (20) days in advance of the time, place, and subject matter of the public hearing. ar( Applicant's signature Date 3i84 . g .. y � 2 ` O W O O m J b N �I U pT ��y�nn���(C� hO�l �� H v. �(� ® U S�. �%" C'12Y�� ^/C • psi Y -"e°f,. ' ..�. ��. �� u w x N W N d m N d O �. I� �� m TO gg i �%Xx IL A+' O YF:u A 'rir� •rw w ac_ ,a;. ry wn non. cn , VICINITY MAP I �I(� OR7fl.QGl® ®@�D�G7 Olnl�®IAi9®PdA4@® - SITE PLAN � � �I���IA )) - `�^^ ' ''-rt? (P( `: euarory ounury eoMss '""""•""'",•"•�•••"�"•• =wi.u- I OWdaGi©®Bffi��b, OfryQ®3"P®GEQ4P® ";., ,'. 5 <.,� o m�,w r,a«aoos, s s a�s,y sou, rvoae ELEVATIONS I •�•�-+^•~w,.•�•—� `^' ' � m. counnv, o�an,oaa ea,, cn � ; \' �� �� e� �' �_ �� �, -, ��� ;� ��� STAFF REPORT T0: THE CHAIRMAN AND PLANNING COMMISSIONERS FROM: DENNIS A. TARANGO, ACTING PLANNING DIRECTOR BY: LARRY WEISSMAN, ASSOCIATE PLANNER RE: DRAFT SIGN ORDINANCE Per Planning Commission direction, staff has provided the Planning Commission with copies of surrounding cities' sign ordinances (i.e. Mission Viejo, Brea, San Dimas, Torrance, Santa Barbara). Also the planning department staff provided a preliminary draft ordinance for the Commission's review and comment. The submitted draft ordinance reflects the most conservative components of those that were analyzed. This initial draft ordinance covers the most sensitive signa.'e areas that staff has identified as primary topics. The staff seeks direction from the Planning Commission based on comments and concerns as to how to proceed with further action. IV. New Business - Item 3 Additional verbal update by the Planning Director SIGN SECTION 100. PURPOSE AND INTENT. The purpose and intent of the draft Sign Ordinance is as follows: A. To encourage the use of modest signs with due regard for the needs of the business community. B. To encourage signs which are harmonious with other existing signs. C. To assure an appropriate level of review prior to approval of sign permits. D. To bring existing signs, as much as is feasible, into compliance with the provisions of the Sign Ordinance. SECTION 102. A. PERMITS; REQUIRED PERMITS; PERMIT ISSUER. 1. Permits are required for all signs except those specifically exempted from the permit requirements by this Sign Ordinance. 2. Permits may be issued by the Planning I Director, or his designee, for all signs listed in (Section 106) of this Ordinance (Basic Sign Program), subject to those conditions listed in Section 102 D (Guidelines) of this Ordinance. 3. Permits may be issued by the Planning Director, or his designee, upon direction from the Planning Commission or City Council for any sign(s) listed within (Section 108) (Planned Sign category). 1 B. APPLICATION FOR PERMITS Applications for sign permits shall be made upon forms provided by the Planning Director, or his designee, and shall contain, or have attached thereto, the following information and material: 1. The name, address, and telephone number of the owner of the property on which the signs) are to be located. 2. The name, address, and telephone number o£ the applicant (owner of the sign). 3. The name, address, and telephone .number of the sign contractor, i£ any. 4. The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. 5. Three (3) copies of a plan and elevations showing the: a. Sign(s) height, size, proposed colors, type style, elevation above final grade level, proposed location on the premises of the sign structure, its relationship to adjacent buildings or structures, and the method of illumination and materials proposed to be used, b, Location, size, and height of all signs and structures existing on or within one hundred (100) feet of the premises at the time of making such application. c. Structural details and calculations signed by a person competent and qualified to prepare such information. The Planning Director or his designee may, in their sole discretion, waive such requirement. 6. Photographs showing the premises and adjacent property at the time of making the application. 7. Such other information as the Planning Director, or his designee, shall deem reasonable and necessary to ensure safety of construction and compliance with this and all other ordinances of the City. C. REVIEW OF SIGN PERMIT APPLICATION; APPEAL PROCESS consideration of the issuance of a sign permit, the factors noted below shall be utilized by the Planning Director, or his designee, as guidelines for determining that a submitted sign proposal furthers the intent and purpose established by this Ordinance. 2. An appeal from a decision of the Planning Department relative to the application of the review guidelines contained herein shall be made to the Planning Commission. Such appeal shall be filed with the Secretary of the Commission in writing within ten (10) days after the date of mailing of notification to the Applicant by the Planning Director or his designee that any submitted sign proposal has been denied or modifications are required to effect conformance with the guidelines. An appeal from the Planning Commission decision may be made to the City Council if such appeal is filed in writing with th notification of the Planning Commission action. D. GUIDELINES: BASIC AND PLANNED SIGN PROGRAMS In determining the consistency of each proposed sign. with the purposes of this Ordinance, the following guidelines shall be applied: 1. That the proposed sign will be legible to the intended audience under normal viewing conditions, based on its proposed location and the design of its visual element. 2. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color and other similar considerations. 3. That the proposed sign will be in harmony with adjacent properties and surroundings, based on the size, shape, height, color, placement, and the proximity of such proposed sign to adjacent properties and surroundings. 4. That the proposed structure, sign or display will be designed, constructed and located so that it will not constitute a hazard to the public. 5. That the proposed sign is not designed to have the advertising thereon maintained primarily to be viewed from a freeway, unless specifically provided for under the terms of this Ordinance. 0 E. FEES The appropriate fee, as determined by resolution of the City Council, shall be collected by the Planning Director, or his designee, upon application for any sign permit. SECTION 104. BASIC SIGN PROGRAM/PLANNED SIGN PROGRAM; GENERAL REGULATIONS A. No illuminated signs shall be approved as part of a Basic Sign Program, except Temporary Holiday Lighting. B. No freestanding sign shall be located less than 25 linear feet from an adjoining property line, except that a sign may be located no less than 10 feet from the ultimate right-of-way. C. Signs shall be constructed of fire resistant material. Where glass or plastic are used, these materials shall be shatter -resistant. D. The Director of Planning may approve minor alterations of signs approved within a planned sign program. E. Sign materials and colors shall be consistent with building materials attached or adjacent to signs. F. No sign shall be placed on 'or over a public right-of-way unless permission has been granted by City Council or the Council's designee. G. Sign copy in non Latin -Roman alphabet characters must contain thereon a generic description written in English of the nature of such business or use. Such translation shall be visible from the nearest public street. 5 H. Business signs shall be limited to those portions of a building within which such business is located or conducted. SECTION 106. DEFINITIONS A. Advertising device: Any balloon, flag, pennant, banner, propeller, oscillating, rotating, pulsating or stationary light or other contrivance (except lawfully permitted signs) used to attract attention. (See "Sign".) B. Advertisina displav: Any device, contrivance, statue or structure (other than a sign) used as a display, regardless of size and shape, for the purpose of attracting attention. C. Advertisina structure outdoor: A structure of any kind or character erected or maintained for the purpose of . advertising a business, activity, service or product not sold or produced on the premises upon which said structure is placed. D. Alteration: Any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. E. Area of a Sian: The entire area within the single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any material or color forming any integral part of the display or used to differentiate such from the background against which it is placed, provided that in the case of a sign designed with more 3 than one exterior surface, the area shall be computed as I ncluding only the maximum single display surface which is visible from any ground position at one time. Unless otherwise specified, the supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a manner as to form an integral background of the display. F. Attached sign: Any sign which is permanently affixed to a building, including wall signs. G. Attraction board: A changeable copy on premise wall or freestanding sign which contains messages related to upcoming events at restaurants, movie theatres, clubs or nightclubs or similar uses. H. Awning sign: A sign attached to or written upon an awning. (See "Canopy sign".) I. Banner si n: Any sign hung either with or without frames, possessing written communication applied to non -rigid paper, plastic, non -rigid material or fabric of any kind, and capable of being viewed from any public right-of-way, parking area, or neighboring property. J. Building frontage: The lineal extent of a building or activity which has frontage on either a public right-of-way or parking area. The length of the building facing the public right-of-way or parking lot shall be used.to determine the amount of signage permitted. 7 K. BuiMina identification sign: Sign attached to a building which designates the name and/or address of a business or organization. L. Business sian: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. Business signs may include the identifying name of a business. The content of business signs shall be limited to the identification of the following: (1) the business name of the user; (2) the name or names of the owners) of the business; (3) a description of the activity of the business, or (4) address of the premises. Freestanding business sign content shall include the street address of the business advertised. Signs shall not be allowed to advertise the products sold or prepared or the individual services performed on the premises unless the products or services are an integral part of the identifying name of the business. M. Canobv sign: Any sign which is not illuminated, which is attached to the underside of a projecting canopy protruding over a private or public sidewalk or right-of-way. (See "Awning sign".) N. Changeable cODV sian: Any sign designed and intended to have an easily and readily changeable copy, such as an attraction board. 0 O. Civic organizations sign: A wall or freestanding sign which has copy limited to organization name, address, and civic patriotic or religious events conducted on the property. p. Commercial center: Any site containing two (2) or more commercial activities, for which signage is proposed. Q. Condominium, subdivision or rental community sign (permanent): A wall or freestanding sign which has copy limited to the name of the condominium, subdivision or rental community, including apartments, located on the property. R. Construction sign: A sign which states the name of the future site occupant and/or the name, address and/or phone numbers of related construction, architectural, and financial firms. 5. Electronic message board si n: A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays. T. Entrance/Exit signs: A sign which has copy limited to the words "Entrance" or "Exit" and is located at commercial driveways or mounted at building entrances or exits. U. Flag: An advertising device, but not including national flags or flags of political subdivisions. V. Flashing or animated si n: A sign intermittently emitting light, or which has any illumination which is not maintained in constant intensity, color or pattern, including electronic reader boards, except time and temperature displays. 7 W. Freestanding sign: Any sign permanently or temporarily attached to the ground and which does not have a building as its primary structural support. X. Grand o�enina sign: An on premise sign advertising the opening of a new business. Y. Ground level: Ground elevation at the closest point of the adjacent building or curb level of the adjacent right• -of -way, whichever is closer.' Z. Government offices and quasi -official sians: A sign displaying information pertaining to services offered by city, county, state or other official governmental agencies. AA. Height of a Sian: The vertical distance measured from (average) ground (lowest point of elevation) level along the base of the sign structure, to the highest point of the structure. BB. Hours of operation sign: A wall or window sign designating hours of opening and closing. CC. Illuminated Sian: A sign which has characters, letters, figures, designslor outline backlighted or internally illuminated by electric lights or luminous tubes. DD. Incidental Sian: A wall or window sign indicating type of credit card accepted, trade affiliation, etc. EE. Institutional Sian: A wall or freestanding sign which has copy limited to the name/address of an institution located on the property, i.e., a hospital, school, library or other public facility. F. Liquidation Sian: An on premise sign advertising a one time only clearance, liquidation or going out of business sale. G. Logo. A name, symbol, or trademark of a company, business, or organization. HH. Menu board: A changeable copy wall or freestanding sign limited to a listing of food sold on premises, including prices. II. Monument sign: A low profile freestanding sign which may be internally or externally illuminated, erected with its base on the ground and which is designed to incorporate design and building materials which complement the architectural theme of the buildings of the premises. The base of a monument sign shall not exceed 18" in height and shall be counted as sign area. JJ. Nameplate:_ A wall mounted sign of no more than four (4) square feet identifying the building name or address, or the name of the owner of the premises. KK Nonconforming si n: A sign which complied with all applicable regulations at the time it was installed, but which is now in conflict with the provisions of this chapter. LL. Non -English language signs: Every sign larger than four (4) square feet in area, erected in connection with any business within the city and which utilizes any non-Latin/Roman letters, symbols or characters in fifty percent (500) or more of its advertising message and in letters large enough to be 11 readable from the nearest public street, shall be considered to be a "non-English language sign". MM. Outdoor advertisina sign: A sign, including billboardsI or the sign structure on which it is to be placed, the purpose of which is to advertise products or services that are not produced, stored, or sold on the property upon which the sign or structure is located, but not including travel direction or bus/bench shelter signs in public rights -of -way. NN. Portable sign: A sign not securely attached or fixed to the ground or to a permanent structure; or upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a based, platform, or support for the sign, or to which the sign is otherwise affixed or attached. 00. Pole sian: A freestanding sign supported by one or more uprights. PP. Political sign: A temporary sign conveying a message relating to a political issue, upcoming election or ballot issue. QQ. Price Sian: A sign limited to the name or identification of items or products for sale on the premises, and the price of said items or products. RR. Projecting sign: A sign which projects more than twelve (12) inches from the wall of a building and which has its display surface not parallel to such wall. SS. Real estate sign: A temporary sign indicating 12 that the premises on which the sign is located is for sale, lease or rent. TT. Real estate sign, commercial: A temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. Such sign is limited to use upon commercial property. UU. Roof si n: An attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. W. Security protection sign: A wall or a low profile freestanding sign the copy of which is limited to description of security services provided on premises and security company name WW. Sian: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background thereof. "Sign" and "advertising device" shall not include the following for purposes of this chapter: 1. Official notices issued by any court or public body or officer; 2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice; 13 3. Tntra-community traffic directional signs, warning or informational signs or structures required or authorized by Federal, State, County, or City authority; and 4. Displays of prices or other messages not less than 24 inches behind building windows. XX. Sian cOpV: Any word, letter, number, figure, design or other symbolic representation incorporated into or depicted upon a sign. YY. Sian face: The surface, or that portion of a sign that is visible from a single point as a flat surface, and considered as such, together with the frame and the background. sign. ZZ. Sian structure: Any structure which supports any AAA. Site: One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels served by common access ways, driveway, parking and landscaping. BBB. Special event sign: A temporary sign which conveys a message related to a civic, patriotic or religious event. CCC. Subdivision/model home sign: A sign which identifies a subdivision for sale, and which is located on the property being advertised. 14 DDD. Temporary Holiday Lighting or Window Trimming: Low intensity lighting consisting of continuous bulbs which may flash or blink used to commemorate a patriotic civic or religious event, or decorative trim surrounding the window. EEE. Temporary sign: Any sign displayed for a limited period of time and capable of being viewed from any public right-of-way, parking are, or neighboring property. FFF. No trespassing si n: A sign which contains the following copy only: "No trespassing." GGG. Wall si n: Any sign which is attached or .erected on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than twelve (12) inches from the building, or project above the apparent roof or the height of the wall or parapet. HHH. Window si n: Any sign posted, placed or affixed in or on any window visible from a public right-of-way, parking lot, or neighboring property. SECTION 106. BASIC SIGN PROGRAM. The following signs may be approved by the Planning Director of his designee. No illuminated sign shall be approved in a basic sign program, except temporary holiday lighting and searchlight permits. 15 A. Permanent: 1. Wall signs for individual uses: Max. Area: 1 sq. ft. per 1 lineal foot frontage, to a maximum too sq. ft. per use. Max. Height: Max. Number: 1 per outer wall Location: Exterior of a building with the display surface of the sign parallel to the building wall, and not projecting more than 12 inches from the building or projecting above the apparent roof or the height of the wall or parapet. Special Conditions: No permit shall be issued for a wall sign in a multi -use building or commercial center in which more than one sign is proposed without Planning Commission review and approval. Zone:1 Commercial 2. Canopy and awning signs: Max. Area: Limited to letters or numbers no greater than 7 inches in height designating business name or address. Max. Number: 1 per use Zone: Commercial 16 B. Temporary: i. commercial Real Estate Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number 1 per site Max. Freestanding Height: 6 ft. special conditions: Permit valid for one year after permit issuance, may be renewed. Zone: Commercial 2. Construction Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per site Max. Freestanding Height: 6 ft. Special Conditions: Permit for sign issued after construction permit is issued; sign must be removed upon issuance of occupancy permit. Zone: All 3. Subdivision/Model Home Sales Signs Max. Area: 16 sq. ft, Configuration: Wall or Freestanding Max. Number: 1 per entrance Max..Freestanding Height: 4 ft. 17 �ecial Conditions: Permit valid for six months, renewable. Zone: Any 4. Grand Opening Sign: Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use. Special Conditions: Permit valid for 30 days Zone: Commercial 5. Liquidation Sale Sign Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use special Conditions: Permit valid for 30 days Zone: Commercial 6. Political Signs: Max. Area: 16 sq, ft. Residential zones 24 Sq. ft. Commercial zones I Configuration: Wall or Freestanding Max. Number: 2 per property Max. Freestanding Height: 4 feet residential 6 feet commercial 7. Special Event: Max. Area: 24 sq. ft. Configuration: Wall, Window or Portable Max. Number: 1 per use Special Conditions: Must be removed within ten days following special event. Permit issued not more than 60 days prior to event. Zone: Commercial 8. Temporary Holiday Lighting: Max. Area: N/A Configuration: N/A Max. Number: N/A special conditions: Must be removed within 30 days after permit issuance. Maximum intensity of 25 watts. Trim not to exceed 7" in height or width. Zone: All 9. Temporary Searchlight Permit: Max. Area: N/A Configuration: N/A Max. Number: 1 Searchlight per property Special Conditions: A temporary searchlight I permit may be used for special events such as, but not limited to, Grand Openings and Premier showings. Such permits may be granted for a maximum period of ten days. The ten days may be consecutive or may occur within a 30 day period. Permit shall be granted one time per year. Zone: Commercial SECTION 108. PLANNED SIGN PROGRAM The following signs must be approved by the Planning Commission: A. Sign illumination shall be approved subject to the following conditions: 1. No lighting shall interfere with traffic or regulatory lighting in color or intensity, nor create confusion for motorists or pedestrians in travel. 2. The intensity of lighting and the hours of operation shall be restricted for sign lighting visible from, directed toward or reflecting upon residential properties. 3. Lighting shall be consistent with existing conforming commercial and/or residential properties. B. For single use buildings with 200 feet or more of frontage, a Planned Sign Program may be approve which exceeds the maximum aggregate sign area up to a limit of 200 sq. ft., provided that: 1. No single wall sign so approved exceeds 100 I sq. ft., and no freestanding sign exceeds 24 sq. ft. 2. Any two signs placed on the same frontage which taken together exceed 100 sq. ft. shall be separated by no less than one-half the length of the building frontage. C. No planned sign program shall be approved which allows any combination of signs which exceed an overall maximum of 100 sq. ft. per use, except as stated by the provisions of this ordinance. 20 D. Standards: 1. Freestanding Monument: Max. Area: 24 Sq. ft. Max. Number: 1 per frontage in excess of 99 ft& for structures less than 4 stories 1 per frontage for structures 4 stories or greater Max. Height: 6 feet Zone: Commercial 2. Window Signs: Max. Area: 25 percent of contiguous window Max. Number: 2 per use Zone: Commercial 3. Wall Signs for multi -use buildings or commercial centers: Max. Area: 1 sqe ft. per 1 lineal foot. Frontage to a maximum of 100 sq. I ft. per street level uses plus up to 100 sq. ft. for uses not located at street level which are visible from the street, courtyard, or public parking area and which are individually accessible directly from the outside, such as along a common balcony or walkway. 21 Max. Number: 1 per use per outer wall Location: Same as Basic Sign Program Special Conditions: Sign on rear wall may exceed aggregate 100 sq. ft. maximum per use if necessary to maintain consistency of sign letters with other approved signs. Businesses with frontages less than 25 feet may be approved for sign area up to 25 sq. ft. Zone: Commercial 4. Freestanding Monuments for commercial centers: Max. Area: 72 sq, ft. Max. Height: 6 feet Max. Number: 1 sign per entrance Special Conditions: Shall not be counted toward maximum sign area otherwise permitted. Zone: ICommercial 5. Government flags over 12 sq, ft. in area or 6 ft. in height: I Max. Area: Determined by Planning Commission Max. Height: 35 feet Max. Number: Determined by Planning Commission Zone: All 6. Building I.D. Sign: Max. Area: 36 sq. ft. Max. Height: Must be mounted at a height no less than 25 ft. 22 Max. Number: 1 per building Special Conditions: (a) Signs mounted at a building level higher than 45 feet may be no larger than 2% of the vertical exterior wall upon which the sign is located; (b) Up to 4 Building I.D. Signs may be approved for buildings when such signs are mounted at a building height greater than 75 feet, limited to one sign per building side; (c) Up to two Building I.D. Signs may be approved when signs are mounted higher than 45 ft.; (d) Building I.D. Signs larger than 36 sq. ft. may not be used on properties containing freestanding signs; (e) Building I.D. Signs shall not be counted towards maximum sign area; and (f) Building I.D. Signs are allowed only on buildings the heights of which are no less than 45 feet. Zone: Commercial i 7. Civic Organization Signs/Institutional Signs: a. Freestanding Monument: Max. Area: 24 sq. ft. in commercial zones 16 squ ft. in residential zones Max. Height: 4 feet Max. Number: 1 per frontage in excess of 99 feet in commercial zones 1 per frontage along public streets in excess of 200 feet of residential zones Zone: All special Conditions: Copy may be changeable. Sign must not be located within fifty feet of any residential use. b. Wall Signs: Max. Area: 1 sq. ft, sign area per 1 linear foot frontage, to a maximum of 100 sq. ft. in commercial zones. 1 sq* ft. sign area per 1 linear foot frontage, to a maximum of 50 sq. feet in residential zones. Max. Number: 1 per frontage on public streets. Zone: All Special Conditions: Copy may be changeable. Must not be located within fifty feet of any residential use. 8. Condominium, Subdivision or Rental Community Sign (Permanent): Max. Area: 16 sq. ft. Max. Height: 4 ft. Configuration: Wall or freestanding monument 24 Max. Number: 1 per frontage in excess of 200 ft. Zone: All Special Conditions: Must not be located within fifty feet of any residential use which is not part of the condominium project, subdivision or rental community located on the property. Height is to be measured from ground level along the base of the sign structure to the top of the sign area. 9. Attraction or Menu Board: Max. Area: 24 sq. ft. Max. Height: 6 ft. in commercial zones Configuration: Freestanding monument Max. Number: 1 per frontage along public streets in excess of 99 feet Wall Signs: Max. Area: 1 sq. ft. sign area per 1 ft* frontage along a public street to I a maximum of 100 sq. ft. Max. Number: 1 per use, except theatre marquees Location: Same as Basic Sign Program special Conditions: Theatre marquees shall be determined by Planning Commission. SECTION 110. EXEMPT SIGNS A. Government required traffic and directional signs. 25 B. Official City monument signs located at City limits. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign I nstallation. C. Monument signs on City park grounds or at City facilities. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. D. Entrance/Exit Signs (wall or window): Area: 1 sq. ft. Configuration: Wall or window Number: 1 per entrance plus 1 per exit Special Conditions: Must be consistent in color, background and lettering of other signs on the property. E. Real Estate Signs: Area: 6 sq. ft. Height: 8 ft. I Configuration: Freestanding, window (one window sign allowed per ground level lease space) Number: 1 per property Special Conditions: Removed upon sale, lease or rent of property. May not be used in conjunction with commercial real estate signs. 26 F. Nameplate/Address Sign: Area: 4 sq. ft. Configuration: Wall Number: 2 per building Special Conditions: May be illuminated with lighting no greater than 25 watts. G. Hours of Operation: Area: 1 sq. ft. Configuration: Wall or window Number: 1 per use H. Incidental Sign: Area: 1 sq. ft. Configuration: Wall or window Number: 1 per use I. Security Protection: Area: 1 sq. ft. Height: 1 ft. Configuration: Wall or freestanding 1 Number: 1 per property Special Conditions: My utilize pole uprights. J. No Trespassing Sign: Area: 2 sq. ft. Height: 2 ft. Configuration: Wall or freestanding Number: 1 per property Special Conditions: May utilize pole uprights. 27 K. Flags: Area: 12 sq. ft. per flag Height: 6 ft. Number: 2 per property Special Conditions: Must represent government body or unit and may be pole mounted. L. Warning Signs as required by Federal, State or City regulations: Area: 4 sq. ft. Height: 4 ft. Configuration: Wall or freestanding special Conditions: May use pole uprights. M. Signs located within the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall. SECTION 112. PROHIBITED SIGNS Unless expressly permitted elsewhere in this chapter, the following signs are prohibited: A. Any off premises or outdoor advertising sign or billboard placed on private property for the purpose of advertising a business not on the property upon which the sign is placed. B. Flashing, moving, pulsating, or intermittently lighted signs, electronic reader boards, time and temperatures signs and searchlights. m C. Signs which conflict with.or imitate any traffic control devices due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic. D. Animals or human beings, live or simulated, designed or used so as to attract attention to the premises. E. Loudspeakers, or signs which emit sound, odor, or visible matter other than menu boards. F. Signs with mechanical movement. G. Roof signs. H. Projecting signs. I. Permanent pole signs. J. Changeable copy signs, except theatre marquees, civic organization/institutional signs and attraction boards, as specifieA under the provisions of this code. K. Banners, non -governmental flags, kits, pennants, balloons, or other such advertising devices or displays. L. Signs which constitute a nuisance or hazard due to such factors as location, intensity of light or reflectivity. M. Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the business or property within sixty (60) days of the business' closing date. N. Vehicle signs, trailer signs, signs affixed to automobiles, trucks, trailers, or other vehicles parked on any property within the City for the principal purpose of advertising 29 or display. It is a prima faci violation of this section if the advertising medium utilized on the vehicle is a sign, device, or structure separate from the vehicle, or if the copy is readily changeable, and if the device or structure exceeds nine (9) square feet in area and the vehicle is parked on the street or on the business premises to which the advertising relates or in reasonable proximity thereto and the location of the advertising is reasonably calculated to direct an observer towards the business. It shall be considered that advertising was the principal purpose of the parking of the vehicle, notwithstanding the fact that the vehicle is driven to and from the business premises on a daily basis. O. Signs on any public property or projecting within the public right-of-way, except with an encroachment permit or as otherwise specified in this section. P. Price signs, except as required by law as in the case of fuel sales, or as part of menu and attraction boards. Q. Any other sign or advertising device, not expressly permitted by thI is division. R. Any sign continuously outlined with individual light bulbs or string of lights, except as otherwise provided by this section. S. Portable signs, unless approved as Temporary Special Event Signs, SECTION 114. NON -CONFORMING SIGNS N\1011\SIGNORD\DB 3