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HomeMy WebLinkAboutADR 1999-5Aw- C I T Y O F COMMUNITY DEVELOPMENT DIAMOND BAR Clear Form cai.lra Rhin PROJECT FILE CHECKLIST Instructions: This form is to be used when closing out project files. Please complete electronically and include this form as the cover page prior to scanning. Project Name: Planning Case Number: Street Address: APN: Lot Number: Tract Number: Parcel Map Number: Key documents to be scanned in the following order: Planning Application Approval / Denial Letter Relevant Correspondence Final Signed Resolution Agenda and Minutes Staff Report and Resolution (including all attachments to the staff report) FEW are on Approved Architectural Conceptual Grading Approved Landscape Approved Fuel Modification Covenant Signed Affidavit City Attorney Correspondence Project Manager's Signature: Date: Y11 i Ma (oleo lI'm", COMMUl\_ _ I DEVELOPMENT DEPARTMENT I, Copley Drive Suite 190 909) 396-5676 Fax (909)861-3117 ADNIINISTRATIVE DEVELOPMENT REVIEW! Recechord Owner Applicant Name / col/ 4 VII- r Last name first) If (Last name first) Address -,; V-edV, City, / 4rdadlCeX Zip . i Phone O 4w W,97 Phone( } 6e NOTE: It is the applicant's responsibility to notify the Community Development Director in principals involved during the processing of this case. CasAO a19rs FPL # 12 Deposit $ woo = Receipt# / . 2- By Date Rec'd X 1--I,A -? writing of any change of the Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I y tRa am t ofv i 6ribed property and permit the appli t to file this request. Signed Date / y All record owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Applicant or Agent) Signed Applicant or Agent) Location CL. Street address .or tract and lot Zoning Date HNM Previous Cases Use of Site `/ 7 l . A, l; Legal description (all ownersb' - comprising the proposed lot(s)/parcel(s)) Area devoted to structures Project Size 6 Lot Coverage Style of Architecture Number of Floors Proposed Cut Import Export If yes, Quantity Quantity Landscaping/Open space Proposed density. UnitslAcres) Slope of Roof An Administrative Development Review is required for commercial, industrial, institutional and residential development ofof limited size and scope which involve the issuance of a building permit for construction or reconstruction of a structure(s) which meets gthe following criteria: 1. New construction on vacant residential property; 2. Structural additions to an existing building which are equal to fifty percent, or more, of the floor area. 3. Residential construction involving four or less dwelling units are subject to Administrative Development Review pursuant to Section 22.72.060 ALL ADMINISTRATIVE DEVELOPMENT REVIEWS AND DEVELOPMENT REVIEW APPLICATIONS SHALL CONTAIN THE FOLLOWING INFORMATION: A. A detailed site plan, floor plans and elevations showing: 1. Dimensions and orientation of the parcel with the scale clearly indicated. 2. Location of buildings, structures and signs, both existing and proposed. 3. Location of eave overhang and architectural features. 4. Location of landscaping and irrigation, both existing and proposed, 5. Grading Plans, including earthwork calculations. B. Administrative Development Review requires 5 copies of each (full sized are to be folded). C. All building elevations including signage. D. Indicate types and colors of all exterior construction materials with a materials board. Include a colored rendering of the proposal (both maximum size Vx14"). E. Location of all walls and fences, their height and materials of construction. F. Copies of any and all CC&R's applicable to the development or use of the land. G. Any other architectural and engineering data as may be required to permit a complete investigation of the proposal. H. `700' land use radius map. 5J0' property ownership map. I. 2 sets of gummed mailing labels for all property owners within the 500' radius (including applicant and/or applicant's agents). Number all lots and cross reference with labels. Include a photocopy of all labels. J. Photographs of site and key diagram. K. Oak tree statement. 9--L. 2 copies of a Title Report that is less than 30 days old. THE MATERIALS HEREWITH BEING SUBMITTED DO NOT CONSTITUTE A COMPLETE FILING OR AN ACCEPTANCE BY THE CITY. Within 30 days from the date noted on the fee receipt, the applicant or his agent will be mailed a statement notifying him if additional materials or information are needed. It should also be noted that additional environmental material/ data may be required before project processing can begin and a public hearing meeting scheduled. The results of the staff's environmental review (Initial Study) will be sent to you as soon as possible. AT THE TIME THE INITIAL STUDY IS COMPLETED; YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL ENVIRONMENTAL FEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Planning Division. Additional information may be requested by the Planning Division in order to complete the processing of this application. Revised 7197 OAK TREE STATEMENT The subject property contains no oak trees. 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 trees. 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. z -99 Date Wen Chang Mayor Deborah H. O'Connor Mayor Pro Tern Eileen R. Ansari Council Member Carol Herrera Council Member Robert-S. Huff Council Member City ®f Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 909) 860-2489 - Fax (909) 861-3117 Internet: http-//www.ci.diamond-bar.ca.us - City Online (BBS): (909) 860-5463 July 26, 1999 Mr. Sam Samonian VIA FACSIMILE 1024 Brea Canyon Road AND FIRST-CLASS MAIL Diamond Bar, CA 91789 RE: Administrative Development Review No. 99-05 Dear Mr. Samonian_ Pursuant to our recent conversation and correspondence of July 16, 1999, the City has received your request to withdraw your application entitled Administrative Development Review No. 99-05 for storage shed, propane tank and additional vacuum. A site visit this date confirmed the removal of the shed and vacuum. As discussed the removal of the public hearing notice sign will be done today or tomorrow. Additionally, last Friday we received your payment of $1,060.50 for the outstanding balance. If you have any questions, please do not hesitate to call me at (909) 396-5676. Sincerely, Linda Kay Smit Development Services Assistant cc: James DeStefano, Deputy City Manager Recycled paper Space below for use of County Clerk only) SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 OF DIAMOND B A loved for PayMe POP Acc(-wnt 4 Amount A Dept Appr Finanee City gr Approval if applicable) STATE OF CALIFORNIA County of Las Angeles PROOF OF PUBLI 2015.5 C.C.P I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entired matter. I am the principal clerk of the printer of SAN GABRIEL V LLSY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case (lumber 684891. The notice, of which the annexed is a true printed copy, has been published in each re-,_,larand entired issue of said newspaper and not in any supplement thereof on the following dates, to grit: 1 declare under penalty of perjury that the foregoing is true and correct. Executed at Vilest Co ' a _ LA Co. California t 'sd yof 19 99 signature LPG Bq, L( S T 1 rt%-1 — NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the Deputy City Manager will conduct a public hearing on the following item to determine whether or not the subject request shall be approved under the provisions of State law and the City of Diamond Bar's Zoning Code: Administrative Development Review No. 99.05 (pursuant to Code Section 22.48) is a request to construct a 67 square foot storage shed and propane storage tanks at a commercial site currently used as full -service gasoline station, touch -free car wash, and mini -market. PROJECT ADDRESS: 1024 Brea Conyo'n Road, Diamond Bar, CA (Lot 9, Tract 2166) PROPERTY OWNER:. Mobil Oil Corporation, 3700 W. 190th St., Torrance, CA 90504 APPLICANT: Sam Simonion, 1024 Brea Canyon Road, Diamond Bar, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303, the City has determined that this proiect is Categorically Exempt. If you are unable to attend the public hearings, but wish to send written comments, please write to the Diamond Bar Community and Development Services Department/' Planning Division at the address given below. You may also obtain additional information concerning these cases by phoning (909) 396-5676. If you challenge this application and proiect in court, You may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In written correspondence delivered to the Deputy City Manager at, or prior to, the public hearing. TIME OF HEARING: 6:00 p.m. (or as soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, May 11, 1999 LOCATION: South Coast Air Quality Management District Auditorium 21865 E. Copley Drive Diamond Bar, California 91765 CASE MATERIALS: Available for review between 8:00 a.m. and 3:00 p.m. at the City of Diamond Bar Community and Development Services Department/Planning Division, 21660 Copley Drive, Suite 190, Diamond Bar, CA 91765. Publish: April 30, 1999 San Gabriel Valley Tribune Ad No. 45543 4 5cace _eiow tar use of Caunr( C:erk oniyl SAN G. BRIEL VALLEY i IEUNE alzliiated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 9 1790 OF PROOF OF PUBLICA PUB ICI HEARING 2015.5C.C_P.OFTICE IS DIAMONDRBAR thatN BY THE he D put CITY City Manager will conduct a public hearing on the following item to determine whether or not the subject request shall be approved under the provisions of State low and the City_ of Diamond Bar's Zoning Code: STATE OF CALIFORNIA Administrative Development Review No. 99.05 (pursuant to Cade Section 22.49) is a request to construct a 67 square foot County of Los Angeles coincommercial storage shed, propane storage tanks and Coin operated vacuum at a commercial site currently used as fueling station, touch -free car wash, and mini market I aryl a citizen of the United States, and a resident of the county aforesaid; 1 am over the age of eighteen years, and not a party to or 'interested in the above -enticed marter. 1 am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. Tire notice, of which the annexed is a true printed copy, has been published in each regular and en tired issue of said newspaper and not in any supplement thereof on the following dates, to wit: I declare under penalty of perjury that the foregoing is true and correct. Exec Jday West Cov' Co. California h' of 19 9 9 signature 4 PROJECT ADDRESS: 1024 Brea Canyon Road Diamond Bar, CA 91789 h ( Lot 9, Tract 2166) PROPERTY OWNERS: i Mobil oil Corporation ii 3700 W. 190th St. Torrance, CA 90504 APPLICANT: Sam Simonion 1024 Brea Canyon Road Diamond Bar, CA 91789 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (c), the City has determined that this project is Categorically Exempt. If you are unable to attend the public hearings, but wish to send written comments, please write to the Diamond Bar Community and Development Services. Department/ Planning Division at the address given below. ormation concerning iso obtain esby additional these phoning ( 909) 396-5676. If you challenge this application and project in court, you may be limited to raising only those issues You or someone ease raised at the public hearing described in this notice, or in written correspondence delivered to the Deputy City Manager at, or prior to, the public hearing. TIME OF HEARING: 6:00 p.m. (or as soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, June 8, 1999 LOCATION: South Coast air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California 91765 CASE MATERIALS: Available for review between 8: 00 a.m. and 3:00 p.m. at the City of Diamond Bar Community and Development Services Department/ Planning Division, 21660 Copley Drive, Suite 190, Diamond Bar, CA 91765. Publish: May 28, 1999 San Gabriel Valley Tribune Ad No. 82563 NOTICE OF PUBLIC., HEARING City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 TO: Property Owners within a 500-foot radius of subject site FROM: City of Diamond Bar, Deputy City Manager NOTICE IS HEREBY GIVEN, pursuant to State law, that a public hearing will be held by the Deputy City Manager to determine whether or not the subject request shall be approved under the provisions of State law and the City of Diamond Bar Zoning Code as follows. - DATE AND TINS OF HEARING: Tuesday, May 11, 1999, 6:00 P.M. (or as soon thereafter that the matter can be heard) PLACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: Administrative Development Review No. 99-05 REQUEST. Administrative Development Review No. 99-05 (ptusuant to Code Section 22.48) is a request to construct a 67 square foot storage shed and propane storage tanks at a commercial site currently used as a full -service gasoline station, touch - free car wash, and mini -market. PROPERTY ADDRESS: 1024 Brea Canyon Road, Diamond Bar, CA 91789 (Lot 9, Tract 2166) PROPERTY OWNES: Mobil Oil Corporation, 3700 W. 190" Street, Torrance, CA 90504 APPLICANT: Sam Simonian, 1024 Brea Canyon Road, Diamond Bar, CA 91789 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303, the City has determined that this project is Categorically Exempt. Published in: San Gabriel Valley Tribune: April 30, 1999 Inland Valley Daily Bulletin: April 30, 1999 If you are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community and Development Services Department/Planning Division at the address given b£low. To pveview casa materials or for firriner information on this subject, please contact the Planning Division at (909) 396-5676. If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Deputy City Manager at, or prior to, the public hearing. CASE MATERIALS are available for review between the hours of 8 a.m. and 3 p.m., at the City of Diamond Bar Department of Community and Development Services, Planning Division, 21660 Copley Dr., Ste. 190, Diamond Bar, CA 91765 i ' D:WORD-LMAIADRIPROJECTS199-051ADR 99-05 MAILER 043099 AREA MAP: Trth Subject Site me w Seale) NOTICE OF PUBLIU BEARING City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 TO: Property Owners within a 500-foot radius of subject site „ FROM: City of Diamond Bar, Deputy City Manager NOTICE IS HEREBY GIVEN, pursuant to State law, that a public hearing will be hold by the Deputy City Manager to determine whether or not the subject request shall be approved under the provisions of State law and the City of Diamond Bar Zoning Code as follows: DATE AND TE%IE OF HEARING. Tuesday, June S, 1999, 6:00 P.M. (or as soon thereafter that the matter can be heard) PLACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: Administrative Development Review No. 95-05 REQUEST: Administrative Development Review No. 99-05 (pursuant to Code Section 22.48) is a request to construct a 67 square foot storage shed, propane storage tank, and coin operated vacuum at a commercial site currently used as a fueling station, touch -free car wash, and mini -market. PROPERTY ADDRESS: 1024 Brea Canyon Road, Diamond Bar, CA 91789 (Lot 9, Tract 2166) PROPERTY OWNES: Mobil Oil Corporation, 3700 W. 19& Street, Torrance, CA 90504 APPLICANT: Sam Simonian, 1024 Brea Canyon Road, Diamond Bar, CA 91799 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (c), the City has determined that this project is Categorically Exempt. Published in: San Gabriel Valley Tribune: May 28, 1999 Inland Valley Daily Bulletin: May 28, 1999 If you are unable to attend the public hearing, but wish to send written comments, please write to the City of Dinmurml Da Com.:,l•.:: i ar-04 Development Services DepartmentlPlanning Division at the address given below. To preview case materials or for further information on this subject, please contact the Planning Division at (909) 396-5676. If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Deputy City Manager at, or prior to, the public bearing. CASE MATERIALS are available for review between the hours of 8 a.m. and 3 p.m., at the City of Diamond Bar Department of Community and Development Services, Planning Division, 21660 E. Copley Dr., Ste. 190, Diamond Bar, CA 91765 D:WORD-LINDAlADR1PROJECTS199-051ADR 99-05 MAILER 052199 AREA MAP: 1 North Subject Site a.a&) 9 N 3 13Z a p , lota iJ Q:1.o f X = 49 4 3 s3 2 5 7 s m '•*`. dl 1E ,4c.raL0 , n ' a = o T 35336 / / a Mobil March 13, 1990 Mr. Brian E. Rechsteiner Territory Manager Mobil oil Corporation 3800 W. Alameda Ave., Suite 700 Burbank, CA 91505-4331 I Dear Mr. Rechsteiner: As requested, the City of Diamond Bar sent the Unilateral A reement to the County of Los Angeles for recordation following ratification of same by the Diamond Bar City Council. However, this document has been returned due to lack of a notarized signature by your company's Attorney -in -Fact. Apparently, the Power of Attorney is unacceptable. In addition, the County Registrar -Recorder would not accept recordation without payment of the fee. It appears as though they do not recognize this as the type of document normally exempt from recordation fees. Therefore, it is suggested that the signature page be notarized and that your firm proceed to record this document. Sincerely, Lynda Burgess, CMC City Clerk Enclosures (2) BRIAN E. RECHSTEINER Tefritary Manager MORL OIL CORPORATION 3800 West Alameda Avenue Sete 700 Burbank, California 915054331 {8181953-2667 2_ ©&W JUl 4"tari. y Ync i yi d v/O 7Za ary ya magi JAMES L.MARKMAN .NLO?P Stvital i op7ti7,ipw NUMBER ONE CIVIC CENTER CIRCLE ANDREW V. ARCZYNSKI 059 RALPH O, HANSON `r FEB P.O. BOX 1- 2 F. ELLIOT GOLDMAN RECEIVED C 4WWiv gREA,CA LIFORN71 9 90-O 059 JEFFREY KING (714} 990-0901 TELEPHONE D. CRAIG FOX (2131 691 -361 I MARTHA GEISL.ER PATTERSON W ILLIAM R. CURLEY M CONFIDENTIAL MEMORANDUM TO: Mayor Phyllis Papen, Mayor Pro Tem Paul Horcher, Council Members John Forbing, Gary Miller and Gary Werner FROM: Andrew V. Arczynski, City Attorney DATED: February 2, 1990 RE: Mobil Oil Car Wash Sign Issue At the January 2, 1990 Council meeting, the topic of the approval of a modification to the "unilateral contract" for the Mobil Oil Car Wash was discussed. During that Council meeting, there was a request to determine whether or not the signs existing on the Mobil Oil site were within the requirements of the County's Zoning Ordinance, as adopted bytheCity. We have reviewed correspondence to the Council from the Planning staff indicating that an analysis of all the signs, on site, and a comparison thereof with the planning andzoningfilesmaintainedbytheCountyofLosAngeles, indicates that the signs on the subject property are, in fact, legal signs. As an aside, we note that the signs located on the premises which display the price of gasoline and related products are signs which are required by the California Business and Professions Code to be on the premises in order that motorists may be advised of the price of gasoline and similar products "from the street" prior to turning into the gas station. Specifically with respect to the issue of whether or not the City Council may require modifications to the signs which exist on site, or the removal of certain signs, we have reviewed the provisions of Chapter 2.5 of Division 3 of the California Business and Professions Code (Sections 5490 et. seq.) which now regulate the City's ability to deal with advertising at business locations. That chapter defines such advertising as "on -premises advertising displays". RECORDING REQUESTED BY: City Clerk -- City of Diamond Bar 21660 E Copley Dr. Suite 100 Diamond Bar, CA 91765 AFTER RECORDATION, RETURN TO: Mobil Oil Corporation 3800 West Alameda Avenue Suite 700 Burbank, CA 91505-4331 Attention: B. E. Rechsteiner EXEMPT FROM RECORDATION FEES PURSUANT TO GOVERNMEN CODE SECTION 27383 REVISED UNILATERAL CONTRACT IMPOSING LAND'USE RESTRICTIONS 1. Mobil Oil Corporation, hereinafter referred to as Declarant, is the fee owner of that certain real property located at1024S. Brea Canyon Road, Diamond Bar, in the County of LosAngeles, State of California, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. 2. Declarant hereby makes the following declaration of covenants, conditions, restrictions, limitations, rights and uses to which the real property may be put; each and all ofthecovenants, conditions, restrictions, limitations, rights and uses contained herein shall run with the land and shall be binding on Declarant, its successors and the assigns and all subsequent owners of all or any part of the real property. 3. Any C-3-DP-BE (Unlimited Commercial -Development Program - Billboard Exclusion) land use to be established on the subject property shall be required to meet the followingdevelopmentcriteria. These criteria are intended to ensure that the development and use of the subject property are compatible with the adjacent single family residences to the south as agreed by Declarant at the Board of Supervisors Public Hearing on September 15, 1988 (Zoning Case 87-502). A. Mobil Oil Corporation will replace the existing fencinglocatedattherearyardsofthefirstthreeresidences located at 21103, 21109, and 21115 Gerndal Street and the side yard fence facing Brea Canyon Road at 21103 Gerndal Street with a six toot (61011) masonry block sound wall with all cost to be incurred by Mobil Oil Corporation. The fourth residence, 21125 Gerndal Street, will have the existing wall stuccoed to match texture and color) the new block wall for the other three residences. B. Mobil il- Corporation will have ins-L-dlled, double pane glass windows or roll away shutters to reduce sound levels, at the above listed addresses. Three windows3) will be installed at the first three locations, 21103, 21109, and 21115 Gerndal Street, and the fourth residence 21125 Gerndal Street will have a total of five (5) windows installed for a total of fourteen (14) windows installed for all locations, with all cost incurred by Mobil oil Corporation. C. All work on the four houses to be completed prior to the opening of the automated car wash. D. The hours of operation of the automated car wash shall be from 7:00 a.:m, to 9:00 P.M. E. Mobil Oil Corporation shall install automatic closure doors at the ends of the car wash to reduce sound levels when the car wash is in operation. 4) Declarant shall submit one or more site plans which shall be approved for conformance with criteria 3 of this contract. Site plan for uses permitted as.a matter of course in the C-3-DP-BE zone shall be approved by the Director of Planningpriortoissuanceof -a building permit. 5. Declarant shall maintain said real property and all structures situated thereon in good, neat, attractive, safe, and sanitary conditions and make all structural repairs as they may be required. 6. The provisions imposed by this declaration are in consideration of the adoption of a zoning ordinance bytheBoardofSupervisorsoftheCountyofLosAngeles permitting on said real property all C-3-DP-BE land uses, both permitted and.subject to permit, the site plans for which conform to paragraphs 3 and 4 above. 7. The provisions imposed by this declaration shall be effective only during such time that the zoning classification of the real property described in paragraph 6 above permits the construction and operation of the uses specified in paragraph 6 above, and related accesso_ry_-uses, unless otherwise released by authority of the'Board of -Supervisors of the County of Los Angeles. 8. The County of Los Angeles shall have the right to enforce byproceedingatlaworinequityalloftheprovisionsimposedbythisdeclaration, including without limitation, the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting toviolateanyofsaidprovisions, to enjoin or prevent them from doing so and to cause said 'violation to be remedied. 9. If Declarah,, aefaults in the performance or observation of any provisions of this declaration, Declarant agrees to paytheCountyofLosAngelesallcostsandfeesincurred, including reasonable attorney's fees, regardless of whether legal proceeding are instituted. In case a suit is instituted, Declarant shall also pay the costs of suit, in addition to the aforesaid costs and fee. 10. The failure of the County of Los Angeles'to enforce any of the provisions imposed by this declaration shall not constitute a waiver of the right of enforce the same thereafter. 11. The provisions of this instrument shall inure to the benefit of and be binding upon all of Declarant's assigns, transferees, heirs and successors in interest. 12. An executed copy of this contract will be returned to the County Counsel along with the date of the contract's recordation and the recording information. DATED:[ Mobil Oil Corporation BY: ATTORNEYIN-FACT EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP 4739 AS PER MAP FILED IN BOOB 51, PAGE 8 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, STATE OF CALIFORNIA. C THE STATE OF VIRGINIA) COUNTY OF FAIRFAX ) BEFORE ME', the ndersigned authority in and for Fairfax County, Virginia on this LP-- day of 1989 personally appeared known to me to be the person whose name is -subscribed to the forego intrument, and known to me to be the w , 1_ respectively, of MOBIL OILCORPORATION, a New York corporatio.", and cknowledged to me that they executed the said instrument for the purposes and consideration therein expressed, and as the act and deed of said corporation. GIVEN under my hand and seal of office this.(0 day of C{ Notar Public My Commission Expires: - My Comm1ssion Expires April 26, 1993 J Mobil oil Corporation CITY OF DIAMOND BAR Mr. Andrew Arczynski City Attorney P.O. Box 1059 Brea, CA 92622-1059 Dear Mr. Arczynski, 3800 WEST ALAMECIA AVENUE. SUITE 700 BURBANK. CALIFORNIA 91505-4331 December 13, 1989 RE: REVISED UNILATERAL CONTRACT FOR SITE LOCATED AT 1024 S. BREA CYN. RD. DIAMOND BAR, CA. Attached you will find the "Revised Unilateral Contract" executed by an officer of Mobil Oil Corporation. As we discussed, your plans are to take this to the City Manager of Diamond Bar for administrative handling. Please return a copy of the recorded document and any related correspondence to me. I appreciate your assistance with the city's involvement in this project, as we are anxious to move forward with the development. Sincerely yours, Brian E. Rechsteiner RECEIVED DEC' AGENDA NO. DATE: January 29, 1990 CITY OF DIAMOND BAR ^ AGENDA REPORT MEETING DATE: February 6, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Dennis Tarango, Acting Planning Director BACKGROUND: Per City Council request, a site inspection has been conducted by Planning Department Staff of the Mobil Oil Service Station located on the Southwest corner of Brea Canyon Road and Golden Springs Drive and has revealed that all signage on said property conformSwith County of Los Angeles Zoning Ordinance requirements in effect prior to the incorporation of the City of Diamond Bar. All permits and approvals are on file. Regarding the five fuel identification signs, this State's Business and Professional Code 13531 mandates that all fuel service stations display the type of fuel and price in such a manner that unobstructed visibility from adjacent streets and intersections is possible. In addition, these signs can also display cash discounts and additional services or products that are available. The said signs fulfill this requirement. RECOMMENDATION• Direct staff to study alternatives restricting the number of fuel identification signs and size of such signs. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: ED t. y Robert L. Van Nort City Manager Narrative continued on next page if necessary) U T^` AndrewV.Arczynski Linda Magnuson City Attorney Sr. Accountant Mobil oil Corporation 3800 WEST ALAMEDA AVENUE, SUITE 700 BURBANK, CALIFORNIA 91505-4331 December 13, 1989 CITY OF DIAMOND BAR Mr. Andrew Arczynski City Attorney P.O. Box 1059 Brea, CA 92622-1059 RE: REVISED UNILATERAL CONTRACT FOR SITE LOCATED AT 1024 S. BREA CYN. RD. DIAMOND BAR, CA. Dear Mr. Arczynski, Attached you will find the "Revised Unilateral Contract" executed by an officer of Mobil Oil Corporation. As we discussed, your plans are to take this to the City Manager of Diamond Bar for administrative handling. Please return a copyoftherecordeddocumentandanyrelatedccrrespondencetome. I appreciate your assistance with the city's involvement in this project, as we are anxious to move forward with the development. Sincerely yours, Brian E. Rechsteiner RECENED NEC 1 41989 B. Mobil Oil Corporation will have installed, double pane glass windows or roll away shutters to reduce sound f- levels, at the above listed addresses. Three windows 3) will be installed at the first three locations, 21103, 21109, and 21115 Gerndal Street, and the fourth residence 21125 Gerndal Street will have a total of five (5) windows installed for a total of fourteen (14) windows installed for all locations, with all cost incurred by Mobil Oil Corporation. C. All work on the four houses to be completed prior to the opening of the automated car wash. D. The hours of operation of the automated car wash shall be from 7:00 a.m. to 9:0o p.m. E. Mobil oil Corporation shall install automatic closure doors at the ends of the car wash to reduce sound levels when the car wash is in operation. 4. Declarant shall submit one or more site plans which shall be approved for conformance with criteria 3 of this contract. Site plan for uses permitted as a matter of course in the C-3-DP-BE zone shall be approved by the Director of Planningpriortoissuanceofabuildingpermit. 5. 4 Declarant shall maintain said real property and all structures situated thereon in good, neat, attractive, safe, and sanitary conditions and make all structural repairs astheymayberequired. 6. The provisions imposed by this declaration are in consideration of the adoption of a zoning ordinance bytheBoardofSupervisorsoftheCountyofLosAngeles permitting on said real property all C-3-DP-BE land uses, both permitted and subject to permit, the site plans for which conform to paragraphs 3 and 4 above. 7. The provisions imposed by this declaration shall be effective only during such time that the zoning classification of the real property described in paragraph 6 above permits the construction and operation of the uses specified in paragraph 6 above, and related accessory uses, unless otherwise released by authority oftheBoardofSupervisorsoftheCountyofLosAngeles. 8. The County of Los Angeles shall have the right to enforce by proceeding at law or in equity all of the provisions imposedbythisdeclaration, including without limitation, the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of said provisions, to enjoin or prevent them from doing so and to cause said violation to be remedied. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP 4739 AS PER MAP FILED IN BOOK 51, PAGE 8 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, STATE OF CALIFORNIA. r THE STATE OF VIRGINIA) COUNTY OF FAIRFAX ) BEFORE ME-, the undersigned authority in and for Fairfax County, Virginia on this Lp__ day of 1989 personally appeared known to me to be the person whose name is.subscribed to the foregoing i rument, and known to me to be the iyro I , respectively, of MOBIL OIL CORPORATION, a New York corporatia", and cknowledged to me that they executed the said instrument for the purposes and consideration therein expressed, and as the act and deed of said corporation. GIVEN under my hand and seal of office this -G day of L- -p Notar Public My Commission Expires: My Commission Expires April 26. 1993 i l I&W_/ liC!x4"24n, JAMES L.MARKMAN .aY rJy6f£lklcOyttl.(j 2ppyagr NUMBER ONE CIVIC CENTER CIRCLE ANOREW V. ARCZYNSKI RALPH O. HANSON Z(',0 R. O. Box IOS9 OLDMA RECEIVED FEB { B REA, CA LfFpR NIq g26Z2-1059F. ELLIOT GOLD MAN JEFFREY KING TELEPHONE ( 7I4) 99O-001 b. CRAIG FOX { 9( 2131 591 -361 1 MARTHA GEISLER PATTERSON WILLIAM P, CURLEY III CONFIDENTIAL MEMORANDUM TO: Mayor Phyllis Papen, Mayor Pro Tem Paul Horcher, Council Members John Forbing, Gary Miller and Gary Werner FROM: Andrew V. Arczynski, City Attorney DATED: February 2, 1990 RE: Mobil oil Car Wash Sign Issue At the January 2, 1990 Council meeting, the topic oftheapprovalofamodificationtothe "unilateral contract" fortheMobilOilCarWashwasdiscussed. During that Councilmeeting, there was a request to determine whether or not the signs existing on the Mobil Oil site were within the requirements of the County's zoning Ordinance, as adopted bytheCity. We have reviewed correspondence to the Council fromthePlanningstaffindicatingthatananalysisofallthesigns, on site, and a comparison thereof with the planning andzoningfilesmaintainedbytheCountyofLosAngeles, indicatesthatthesignsonthesubjectpropertyare, in fact, legalsigns. As an aside, we note that the signs located on the premises which display the price of gasoline and related products are signs which are required by the California Business and Professions Code to be on the premises in orderthatmotoristsmaybeadvisedofthepriceofgasolineandsimilarproducts "from the street" prior to turning into thegasstation. Specifically with respect to the issue of whether ornottheCityCouncilmayrequiremodificationstothesignswhichexistonsite, or the removal of certain signs, we havereviewedtheprovisionsofChapter2.5 of Division 3 of theCaliforniaBusinessandProfessionsCode (Sections 5490 et. seq.) which now regulate the City's ability to deal withadvertisingatbusinesslocations. That chapter defines suchadvertisingas "on -premises advertising displays". Mayor and City Council February 2, 1990 Page Two The Business and Professions Code dealing with on - premises advertising displays was initially enacted in 1983 andhassincebeenmodifiedinseveralparticulars. However, probably the most important provision of that chapter is Section 5491 which provides, in pertinent part, as follows: except as provided in this chapter, no on -premises advertising display which is used for any of the purposes set forth and conforming to Section 5490 shall be compelled to be removed or abated, and its customary maintenance, use, or repair shall not be limited, whether or not removal or limitation is required because of any ordinance or regulation of any city or county, without the payment of fair and just compensation." Section 5492 goes on to define the determination of fair and just compensation as, essentially, being fair marketvalueofthesign. As noted above, the chapter contains several exceptions pertaining to amortization requirements for ordinances which were in effect prior to 1983, as well as more recent modifications which allow for cities incorporated afterJanuary1, 1989 to adopt ordinances or regulations requiringtheremovalofon -premises advertising devices without compensation, except that any such removal cannot occur within fifteen years of the date of the effective date of the ordinance or amendment to an existing sign code. Accordingly, it appears that the intent of the legislation is to preclude municipalities from requiring business owners to remove on - premises advertising displays absent compliance with the specific provisions of the chapter, the most important one, again, being the requirement for payment of compensation fortheremoval. Based upon our analysis of the requirements of the Business and Professions Code Section, we believe that if the Council were to require Mobil oil to remove or reconstruct the signs on the property as a condition to approval of the request to construct the car wash facility, a court would likelyrequiretheCitytopay "just compensation" for removal or modification thereof. At this time,.as noted earlier in this correspondence, the signs which exist at the Mobil Oil site arelegalandconformingwiththeCode. Accordingly, in order to r` Mayor and City Council February 2, 1990 Page Three signs on the premises, we would need to attempt to determine the value of any such signs in order that the Council might be fully informed of the potential cost of requiring the removal as a part of the the approval of the car wash facility. Shouldany member of the Council wish to discuss the matterinmoredetail, they should not hesitate to contact this officeattheirconvenience. AVA/ nlc N\ 1011\MDBCC\DB 6.9 4 MOBIL OIL CORPORATION POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: THAT MOBIL OIL CORPORATION, a corporation organized and existing under the laws of the State of New York, (the "Cor- poration") does hereby make, constitute and appoint D . R . HAYE S I. R. HEATH and each of them, its true and lawful attorneys -in -fact and agentsforitandinitsname, place and stead to perform the followingacts: 1. To sign, execute, acknowledge and deliver all necessaryinstrumentstopurchase, to lease for the Corporation as tenant, or otherwise to acquire and hold, real estate and personal property; 2. To sign, execute, acknowledge and deliver all necessaryinstrumentstosell, release or exchange real estateandpersonalproperty; also to sign, execute, acknowledgeanddeliverinstrumentsterminatingormodifyingsuchleasesasmaynoworhereafterbeinforceandeffectwithrespecttolandsandtenementsoccupiedbytheCorporationastenant; 3. 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