HomeMy WebLinkAboutVAR96-1.pdfCITY OF DLAMOND �4
CODEMJNY Y DEVELOPMENT DEPARTMIENT DabRec'd
21660 E. Copley Drive Suite 190 Fee $
(909)396-5676 Fax (909)861-3117 Receipt#
VARIANCE APPLICATION 13y
1teccnrd O? mer
ZAPHP
Name -
(Last name first) �—
Address 1852g E._C ,. vmm-
City 11335try, CA
zip— 31748�_�.. _.
Phone( ) M-912-381.2
Applicant
ofammix
(Last name first)
Applicant's Agent
NOTE: It is iho upplicant's responsibility to notify the Commtmity Development Director in writing of any change
of the principals involved during the processing of this can.
(Attach scpatate sheet i if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and
directors of corporations.)
Consent: I iej*ly that I am the owner of the herein described property and permit the applicant to f e this
request.
Signed _ _ _ _ Date mac?
(All record owners)
Oxist=ie Smith, ManrP Q:ai So. CaL, Inc. as agate fcr TCEP H PcqRrties iWilt VHItKe
Certificadoi,, a, the undersigned, hereby certify underpenaby of perjury that the information herein provided is
correct to the hest ojmy knowledge.
Printed Name
Signed,-____
_
Location
between
(Applicant or Agent)
(Applicant or Agent)
T ,Street address or tract and lot number)
(street)
Zoning ____
Project Size (gross acres)
Previous Cases
Present Use of Site
Date
and
(Street)
HNM�_
Project Density
R..
Use applied for
•
E
"% JUN 18 P 2 :1 g
Variance Case No. 96-1 -Burden of Proof
Question A 1-3
The University of Phoenix is requesting one additional sign that is in total
compliance with all sign criteria for the area except for the restriction on multiple
signs for the same user on the same elevation. An additional sign in no way
adversely affects the health, peace, comfort or welfare of anyone in the area nor is
an additional sign detrimental to the use, enjoyment or valuation of any other
properties in the vicinity. Furthermore a sign that is in f ffl compliance with all
design criteria does not jeopardize, endanger of constitute any menace to public
health, safety or welfare.
Question B.
The building is constructed on lots 8 & 9 of Gateway Corporate Center, which was
approved for a total of 6 sign in designated locations in the original sign program.
The building currently has 3 signs in place and the proposed sign by the University
of Phoenix will replace one of these existing signs. There are no size or shape
restrictions which would preclude the proper installation of this sign.
Question C 1-2
The building was built in 1989 and all necessary improvements and facilities are in
place.
'96 JUN 18 n 2 :20
Question D.
The design of the building contains an offset of 12 feet on either end of the
building whereby the glass face of the building extends out 12 feet and blocks
visibility of the entrances to the building and visibility of approved sign locations.
This offset in essence creates a separate elevation with separate entrances on each
end of the building.
The University of Phoenix has two departments with different functions at each end
of the building and also occupies space on both the first and second floors of the
building. The additional sign is needed to direct visitors to the entrance closest to
the administrative offices on the south end. This entrance is not visible from the
north entrance due to the offset of the building.
Furthermore, the Owner of the building and the Gateway Corporate Center Sign
Plan do not allow signage on the other elevations of the building nor will they allow
signs on the glass section of the wall on the elevation facing Valley Vista Drive.
This fact prohibits the University of Phoenix from placing the additional sign on a
portion of the building that we occupy.
Therefore, because of the design limitations and the restrictions placed by the
Owner, the only means available to satisfy the sign requirements of the University
of Phoenix is to place an additional sign at the opposite side of the glass wall
section to ensure visibility from both ends of the parking lot. This is the only
location approved by both the building Owner and the Gateway Corporate Center
sign plan.
'96 ,SUN 18 P ? :20
Question E.
The University of Phoenix occupies nearly 35% of the building and attracts in
excess of 200 visitors per day. The additional sign will facilitate the flow of traffic
that may be restricted by the limitations that the design of the building places on the
visibility of the existing signs.
The existing sign that will be replaced (ReMax Realty) belongs to a former tenant of
the building that occupied the same space in the building that the University of
Phoenix presently has their administrative offices. This sign location has been
designated by the Owner to serve the offices on the east side of the building which
do not front on the west side, where all approved sign locations are designated.
The building to the north of the subject building at 1360 Valley Vista Drive has two
signs for the same occupant of that project, which is Bryan A. Stirrat & Associates.
These signs are located on two different elevations of the building, however the
building has a flat face and visibility from the same elevation is not a problem. As
stated in D above, the design of the subject building is such that two signs on the
same elevation are not necessarily visible from the driveway entrances to the
property thus creating difficulty for our visitors to find the appropriate entrance.
(question F.
The granting of a variance for an additional code compliant sign for the University
of Phoenix in a location that has been approved for a sign, on an elevation that is
set apart by a major structural offset and that is replacing an existing sign of a
former occupant of the building that may not be in compliance does not present any
detriment to the public welfare or is in any way injurious to other properties in the
lAcinigl. As stated above the building at 1360 Valley Vista Drive has two signs for
the same use and has not been deemed to be a detriment or injurious to others.
3., Are there any major trees on the site, including oak trees?
YES NO
If yes, type and number:/;-
4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?:
YES aN
If yes, explain:
5. Grading:
Will the project require grading? YES Cr)
If yes, how many cubic yards?
Will it be balanced on -site? YES NO
If not balanced, where will dirt be obtained or deposited?
6. Are there any identifiable landslides or other major geologic hazards on the property (including
uncompacted fill)?
YES CNO')
If yes, explain:
7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)?
YES CN:O�)
Distance to nearest fire station:
8. Noise:
Existing noise sources at site: l)
Noise to be generated by project:
Fumes:
Odors generated by project: �—
Could toxic fumes be generated? r /
9.. What energy -conserving designs or material will be used?
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Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
41
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177
(909) 860-2489 • Fax: (909) 861-3117
Internet: http://www.ci.diamond-bar.ca.us
Certified Mail
October 3, 1996
Mr. Robert McNichols
University of Phoenix
4615 E. Elwood
Phoenix, Arizonia 85072
Re: Variance No. 96-1 located at 1370 Valley Vista Drive,
Diamond Bar, CA 91765
Dear Mr. McNichols:
The referenced project was approved on October 1, 1996.
Enclosed is the approved certified resolution for your
records and Affidavit of Acceptance for the resolution.
Please sign the affidavit, have it notarized, and return it
to the Planning Division.
If you have any questions, please contact me at (909) 396-
5676.
q
'cerely,
J f/ Lugistan la ner
cc:
Trammell Crow
Recycled paper
v
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tern
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860-2489 • Fax: (909) 861-3117
Internet: hftp://www.ci.diamond-bar.ca.us
Certified Mail
October 3, 1996
Trammell Crow
18529 E. Gale Avenue
Industry, CA 91748
Re: Variance No. 96-1 located at 1370 Valley Vista Drive,
Diamond Bar, CA 91765
The referenced project was approved on October 1, 1996.
Enclosed is the approved certified resolution for your
records and Affidavit of Acceptance for the resolution.
Please sign the affidavit, have it notarized, and return it
to the Planning Division.
If you have any questions, please contact.me at (909) 396-
5676.
sincerely,
n J u
Assista P ranner
cc:
University of Phoenix
Recycled paper
06
September 17, 1996
Mr. Don Schad
Planning Commission
City of Diamond Bar
21660 Fast Copley Drive
Diamond Bar, CA 91765
Dear Don;
m you arc aware, the City Council in their meeting tonight, overturned a denial of
variance recomniend::d by the Planning Corntnissiots re:Tha `t nivcrsity of Phoenix
request for additional sin�rrfic.
They did so in spite. of thi presentation of facts made by the Stan of the City of Diamond
Bar. Some of thc;ir re.asorL-i for dosn; so were, as tollorv,:
From one Council XLmber... l really think the axistin� sign ordin n" is vagw; oil thus
subject and is very hard to understand. (The: existing sign ordinance was part of an 18
ECIIpS@ month project cnacwd 5 years ago :aid was approved by the Council :vicmGcr nutking the;
Information 'mTet''cnt), from another.... I really don't think it makes much ellMicncer if we have
another sign on the building. and still another..._ Shouldn't they o; ; �xmpt from
.��y St@f1'iS regulations since they arc a t,lnicetsity�'?
First let me point out, the'Univei ity of Phocni\ lots approlimaWly 1000 students, a
handful of w hi;;h residc; in Diamond Bar. They contribute nothing to our revers—cie Gas.,
and they expect and trill receiva all tfre safety and h;altl-L that, all, withir, tha
City boundaries, would rcquirc. �Itd the City will foot the bill.
1859 Morning Canyon Road
In the Planning Commission he:ttings, staff mach:; a complete and prokssioval
presentation and provided r;xt;Cllent pouus quid rufurcnces in illustrating the read for
careful consideration in our discussion of appro+,:al or denial of the raquCAWd vaiian(;Z..
Diamond Bar, CA 91765 Their expenl.ie and int;Tpr:.tatiows of the 4*,istirtg si rgc requirements allowed as to
make a Pair and aduluate decision. '11c applicant's whole purpose for requesting the
eucption appe arcd to hinge on th;; fact that their students, college level, were not
intelligent enoti,b to know where the 'Unir:crsity Was located. Wul :as a Commission, arc
Tel: (909) 620-2887 bound to approve a variance haled on the hardship that would be iniposW *opon the
applicant if the relief regLwstt d was not available;. .
Evidently the City Council does. not feel that the guidance of pr4tssional Aaffinembr;rg
runstituttcs a reason for upholding a recornmend.ation from ilia Planning C`ommiSSion. A?e
171a) 3Zs-18°s as Commit40nzc3 ltay.,:, diit}' te, maintain the iris mtS' of the existing ordimanci;s and W
not mak-c exception with the sea tment "its no bi- deal".
Fax: (909) 396-0111
I would appreciate your tltnuglrts on the above.
Yours very truly.
Alike Goldi;nb,:rg
CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present.,
the data and information required for this initial evaluation to the best of my ability, and
that the facts, statements, d information presented are true and correct to the best of
may know edge I
P"Kjj4Mjjjjj
711- —PWfbe. )MzU 141944 NMI 9406941
ate W'PwV W- 'w - &5Aure
For: UNIVERSITY OF PHOENIX
Apollo Development Corporation
Apollo Press
Institute for Professional Development
University of Phoenix, Inc.
Western International University
September 11, 1996
Mayor Eileen R. Ansari
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765-4177
Re: Transcript of Planning Commission - University of Phoenix variance
Dear Mayor Ansari:
Thank you for taking time from your busy schedule to meet with Bob Burney and myself
concerning the variance request for an additional sign for the University of Phoenix campus in
Diamond Bar.
As we discussed, enclosed is a revised copy of the transcript of the Planning Commission
meeting of July 22, 1996. You may distribute copies to the other City Council members as you
deem necessary. We will contact you to make an appointment to review this issue prior to the
September 17 Council Meeting.
Thank you again for your time and we look forward to a mutually satisfactory resolution to the
variance question.
Sincerely,
Robert M. McNichols, President
APOLLO DEVELOPMENT CORPORATION
Enclosure: 1 Transcript
cc: Bob Burney
APOLLO GROUP, INC., 4615 East Elwood Street P.O. Box 52069 Phoenix, Arizona 85072-2069 602 966-5394 Fax 602 929-7386
�O � " . ARAN
-; ££
bpi.,. ;lR JRRO�f..J'�.§S`(13 'NAL CORPORATION
16530 VENTURA BOULEVARD
SUITE11204
'96 J���&VvI 617ZIORNIA 91436
TEL (818) 995-1663 • FAX (818) 995-1805
August 23, 1996
Mr. Jim DeStefano, Community Development Director
City of Diamond Bar
21660 Copley Drive, Suite 190
Diamond Bar, CA 91765
Re: Request for Extension of Hearing on Appeal/University of Phoenix
Dear Mr. DeStefano:
Following our recent conversation concerning the above -referenced appeal, I checked with
University officials and discovered that the University's primary witness is traveling on business for
the University on September 3, 1996 and will not be available that entire week.
He has been away already, more than a week, and cannot possibly return in time to testify.
His testimony is essential to the University's presentation.
You and I discussed during our recent conversation the possibility of continuing the current
hearing from September 3 to the next available date, which I believe you indicated to me was
September 17. You confirmed you would have no objection for such an extension.
After discussion today with Marilyn Ortiz, I write this letter to request an extension to
September 17, 1996 or other date at or near that time to enable University officials to be present and
testify.
Please advise at your earliest opportunity.
Very truly yours,
ROBERT M. ARAN
RMA/ams
cc: Mayor Eileen Ansari & Council Members
City Clerk, Lynda Burgess
University of Phoenix
i
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
s
City of 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
Certified Mail
July 23, 1996
Mr. Robert McNichols
University of Phoenix
4615 E. Elwood
Phoenix, Arizonia 85072
Re: Variance No. 96-1 located at 1370 Valley Vista Drive,
Diamond Bar, CA 91765
Dear Mr. McNichols:
The above mentioned project was denied on July 22, 1996.
Enclosed is the approved certified resolution for your
records.
If you have any questions, please contact me at (909) 396-
5676.
Sincerely,
an J . � g P7'��
Assistant
Planner
0
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tern
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
City of 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
Certified Mail
July 23, 1996
Trammell Crow
18529 E. Gale Avenue
Industry, CA 91748
Re: Variance No. 96-1 located at 1370 Valley Vista Drive,
Diamond Bar, CA 91765
The above mentioned project was denied on July 22, 1996.
Enclosed is the approved certified resolution for your
records.
If you have any questions, please contact me at (909) 396-
5676.
S' cerely,
Ann J. 5LU?
Assistant Planner
cc:
University of Phoenix
Damon
1765-4177
ae 100
Diamond Rar' CA 9
21660 E• Copley rive, Sup 86 13117
Fax. (909) • ona bar.ca.us
(949) 860'2489ci,diam
Intern
et: http'�r'W�
June 51 1996
a Mitchell
Ms • Mar vices Dr ive
GIS 5120 CO Pa k� Cp' g1�02
dw in 1 for
Bal ce No • 96 valley
Re: located at 1370
Dear
This
today
is a
Eileen R. Ansari
Mayor
Robed S, Huff
Mayor Pro'Tern
Clair W • Harmony
Council Member
Carol Herrera
Council Member
Gary H• Werner
Council Mernber
iX signage
phoen CA
'university of
Diamond Bar
Vista
conversati ng
f lrm our poh ene The f o13-owl
Ms • i5 to con er enced ab ed .
ce ec ref cuss dinance
corn ns
di q the proe ncerns d`ls ty� s sign or shall
hln
re teratlon °f th inane • .T a) ss
Busln building wlt and
re s Sign Or£ollowin, tions of or conduct rs that
1•
City lires the those P°r located St appeaan are;
req mited to ine55 3's er wal tion is in
occupy
be . S-adh bsi9n per • osI s loca x does n° ould he]
wh one wall wall sl of phoeni scaler w cat t,
e5
dl
the P the° Uri v or plan' acati cation t -real
it es t t
that a flu e apple The . Y r°A th e
Ivere fY tills rie o ter wail' for relief f
sign for Variance reques osed is a c
the ied
t me is • proof •'Proof s b ;ttare
req onlB,rden °Widen of �� and ��the spE
APpli�at,,Ojer_ BQuestion specify . tics
2• tills P tion. please acte or r
the applicaaequatelY - tional c ration to r
answer stance or o oq aphY pplicabcenter •
ci Zeum sil t gener aYyCorP . -necessary 5
ings) not.
Gat v riance licant15 by PI
ropertie ow this the av- ossessed an(
eYTI-aln Lion of is P vicinity a
reserva right will° r°7ecti s variancemaa
p t is P a be
-prop
ro er within State l findings Stant1atE
pur suant that ceto rta' should 5f the f it
re(I s of inclosed is a copy
B endings - E
Mitchell:
I
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
City of 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
June 5, 1996
Ms. Maria Mitchell
GIS Services
5120 Commerce Drive
Baldwin Park, CA 91702
Re: Variance No. 96-1 for University of Phoenix signage
located at 1370 Valley Vista Drive, Diamond Bar, CA
Dear Ms. Mitchell:
This correspondence is to confirm our phone conversation
today regarding the project referenced above. The following
is a reiteration of the concerns discussed.
1. City's Sign Ordinance. The City's sign ordinance
requires the following: a) Business signs shall
be limited to those portions of a building within
which such business is located or conducted; and
b) one wall sign per outer wall. It appears that
the proposed wall sign's location is in an area
that the University of Phoenix does not occupy.
However, a floor plan, drawn to scale, would help
verify this. The application also indicates two
sign for one outer wall. The City realizes that
the variance request is for relief from these two
requirements.
2. Application/Burden of Proof. Enclosed is a copy
of this project's Burden of Proof submitted with
the application. Question "D" and "E" are not
.answered adequately. Please specify the special
circumstance or exceptional characteristics (i.e.
size, shape, topography, location or surround-
ings), not generally applicable to other
properties in Gateway Corporate Center. Also,
explain how this variance is necessary for the
preservation of the applicant's substantial
property right which is possessed by property
owners within this project's vicinity and zone.
Pursuant to State law, a Variance approval
requires that certain findings to be made. The
Burden of Proof should substantiate these
findings. Enclosed is a copy of the findings.
Recycled paper
0
3. Initial Study Questionaire/Environmental
Information. A copy of this portion of the
application is enclosed. Question 1115" states
the number of employees is 200. Please clarify.
Question 1117" states hours of operation are 8:00
a.m. to 9:00 p.m. What are the days of
operation?
4. Plans. The plans do not indicate the building
frontage (in lineal feet) occupied by the
University of Phoenix. This measurement is
required because sign face area calculations are
based on lineal feet of those portions of a
building within which such business is located or
conducted.
S. Colors/Materials Board. Please submit a colors/
materials board (size 82" X 1111) for the proposed
sign.
6. Gateway Corporate Center Architectural Approval.
An approval sent to the City dated February 15,
1996 indicates the sign's dimensions are 9k
inches high by 20 feet long. The plan delineates
the sign's dimensions as 19k inches by 20 feet
long. Please clarify.
As stated in our phone conversation, as the application
stands today, staff could not recommend Variance approval to
the Planning Commission. Recommending approval would con-
stitute a grant of special privilege.
If the applicant desires to continue processing this
Variance application, the above mentioned concerns must be
addressed.
Please do not hesitate to call for assistance. I can be
reached at (909) 396-5676.
Sincerely,
A J. u
Assistant Planner
cc:
Robert McNichols, Apollo Development/University of Phoenix
Christie Smite, TCEP II Properties Joint Ventures
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VARIANCE &E-BURDEN OF PROOF
kn addition to the information required in the application, the applicant shall substantiate to the satisfaction of the
Planning Commission, the following facts:
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare or 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.
AN ADDITIONAL SIGNAGE WILL NOT ADVERSELY AFFECT THE HEALTH,.
PEACE, COMFORT OR WELFARE OF PERSONS RESIDING OR WORKING IN
THE SURROUNDING AREA, OR WILL BE DETRIMENTAL TO THE USE,
ENJOYMENT OR VALUATION OF PROPERTY OR OTHER PERSONS LOCATED IN
THE VICINITY OF THE SITE, NOR WILL IT JEOPARDIZE, ENDANGER OR
OTHERWISE CONSTITUTE A MENACE TO THE PUBLIC HEALTH, SAFETY OR
GENERAL WELFARE.
B. That the proposed site is adequate in size and shape to accommodate 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.
THE EXISTING SITE.IS ADEQUATE IN SIZE AND SHAPE.
C. That the proposed site is adequately served:
1. By highways or streets of sufficient width and improved as necessary to carry the kind and
quantity of traffic such use would generate, and
2. By other public or private service facilities as are required.
THE EXISTING SITE IS ADEQUATELY SERVED BY HIGHWAYS OR STREETS
OF SUFFICIENT WIDTH AND BY OTHER PUBLIC AND PRIVATE SERVICE
FACILITIES AS ARE REQUIRED.
That there are special circumstances or exceptional characteristics applicable to the property involved, such
as size, shape, topography, location or surroundings, which are not generally applicable to other properties
in the same vicinity and under identical zoning classification.
THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY
INVOLVED.
�v
That such variance is necessary fbT& preservation of a substantial property right aLthe applicant such
as that possessed by owners of othRipoperty in the same vicinity and zone.
SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION OF A
SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT.
F. That the granting of the variance will not be materially detrimental to the public welfare or be injurious
to other property or improvements in the same vicinity and zone.
THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO
THE PUBLIC WELFARE OR BE INJURIOUS TO OTHER PROPERTY OR
IMPROVEMENTS IN THE SAME VICINITY AND ZONE.
20. Do your operations require any pressurized tanks?
YES NO
0 0
If yes, explain
21. Identify any flammable, reactive or explosive materials to be located on -site.
22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway?.
YES CNO;1
If yes, explain
g4 aA
G V 0�
41
coo
(5
a.. LO
The University of Phoenix, Inc.
Institute for Professional Development, Inc.
Apollo Development Corporation
AFOLLO Apollo Press, Inc.
February 28, 1996
.,
rn
Mr. James Desteffano
City of Diamond Bar,
Director of Planning & Safetyn ='
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Dear Mr. Desteffano:
It is our desire to avoid the cumbersome and time consuming process of obtaining a variance for
a sign permit for the University of Phoenix at 1370 Valley Vista Drive in Diamond Bar therefore,
we are requesting an administrative review of the situation to determine if a solution is available
which would be satisfactory to the City and the University.
As we understand the position of the Planning Department, a sign permit is not being issued
because: 1) the current sign code only allows one sign per multi -use commercial building, and
2) the current sign code allows only one sign "per use per outer wall".
Please consider the following information with regards to the aforementioned multi -use
limitation:
The University of Phoenix has been a tenant in the building at 1370 Valley Vista Drive,
which is on lots 8 & 9 of Gateway Corporate Center, since January 1991. As indicated in
the attached letter from Diamond Bar Business Associates dated August 10, 1989, the
original developer of this building, Cabot Cabot & Forbes, received approval for six signs
on the building. The stipulation being that each sign could be a maximum of 20 feet long
and 3 feet high. The attached Exhibit H-1 indicates the six approved locations for signs
on this building and shows the location of the existing University of Phoenix sign.
2. The following signs are presently installed on the building; the north sign for the
University of Phoenix, a sign for Kleinfelder (another current tenant), and a sign of
Remax a former tenant who vacated the building in 1994 but left their sign. The Remax
sign is non -conforming because it exceeds the 3 foot high limitation of the approved sign
plan. The University of Phoenix is proposing to remove the Remax sign and replace it
with a University of Phoenix sign identical to our original sign and in full compliance
with the size restrictions of the Gateway Corporate Center approved sign plan.
APOLLO GROUP, INC. 4615 East Elwood Street P.O. Box 52069 Phoenix, Arizona85072-2069 602966-5394
3. Trammell Crow, the owner of the building, has granted permission for the University of
Phoenix to remove the non -conforming Remax sign and to install the University of
Phoenix sign in the Remax location by the Fourth Amendment to its Lease dated July 19,
1995.
4. The Architectural Committee for the Gateway Corporate Center has also indicated its
approval of the additional sign for the University of Phoenix as indicated in the enclosed
letter from Sandy Kopelow of Zelman Development.
5. There are several other buildings in the Gateway Corporate Center which have existing
multiple tenant signs and duplicate signs for individual tenants. The buildings I am
referencing to are located at 1330, 1350 and 1360 Valley Vista Drive. Please refer to the
attached photos.
Based on the foregoing information it appears that we are not requesting any new precedent since
this building has been approved for multiple signs since it was built in 1989, and we will be
removing the existing non -conforming sign and replace it with one that conforms to the approved
sign plan.
In addressing the need for an additional sign for the University of Phoenix, please consider the
following information:
1. The University of Phoenix occupies 28,259 square feet of the 84,081 square foot
building, which is 33.6% of the total building. The Landlord an allocation of signage for
the University which represents one third of the total signage in the building's approved
sign plan.
2. The building is designed with four separate and distinct entrances which provide front
and rear access to each of the north and south wings of the building. The University of
Phoenix occupies space in the extreme south portion of the center section of the ground
floor as well as nearly the entire north half of the second floor. These areas are separate,
both physically and functionally, as the southern most ground floor space is the location
of administrative offices for the University and is usually the first contact for new
visitors to this location. The administrative office area would be identified with the new
sign that we are requesting. The remainder of the area occupied by the University in the
northern section of the first and second floors contains the student resource center and
most of the vocational rooms. There is clearly a need for both signs to help direct
pedestrian and vehicular traffic flow to the appropriate entrance and reduce the confusion
of the new or occasional visitor. Please refer to the attached floor plan and photos.
3. During the past several years as a tenant in this building, all of our offices and vocational
room space was located in the north end of the building. Since our expansion of
administrative offices to the south end in 1994 and since our expansion of area in the
north wing of the building in late 1995, we have realized the need for additional
directional signage to refer a visitor approaching the building from the south who cannot
see the existing University of Phoenix sign on the north until they are past the south
entrance. A sign above the south building entrance would allow our staff to direct first
time visitors to the administrative offices and assist them in parking at the most
convenient entrance.
The University of Phoenix proceeded with plans for an additional sign for this location based on
the following factors.
1. The practical and functional need for additional signage to improve the traffic flow of the
visitors to the building.
2. The Landlord granted approval based on the level of occupancy of the building by its
major tenant.
3. The University of Phoenix, the Landlord and the sign manufacturer were all proceeding
on the basis that the sign was in compliance with the existing sign plan for the building
and with Gateway Corporate Center design guidelines, and preliminary review and
approval had been given by City of Diamond Bar staff.
In light the foregoing information and effort to avoid any unnecessary delay, we request that the
application for the sign permit for the additional sign be approved. If there is an applicable
supplemental administrative review fee, the University of Phoenix will pay these costs as part of
the permitting process.
Should you have any questions or wish to further discuss this request or other information
contained in this letter, I would be happy to meet with you in person or by telephone at your
convenience. Please do not hesitate to call.
APOLLO DEVELOPMENT CORPORATION
RMM\bb
GATEWAY CORPORATE CENTER ASSOCIATION
1661 HANOVER ROAD • CITY OF INDUSTRY, CALIFORNIA 91748 • FAX (818) 913-6169 • TELEPHONE (818) 913-0030
February 15, 1996
Mr. Bob Burney
MANAGEMENT CONSULTANT
12120 North Seventy -Sixth Place
Scottsdale, Arizona 85260
RE: ARCHITECTURAL COMMITTEE REVIEW
EXTERIOR BUILDING SIGNAGE
UNIVERSITY OF PHOENIX
1370 SOUTH VALLEY VISTA DRIVE
DIAMOND BAR, CALIFORNIA
Dear Mr. Burney:
via fax (602) 443-0758
and regular mail
The Architectural Committee has received an 81/2" x 14" sign drawing, prepared by
"FLuORESCO% dated November 22, 1995, submitted for review and approval for
conformance with the Gateway Corporate Center Design Guidelines.
The sign consists of the words "UNIVERSITY OF PHOENIX" on one line 91/2 inches high x 20
feet long, constructed of black aluminum reverse pan channel letters with white neon "halo"
internal illumination.
The proposed sign will be identical to the existing University of Phoenix sign,and thus the
University of Phoenix will have two of the six signs permitted for this building in our sign
interpretation letter of August 10, 1989.
The Architectural Committee approves the sign as submitted. Please obtain approval from
the City of Diamond Bar and the building owner, Trammel Crow Realty Advisors, prior
to installation. Enclosed are two approved stamped copies of the sign drawing, dated
February 14, 1996.
Very truly yours,
THE ARCHITEC
AaWrcKorD616w, A.I.A., Member
cc: Ben Reiling
Byron Ptnrlr—t
0
The City Council shall:
r
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Robert McNichols,
University of Phoenix, 4615 E. Elwood, Phoenix, Az
85072 and Trammell Crow, 18529 E. Gale Avenue,
Industry, CA 91748.
PASSED, ADOPTED AND APPROVED this 1st day of October, 1996
X
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was"passed, adopted and approved
at a regular meeting of the City Council of the City of Diamond -Bar
held on the 1st day of October, 1996, by the following vote:
AYES: COUNCIL MEMBERS Werner, MPT/Huff, M/Ansari
NOES: COUNCIL MEMBERS Harmony, Herrera
ABSENT: COUNCIL MEMBERS None
ABSTAINED: COUNCIL MEMBERS None
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 1 96
CITY OF DIAMOND BAR
1. LYNDA BURGESS, CITY CLERK OF THE CITY
OF DIAMOND BAR, DO HEREBY CERTIFY UNDER
pErtiALTY OF PERJURY UNDER THE LAWS OF THE
ST AI-F.. OF C:ALIFORNJA 1-11E FORGOING TO BE .A
'J'RUE AND CORPECT COPY OF THE
pR';(3VAL AS SAME AI'PF.!,RS ON FILE IN MY
i]i�i''zC:L•
Wr)NESS IidNEREO ,.1 HAVE HEREUNTO SET
h3Y 'r1A` I) AND AFFIXED T�i� �F�L OF THE CITY
G i)IA O ' Ait, TIiiS----- DAY
Ol , 19 0
LYNDA BURGESS, CITY CLERK
BY—
Demdy
Attest
Ci y Clerk of the
City .of Diamond Bar
5
96-70
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 1, 1996 REPORT DATE: September 22, 1996
FROM: James DeStefano, Community Development Director
TITLE: Resolution No. 9,6-XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REVERSING THE PLANNING COMMISSION'S DECISION OF
DENIAL AND APPROVING VARIANCE NO. 96-1, A REQUEST TO INSTALL A SECOND
WALL SIGN ON THE NORTHERLY FACADE OF AN EXISTING COMMERCIAL OFFICE
BUILDING LOCATED WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY
VISTA DRIVE, DIAMOND BAR, CALIFORNIA.
SUMMARY: The applicant, University of Phoenix, requested a variance from the
City's Sign Ordinance to install a second wall sign on the northerly facade of a
commercial building. On September 17, 1996, the City Council conducted and
concluded a public hearing on this matter. At the September 17, 1996 hearing,
the City Council directed staff to prepare a resolution approving Variance No. 96-1.
RECOMMENDATION: It is recommended that the City Council adopt Resolution
96-XX.
LIST OF ATTACHMENTS: Staff Report Public Hearing Notification
X Resolution(s) Bid Specification (on file in City
Ordinance(s) Clerk's office)
Agreement(s) Other:
EXTERNAL DISTRIBUTION: N/A
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been
X Yes
_ No
reviewed by the City Attorney?
2.
Does the report require a majority vote?
X Yes
_ No
3.
Has environmental impact been assessed?
X Yes
_ No
4.
Has the report been reviewed by a Commission?
Yes
X No
Which Commission?
5.
Are other departments affected by the report?
Yes
X No
Report discussed with the following affected departments:
REVIEWED BY: DEPARTMENT HEAD:
C
errence L. Belang r Frank M. Usher JJAes DeStefano
City Manager Assistant City Manager Community Develo ment Director
CITY COUNCIL
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE'CITY
OF DIAMOND BAR REVERSING THE PLANNING
COMMISSION'S DECISION OF DENIAL AND APPROVING
VARIANCE NO. 96-1, A REQUEST TO INSTALL A
SECOND WALL SIGN ON THE NORTHERLY FACADE OF AN
EXISTING COMMERCIAL OFFICE BUILDING LOCATED
WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY
VISTA DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The applicant, University of Phoenix, has filed an
application appealing the Planning Commission's denial of
Variance No. 96-1 located within Gateway Corporate Center
at 1370 Valley Vista Drive, Diamond Bar, Los Angeles
County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the
subject Variance shall be referred to as the "Applica-
tion".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
July 22, 1996 conducted a duly noticed public hearing on
the Application. At that time, the Commission denied the
applicant's request for a second wall sign.
5. On July 25, 1996, the applicant filed an appeal
requesting the City Council's consideration of the
Variance request.
6. The City Council of the City of Diamond Bar on September
3, 1996 conducted a duly noticed public hearing on the
Application. Due to the applicant's request, the public
1
B.
0
hearing was continued to September 17, 1996 and concluded
on September 17, 1996.
7. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on August 13, 1996.
Twenty-five property owners within a 500 foot radius of
the project site were notified by mail on August 12,
1996.
Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
City Council of the City of Diamond Bar as follows:
1. The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. The City Council hereby determines that the project
identified above in this Resolution is categorically
exempt from the requirements of the California
Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15311 (a) of
Article 19 of Chapter 3, Title 14 of the California Code
of Regulations.
3. Based on the findings and conclusions set forth herein,
this City Council hereby finds as follows:
(a) The project relates to a 5.94 gross acre site
developed with an 84,000 square foot, two story,
multi -tenant commercial office building. The
project site is located within Gateway Corporate
Center at 1370 Valley Vista Drive, Diamond Bar,
California.
(b) The project involves the removal of the existing
ReMax wall sign and the installation of a 32.5
square foot University of Phoenix wall sign.
(c) The project site is zoned Commercial -Manufacturing -
Billboard Exclusion -Unilateral Contract (C-M-BE-
U/C). It has a General Plan land use designation of
Professional Office (OP).
(d) Generally, the following zones and uses surround the
project site: to the north is the Orange (57) and
Pomona (60) Freeway interchange; to the south and
east is the C-M-BE-U/C Zone; and to the west is the
Orange Freeway and the C-M-BE-U/C Zone.
(e) There are special circumstances or exceptional
characteristics applicable to the property such as
size, shape, topography, location or surroundings
which are not generally applicable to other
properties in the vicinity and under identical
zoning classification.
I
0 0
The proposed wall sign will be located on the
northerly facade of a commercial office building.
The office building has a lineal frontage of 432,
feet and setback approximately 99.83 feet for the
public right-of-way. It's designed in a manner that
creates a facade with varying planes, thereby giving
the appearance of separate elevation. The varying
planes, excessive lineal frontage and substantial
setback impedes the view of the building's main
entrances and the existing University of Phoenix
wall sign when traveling northeast on Valley Vista
Drive. The referenced special circumstances and
exceptional site and building characteristics are
not generally applicable to other properties in the
vicinity and under identical zoning.
(f) The Variance is necessary for the preservation of a
substantial property right of the applicant such as
possessed by owners of other properties in the same
vicinity and zone.
Pursuant to the Sign Ordinance, Gateway Corporate
Center Guidelines and Gateway Corporate Center
Unilateral Contract, the applicant has the right to
install signage that gives visitors clear direction
to and on the project site. However, the building's
design interferes with the right to have visible
signs, a right enjoyed by owners and tenants of
commercial office buildings in the same vicinity and -
zone. The granting of the Variance preserves and
ensures this right.
(g) The strict application of zoning regulations
including the City's Sign Ordinance, as they apply
to the property, will result in practical diffi-
culties or unnecessary hardships inconsistent with
the general purpose of such regulations and
standards.
In this case, the strict literal interpretation of
the City's Sign Ordinance would result in practical
difficulties because without adequate signage,
visitors will have difficulties finding the project
site which would be in conflict with the purpose of
the City's Sign Ordinance.
(h) The granting of the Variance will not be materially
detrimental to the public health, safety, or general
welfare, or injurious to other property in the same
vicinity and zone.
The proposed wall sign will facilitate vehicular and
pedestrian traffic as visitors to the project site
seek direction to the building area occupied by the
applicant, thereby decreasing confusion when
approaching and on the site.
4.
Based upon the findings and conclusions set forth above,
the City Council hereby reverses the Planning
3
• 9
Commission's decision of denial and approves this
Application subject to the following conditions:
(a) The project shall substantially conform to site
plan, elevation and colors/materials board
collectively labeled as Exhibit "A" dated October 1,
1996, as submitted to and approved by the City
council.
(b) The subject site shall be maintained in a condition
which is free of debris both during and after the
construction, addition, or implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted
waste contractor, who has been authorized by the
City to provide collection, transportation, and
disposal of solid waste from residential,
commercial, construction and industrial areas within
the City. It shall be the applicant's obligation to
ensure that the waste contractor utilized has
obtained permits from the City of Diamond Bar to
provide such services.
(c) The wall sign shall comply with the Gateway
Corporate Center's guidelines and the standards
setforth within the Gateway Corporate Center's
Unilateral Contract.
(d) Any surface irregularities as a result of the
removal and installation of any signs shall be
repaired (i.e. filing of holes, resurfacing and
painting to match existing building's finish).
(e) The applicant shall comply with the requirements of
the City's Planning and Zoning and Building and
Safety Divisions and the Public Works Department.
(f) This grant shall be valid for one (1) year and shall
be exercised (i.e. construction shall be commenced)
within that period or this grant shall expire.
(g) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and accept all the conditions of this
grant. Further, this grant shall not be effective
until the permittee pays all remaining City
processing fees.
4
i
to 9
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Robert McNichols,
University of Phoenix, 4615 E. Elwood, Phoenix, Az
85032 and Trammell Crow, 18529 E. Gale Avenue,
Industry, CA 91748.
PASSED, ADOPTED AND APPROVED this 1st day of October, 1996
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, adopted and approved
at a regular meeting of the City Council'of the City of Diamond Bar
held on the 1st day of October, 1996, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Attest:
City Clerk of the
City of Diamond Bar
5
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: September 17, 1996 REPORT DATE: August 6, 1996
FROM: James DeStefano, Community Development Director
TITLE: Appeal of the Planning Commission's denial of Variance No. 96-1
SUMMARY: The applicant, University of Phoenix, is requesting a variance from the City's Sign Ordinance
Section 110. D. 1. in order to install a second wall sign on the northerly facade of a commercial building
located at 1370 Valley Vista Drive. On July 22, 1996, the Planning Commission denied the applicant's
request. The applicant is appealing the Commission's decision to the City Council. Originally, the City
Council public hearing was scheduled for September 3, 1996. Due to the applicant's request, the public
hearing was continued to September 17, 1996.
RECOMMENDATION: It is recommended that the City Council sustain the Planning Commission's decision.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinances(s)
Agreement(s)
Other
EXTERNAL DISTRIBUTION: N/A
_ Public Hearing Notification
— Bid Specification (on file in City Clerk's Office)
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
X Yes _ No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
X Yes _ No
4.
Has the report been reviewed by a Commission?
X Yes _ No
Which Commission?
5.
Are other departments affected by the report?
_ Yes X No
Report discussed with the following affected departments:
REVID Y:
Terren L. Belange rank . Usher es DeStefano
City Manager Assistant City Manager Community Devel pment Director
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Robert McNichols,
University of Phoenix, 4615 E. Elwood, Phoenix, Az
85072 and Trammell Crow, 18529 E. Gale Avenue,
Industry, CA 91748.
PASSED, ADOPTED AND APPROVED this ist day of October, 1996
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, adopted and approved
at a regular meeting of the City Council of the City of Diamond -Bar
held on the 1st day of October, 1996, by the following vote:
AYES: COUNCIL MEMBERS Werner, MPT/Huff, M/Ansari.
NOES: COUNCIL MEMBERS Harmony, Herrera
ABSENT: COUNCIL MEMBERS None
ABSTAINED: COUNCIL MEMBERS None
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 96
CITY OF DIAMOND BAR
I, LYNDA BURGESS, CITY CLERK OF THE CITY
OF DIAMOND BAR, DO HEREBY CERTIFY UNDER
?FNAI;TY OF PERJURY UNDER THE LAWS OF'THE
SVATF. OF CALIFORNIA TIIE FORGOING TO BE A
FULL, 'TRUE AND CORRFCT COPY OF THE
01X{ :INAL AS SAME APPw.wRS ON FILE IN_MY
I`i 13'I'P tiI:SS ;N l'i',R1E0 �,• i HAVE HEREUNTO SET
NjY HAND AND AFFIXED Tic -• / y�FAL OF THE CITY
O DIr 0 AH TiIIS �L—.— DAY
OF —
LYNDA BURGESS, CITY CLERK
BY
Deifatty.
Attest
Ci y Clerk o �the�
City of Diamond Bar
5
96-70
CITY
FLNG., FLOG.,
� Universi y of
Phoenix
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SIGNAL JET BLACK
41-306
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: September 17, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Appeal of the Planning Commission's denial of Variance No.
96-1
ISSUE STATEMENT: Shall the City Council sustain the Planning
Commission's Variance denial for a second wall sign?
RECOMMENDATION: It is recommended that the City Council sustain the
Planning Commission's decision.
FINANCIAL STATEMENT: N/A
SUMMARY: The applicant, University of Phoenix, is requesting a
variance from the City's Sign Ordinance Section 110. D. 1.
in order to install a second wall sign on the northerly
facade of a commercial building located at 1370 Valley
Vista Drive. On July 22, 1996, the Planning Commission
denied the applicant's request. The applicant is appeal-
ing the Commission's decision to the City Council.
Originally, the City Council public hearing was scheduled
for September 3, 1996. Due to the applicant's request,
the public hearing was continued to September 17, 1996.
BACKGROUND:
The project site is located at 1370 Valley Vista Drive within a
commercial development identified as Gateway Corporate Center. It has a
General Plan land use designation of Professional Office (OP). It is
within the Commercial -Manufacturing -Billboard Exclusion -Unilateral
Contract (C-M-BE-U/C) Zone. Generally, the following zones and uses
surround the project site: to the north is the Orange (57) and Pomona
(60) Freeway interchange; to the south and east is the C-M-BE-U/C Zone;
and to the west is the Orange Freeway and the C-M-BE-U/C Zone.
The project site is approximately 5.94 gross acres. It is developed with
An 84,000 square foot, two story, multi -tenant commercial office
1 •
building. The buildingresently contains seven tenants. The University
of Phoenix occupies portions of the first and second floors (see Exhibit
"A") which equals 33.6% of the building. The occupied space is utilized
for administrative office, book store, resource center, vocational rooms
and classrooms.
Currently, the University of Phoenix has one wall sign (located on the
building's northerly facing facade) with a 32.5 square foot sign face
area. The City permitted this sign in September 1990. Two other wall
signs exist (Kleinfelder and ReMax) on the northerly facade.
ANALYSIS:
The City's Sign Ordinance (adopted 1991) permits wall signs for
individual uses by the following standards:
1. Wall Signs For Multi -Use Buildings or Commercial Centers. The
maximum area is 1.25 square feet per one lineal foot of
frontage, to a maximum 125 square feet per street level uses.
For uses not located at street level which are visible from the
street, courtyard, or public parking area, the maximum area is
one (1) square foot per one lineal foot of frontage per use, to
a maximum of 125 square foot. The maximum number is one per
outer wall per use. 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 the Planning Commission's review
and approval;
2. Location of Wall Signs. Business signs shall be limited to
those portions of a building within which such business is
located or conducted;
According to the Sign Ordinance's referenced standards, the applicant is
allowed one wall sign, per outer wall, located on a portion of the
building which it occupies. Currently, the applicant's existing wall
sign complies with the City's Sign Ordinance. However, the applicant's
request for a second wall sign, 32.5 square feet, to be located
approximately 27 feet above ground level on the northerly facade and
matching the existing wall sign, deviates from the Sign Ordinance's
standards referenced above in items 1. and 2. As such, the second wall
sign's installation requires a Variance approval by the Planning
Commission.
The subject building's frontage facing Valley Vista Drive is approx-
imately 432 lineal feet with two recessed entrances separated by 24
lineal feet of a glass block projection. Additionally, the project site
has two points of ingress and egress, approximately 444 feet apart,
adjacent to Valley Vista Drive. The applicant believes that this
building's design, which creates a 12 foot deep glass block projection
(on the northerly facade), impedes visibility to the building's entrances
and the existing wall sign. The applicant feels that this project
creates separate elevations, with separate entrances for each end of the
building. Furthermore, the applicant states that the University of
Phoenix has two departments with different functions at each end of the
building. The resource center is at the building's east end where the
existing wall sign is located. Classrooms are in the middle of the
building. Administrative offices are at the building's west end.
Therefore, the applicant feels a second wall sign is needed to direct
visitors to the administrative office's closest entrance on the
building's west end. 4#e applicant also states that the property owner
will not allow wall signs on the building's other facades. Therefore,
because of the property owner's restrictions and according to the
applicant, the building's design limitations, the only means available to
satisfy the University of Phoenix's sign requirements is to place a
second wall sign in the proposed location ensuring visibility from both
ends of the parking lot. The applicant feels that the second wall sign
will facility traffic flow restricted by the building's design.
The Variance procedures is established to permit modification of
development standards as they apply to particular uses when practical
difficulties, unnecessary hardships, or results inconsistent with the
general purposes of the City's Planning and Zoning Code develop through
the strict literal interpretation and enforcement of Code. A Variance
may be granted to permit the modification of several development
standards including signs.
Pursuant to the City's Sign Ordinance, building frontage is defined as
"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 permitted signage." This definition does not make a
distinction between varying planes on the same frontage and the lineal
extent of the building. The projection creates separate planes on the
building's frontage, but not separate frontages.
The City understands the University of Phoenix's need to identify the
location of its different departments and functions for site visitors.
However, an additional wall sign located approximately 27 feet above
ground level, with the proposed copy, will not fulfill this need. Staff
believes that appropriate signage closer to eye level would be an
appropriated solution to the applicant's stated problem.
Staff has visited the project site
utilized by site visitors. The most
Grand Avenue and Brea Canyon Road a
points, the subject building is not
exits, traveling Golden Springs Dri
Gateway Corporate Center at Copley Dr
to the project site. Approaching the
existing wall sign's visibility.
and traveled routes mostly likely
likely utilized freeway exits are
t Golden Springs Drive. At these
visible. From any of the freeway
ve will allow a visitor to enter
ive or Gateway Center Drive leading
site from this direction allows the
While the second wall sign may allow freeway visibility, it does not
fulfill the applicant's stated reasons for wanting a second wall sign.
Staff finds that due to the northeast access approach (which is the most
likely approach) to the site, the exiting wall sign is visible. However,
upon entering the site and when on the site, directional signage closer
to eye level and an improved interior directory would probably better
serve the applicant's needs for more identification. The City's Sign
Code offers the following types of signs for this purpose:
1. Freestanding Monument Sian with a maximum height of six feet
and a maximum sign face area of 16 square feet; if the sign is
located on property with frontage on a public right-of-way in
excess of 65 feet in width (Valley Vista Drive's right-of-way
at the project site is 66 feet wide) , the maximum sign face
area is 24 square feet; one per frontage along a public street
is permitted;
2. Incidental Sign with a maximum area of one square feet, window
or wall mound and one per use; and
3. Nameplate/Address Sian with a maximum area of four square feet,
wall mounted, two per building and may be illuminated with
lighting no greater than 25 watts.
The freestanding monument sign could be located at either driveway
approach. The incidental and nameplate signs could be strategically
located on the building's exterior walls. Additionally, the interior
directory could be more specific as to the locations of the different
departments and functions of the University of Phoenix. Furthermore, the
alternative suggested signage would facilitate vehicular and pedestrian
traffic flow more than a wall sign two stories above ground level.
Staff has spoken with Sandford Kopelow, a member of Gateway Corporate
Center's architectural committee. He stated that the committee would
probably approve a monument sign and incidental/directional signs for the
University of Phoenix site providing the signs comply with the City's
standards.
PLANNING COMMISSION REVIEW:
The University of Phoenix caters to long-term students. As such, the
Planning Commission believes the proposed additional wail sign is not
essential. The Commission feels that signage is needed which directs new
students to the appropriate University of Phoenix departments and
functions. The Commission concurs with staff's alternative signage
recommendations which would directionally assist newer students.
Additionally, according to the Commission, the Variance approval would be
setting a precedence for other buildings in the area.
The Planning Commission believes that approving the Variance would
constitute a grant of special privilege. There are not exceptional
characteristics applicable to the site that strict application of the
Sign Ordinance deprives the applicant of privileges enjoyed by other
properties in the area. Additionally, the public health and safety would
best be served with signage closer to eye level than 27 feet above ground
level.
After considering all the
researching the City's codes,
review, staff feels denial o
this case, the strict literal
not result in inconsistencies
NOTICE OF PUBLIC HEARING:
information presented by the applicant,
field survey and the Planning Commission's
f the Variance request is appropriate. In
interpretation of the Sign Ordinance does
with the general purpose of the Ordinance.
Notice for this project was published in the Inland Valley Bulletin and
the San Gabriel Valley Tribune on August 13, 1996. Public hearing
notices were mailed to approximately 25 property owners within a 500 foot
radius of the project site on August 12, 1996.
t
PREPARED BY:
An Lu u
Assi tan P1 6n4
Attachments:
1. Draft City Council Resolution sustaining the Planning Commission's
denial;
2. Planning Commission Resolution of Denial No. 96-11;
3. Planning Commission minutes of July 22, 1996;
4. Correspondences date July 23, 1996 from Apollo Education Corporation
requesting the appeal;
5. variance application;
6. University of Phoenix Exhibit "A";
7. Photographs; and
8. Correspondence dated August 23, 1996 from Robert M. Aran requesting
a continuance.
0
•
CITY COUNCIL
RESOLUTION NO. 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR SUSTAINING THE PLANNING
COMMISSION'S DENIAL OF VARIANCE NO. 96-11 A
REQUEST TO INSTALL A SECOND WALL SIGN ON THE
NORTHERLY FACADE OF AN EXISTING COMMERCIAL
OFFICE BUILDING LOCATED WITHIN GATEWAY
CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE,
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The applicant, University of Phoenix, has filed an
application appealing the Planning Commission's denial of
Variance No. 96-1 located within Gateway Corporate Center
at 1370 Valley Vista Drive, Diamond Bar, Los Angeles
County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the
subject Variance shall be referred to as the "Applica-
tion".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
July 22, 1996 conducted a duly noticed public hearing on
the Application. At that time, the Commission denied the
applicant's request for a second wall sign.
5. The City Council of the City of Diamond Bar on September
3, 1996 conducted a duly noticed public hearing on the
Application. Due to the applicant's request, the public
hearing was continued to September 17, 1996.
6. Notification of the public hearing for this project has
1
9 •
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on August 13, 1996.
Twenty-five property owners within a 500 foot radius of
the project site were notified by mail on August 12,
1996.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
City Council of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. Based on the findings and conclusions set forth herein,
this City Council hereby finds as follows:
(a) The project relates to a 5.94 gross acres site
developed with an 84,000 square foot, two story,
multi -tenant commercial office building. acres
(1.23 net acres). The project site is located
within Gateway Corporate Center at 1370 Valley Vista
Drive, Diamond Bar, California.
(b) The project site is zoned Commercial -Manufacturing -
Billboard Exclusion -Unilateral Contract (C-M-BE-
U/C). It has a General Plan land use designation of
Professional Office (OP).
(c) Generally, the following zones and uses surround the
project site: to the north is the Orange (57) and
Pomona (60) Freeway interchange; to the south and
east is the C-M-BE-U/C Zone; and to the west is the
Orange Freeway and the C-M-BE-U/C Zone.
(d) The proposed Variance is a request to install a
second wall sign with a sign face area of 32.5
square feet. Its installation location is
approximately 27 feet above ground level, on the
subject office building's northerly facade.
(e) There are no special circumstances or exceptional
characteristics applicable to the property such as
size, shape, topography, location or surroundings
which are not generally applicable to other
properties in the vicinity and under identical
zoning classification. Other properties in the
vicinity, under identical zoning classification have
the same or similar lot configuration and
topography. Additionally these properties have
buildings with a similar architectural style as the
subject building.
(f) The Variance is not necessary for the preservation
of a substantial property right of the applicant
such as possessed by owners of other properties in
2
CH*F DIAMOND BAR 4 Casa#
COMIIIIMY DEVELOPMENT DEPARTMENT Dad Reed f
21660 E. Copley Drive Suite 190 Fee $
(909)396-5676 Fax (909)861-3117 Receipt#{ U
VARIANCE APPLICATION By
Record Owner
Name � -,(-C, rn t'K lJ cow
(Last name first)
Address
City ::C„ rX cc l C
zip �1 17 q i'
� `
Phone( ) �) - 3 d I
})Applicant (�
-a r t `�� �1-
Phone( �) � (0 6 -.s ,-� I !f
FAx ("') 92-C1 -%39(o
(rZS _Sc.r v , e- e s
Applicant's Agent
En Jcl p.I 1 M.a c
(Last name fast)
_S la.v C OVA D�
C/ a-
Phone( ) & f V
NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change
of the principals involved during the processing of this case.
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and
directors of corporations.)
Consent: I certify that I am the owner of the herein described property and permit the applicant to file this
request.
Signed SEE ATTACHED Date
(All record owners)
Certification: I, the undersigned, hereby certify underpenah:y of perjury that the information herein provided is
correct to the best of my knowledge.
Printed N C' �� 1v i
b
A plicant or Agent s
Sign Date
Appli t or Aln {�.
Location U n t ✓e 4-s� P k z e ri 7� (,� ds �� D k q� 1J`Y
(Street address or tract and lot number)
between and
Street) _ (Street)
Zoning —2 1A -�q
HNM It IN
Project Size (gross acres) -�-�,,� C���c�t(q Project Density
Previous Cases
Present Use of Site I- L�P_
Use applied for . �, c _ wN p
VARIANCE CASE -BURDEN OF PROOF
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the
Planning Commission, the following facts:
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare or 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.
AN ADDITIONAL SIGNAGE WILL NOT ADVERSELY AFFECT THE HEALTH,.
PEACE, COMFORT OR WELFARE OF PERSONS RESIDING OR WORKING IN
THE SURROUNDING AREA, OR WILL BE DETRIMENTAL TO THE USE,
ENJOYMENT OR VALUATION OF PROPERTY OR OTHER PERSONS LOCATED IN
THE VICINITY OF THE SITE, NOR WILL IT JEOPARDIZE, ENDANGER OR
OTHERWISE CONSTITUTE A MENACE TO THE PUBLIC HEALTH, SAFETY OR
GENERAL WELFARE.
B. That the proposed site is adequate in size and shape to accommodate 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.
THE EXISTING SITE.IS ADEQUATE IN SIZE AND SHAPE.
C. That the proposed site is adequately served:
1. By highways or streets of sufficient width and improved as necessary to carry the kind and
quantity of traffic such use would generate, and
2. By other public or private service facilities as are required.
THE EXISTING SITE IS ADEQUATELY SERVED BY HIGHWAYS OR STREETS
OF SUFFICIENT WIDTH AND BY OTHER PUBLIC AND PRIVATE SERVICE
FACILITIES AS ARE REQUIRED.
t1) That there are special circumstances or exceptional characteristics applicable to the property involved, such
as size, shape, topography, location or surroundings, which are not generally applicable to other properties
in the same vicinity and under identical zoning classification.
THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY
INVOLVED.
E ) That such variance is nesary for the preservation of a substantial prk right of the applicant such
`J as that possessed by owners of other property in the same vicinity and zone.
SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION OF A
SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT.
F. That the granting of the variance will not be materially detrimental to the public welfare or be injurious
to other property or improvements in the same vicinity and zone.
THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO
THE PUBLIC WELFARE OR BE INJURIOUS TO OTHER PROPERTY OR
IMPROVEMENTS IN THE SAME VICINITY AND ZONE.
• Staff Use
Project No.
INITIAL STUDY QUESTIONNAIRE
A. GENERAL INFORMATION
Project Applicant (Owner): Project Representative:
NAME NAME
d �1 s�, Q�
ADDRE S ADDRESS
PHONE # PHONE #
1. Action requested and project description- Aya vkk
(�D,Cyv-,A— C^�G1 ck�J.nc�IPP SfG,h iaC
(1 C p eJ C
2. Street location of project: Jta !?J1 Vc s p -T,
3a. Present use of site: LC e
3b. Previous use of site or structures:
4. Please list all previous cases N
(if any) related to this project:
5.
G
Other related permit/approvals required.
Specify type and granting agency._= a
Are you planning future phases of this project? Y N
If yes, explain: I�,)
7. Project Area:
8
9
Number of floors:
Present zoning:_
Covered by structures, paving:
Landscaping, open space:
Total Area:
B. ENVIRONMENTAL INFORMATION
1. Environmental Setting —Project Site
a. Existing use/structures MJyl Tg—, , - t c e
b. Topography/slopes �-,., �. q J e ca eA
*c. Vegetation L . -- { 2
*d. Animals
*e. Watercourses
f. Cultural/historical resources
%�-
g. Other (y/ fi--
2. Environmental Setting — Surrounding Area
a. Existing uses structures (types, densities): QC� Oe D C k
b. Topography/slopes
*c. Vegetation lV
*d. Animals .
*e. Watercourses
f. Cultural/historical resources (%
g. Other
Staff Use
0 Project No.
INITIAL STUDY QUESTIONNAIRE
A. GENERAL INFORMATION
Project Applicant (Owner): Project Representative:
rl
NAME
� 12v u4V, , " br
ADDRESS
�k 14
NAME
ADDRESS
PHONE # PHONE #
1. Action requested and project p
+roject descrition:
n'r w, A- n F-fi- G rX
n ClS� cD 2��
Z. Street location of project: 13 :2 �h. VC s p
3a. Present use of site: M P L4, is t
3b. Previous use of site or structures: V/ A-
4. Please list all previous cases �/
(if any) related to this project:
5. Other related permit/approvals required.
Specify type and granting agency. 14
F
Are you planning future phases of this project? Y
If yes, explain: K) �-
7. Project Area:
Covered by structures, paving:
Landscaping, open space:
Total Area:
S. Number of floors:
9. Present zoning:
v
A.
CITY COUNCIL
RESOLUTION NO. 96-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REVERSING THE PLANNING
COMMISSION'S DECISION OF DENIAL AND APPROVING
VARIANCE NO. 96-1, A REQUEST TO INSTALL A
SECOND WALL SIGN ON THE NORTHERLY FACADE OF AN
EXISTING COMMERCIAL OFFICE BUILDING LOCATED
WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY
VISTA DRIVE, DIAMOND BAR, CALIFORNIA.
RECITALS.
1. The applicant, University of Phoenix, has filed an
application appealing the Planning Commission's denial of
Variance No. 96-1 located within Gateway Corporate Center
at 1370 Valley Vista Drive, Diamond Bar, Los Angeles
County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the
subject Variance shall be referred to as the "Applica-
tion".
2. -On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency,with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
July 22, 1996 conducted a duly noticed public hearing on
the Application. At that time, the Commission denied the
applicant's request for a second wall sign.
5. On July 25, 1996, the applicant filed an appeal
requesting the City Council's consideration of the
Variance request.
6. The City Council of the City of Diamond Bar on September
3, 1996 conducted a duly noticed public hearing on the
.Application. Due to the applicant's request, the public
1
The pr'Sposed wall sign will be located on the
northerly facade of a commercial office building.
The office building has a lineal frontage of 432
feet and setback approximately 99.83 feet for the
public right-of-way. It's designed in a manner that
creates a facade with varying planes, thereby giving
the appearance of separate elevation. The varying
planes, excessive lineal frontage and substantial
setback impedes the view of the building's main
entrances and the existing University of Phoenix
wall sign when traveling northeast on Valley•Vista
Drive. The referenced special circumstances and
exceptional site and building characteristics are
not generally applicable to other properties in the
vicinity and under identical zoning.
(f) The Variance is necessary for the preservation of a
substantial property right of the applicant such as
possessed by owners of other properties in the same
vicinity and zone.
Pursuant to the Sign Ordinance, Gateway Corporate
Center Guidelines and Gateway Corporate Center
Unilateral Contract, the applicant has the right to
install signage that gives visitors clear direction
to and on the project site. However, the building's
design interferes with the right to have visible
signs, a right enjoyed by owners and tenants of
commercial office buildings in the same vicinity and
zone. The granting of the Variance preserves and
ensures this right.
(g) The strict application of zoning regulations
including the City's Sign'Ordinance, as they apply
to the property, will result in practical diffi-
culties or unnecessary hardships inconsistent with
the general purpose of such regulations and
standards.
In this case, the strict literal interpretation of
the City's Sign Ordinance would result in practical
difficulties because without adequate signage,
visitors will have difficulties finding the project
site which would be in conflict.with the purpose of
the City's Sign Ordinance.
(h) The granting of the Variance will not be materially
detrimental to the public health, safety, or general
welfare, or injurious to other property in the same
vicinity and zone.
The proposed wall sign will facilitate vehicular and
pedestrian traffic as visitors to the project site
seek direction to the building area occupied by the
applicant, thereby decreasing confusion when
approaching and on the site.
4. Based upon the findings and conclusions set forth above,
the City Council hereby reverses the Planning
3
CITY COUNCIL
RESOLUTION NO. 96-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REVERSING THE PLANNING
COMMISSION'S DECISION OF DENIAL AND APPROVING
VARIANCE NO. 96-1, A REQUEST TO INSTALL A
SECOND WALL SIGN ON THE NORTHERLY FACADE OF AN
EXISTING COMMERCIAL OFFICE BUILDING LOCATED
WITHIN GATEWAY CORPORATE CENTER AT 1370 VALLEY
VISTA DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The applicant, University of Phoenix, has filed an
application appealing the Planning Commission's denial of
Variance No. 96-1 located within Gateway Corporate Center
at 1370 Valley Vista Drive, Diamond Bar, Los Angeles
County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the
subject Variance shall be referred to as the "Applica-
tion".
2. -On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
July 22, 1996 conducted a duly noticed public hearing on
the Application. At that time, the Commission denied the
applicant's request for a second wall sign.
5. On July 25, 1996, the applicant filed an appeal
requesting the City Council's consideration of the
Variance request.
6. The City Council of the City of Diamond Bar on September
3, 1996 conducted a duly noticed public hearing on the
Application. Due to the applicant's request, the public
1
oc -7n
The proposed wall sign will be located on the
1 northerlyfacade
cade of a commercial office building.
The office building has a lineal frontage of 432
feet and setback approximately 99.83 feet for the
public right-of-way. It's designed in a manner that
creates a facade with varying planes, thereby giving
the appearance of separate elevation. The varying
planes, excessive lineal frontage and substantial
setback impedes the view of the building's main
entrances and the existing University of Phoenix
wall sign when traveling northeast on Valley•Vista
Drive. The referenced special circumstances and
exceptional site and building characteristics are
not generally applicable to other properties in the
vicinity and under identical zoning.
(f) The Variance is necessary for the preservation of a
substantial property right of the applicant such as
possessed by owners of other properties in the same
vicinity and zone.
Pursuant to the Sign Ordinance, Gateway Corporate
Center Guidelines and Gateway Corporate Center
Unilateral Contract, the applicant has the right to
install signage that gives visitors clear direction
to and on the project site. However, the building's
design interferes with the right to have visible
signs, a right enjoyed by owners and tenants of
commercial office buildings in the same vicinity and
zone. The granting of the Variance preserves and
ensures this right.
(g) The strict application of zoning regulations
including the City's Sign Ordinance, as they apply
to the property, will result in practical diffi-
culties or unnecessary hardships inconsistent with
the general purpose of such regulations and
standards.
In this case, the strict literal interpretation of
the City's Sign Ordinance would result in practical
difficulties because without adequate signage,
visitors will have difficulties finding the project
site which would be in conflict with the purpose of
the City's Sign Ordinance.
(h) The granting of the Variance will not be materially
detrimental to the public health, safety, or general
welfare, or injurious to other property in the same
vicinity and zone.
The proposed wall sign will facilitate vehicular and
pedestrian traffic as visitors to the project site
seek direction to the building area occupied by the
applicant, thereby decreasing confusion when
approaching and on the site.
4. Based upon the findings and conclusions set forth above,
the City Council hereby reverses the Planning
3
Commission's decision of denial and approves this
Application subject to the following conditions:
(a) The project shall substantially conform to site
plan, elevation and colors/materials board
collectively labeled as Exhibit "A" dated October 1,
1996, as submitted to and approved by the City
Council.
(b) The subject site shall be maintained in a condition
which is free of debris both during and after the
construction, addition, or implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted
waste contractor, who has been authorized by the
City to provide collection; transportation, and
disposal of solid waste from residential,
commercial, construction and industrial areas within
the City. It shall be the applicant's obligation to
ensure that the waste contractor utilized has
obtained permits from the City of Diamond Bar to
provide such services.
(c) The.wall sign shall comply with the Gateway
Corporate Center's guidelines and the standards
setforth within the Gateway Corporate Center's
Unilateral Contract.
(d) Any surface irregularities as a result of the
removal and installation of any signs shall be
repaired (i.e. filing of holes, resurfacing and
painting to match existing building's finish).
(e) The applicant shall comply with the requirements of
the City's Planning and Zoning and Building and
Safety Divisions and the Public Works Department.
(f) This grant shall be valid for one (1) year and shall
be exercised (i.e. construction shall be commenced)
within that period or this grant shall expire.
(g) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the.City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and accept all the conditions of this
,grant. Further, this grant shall not be effective
until the permittee pays all remaining City
processing fees.
4
B.
hearing was continued to September 17, 1996 and concluded
on September 17, 1996.
7. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on August 13, 1996.
Twenty-five property owners within a 500 foot radius of
the project site were notified by mail on August 12,
1996.
Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
City Council of the City of Diamond Bar as follows:
1. The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. The City Council hereby determines that the project
identified above in this Resolution is categorically
exempt from the requirements of the California
Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15311 (a) of
Article 19 of Chapter 3, Title 14 of the California Code
of Regulations.
3. Based on the findings and conclusions set forth herein,
this City Council hereby finds as follows:
(a) The project relates to a 5.94 gross acre site
developed with an 84,000 square foot, two story,
multi -tenant commercial office building. The
project site is located within Gateway Corporate
Center at 1370 Valley Vista Drive, Diamond Bar,
California.
(b) The project involves the removal of the existing
ReMax wall sign and the installation of a 32.5
square foot University of Phoenix wall sign.
(c) The project site is'zoned Commercial -Manufacturing --
Billboard Exclusion -Unilateral Contract,(C-M-BE-
U/C). It has a General Plan land use designation of
Professional Office (OP).
(d) Generally, the following zones and uses surround the
project site: to the north is the Orange (57) and
Pomona (60) Freeway interchange; to the south and
east is the C-M-BE-U/C Zone; and to the -west is the
Orange Freeway and the C-M-BE-U/C Zone.
(e) There are special circumstances or exceptional
characteristics applicable to the property such as
size, shape, topography, location or surroundings
which are not generally applicable to other
properties in the vicinity and under identical
zoning classification.
0
0
Commission's decision of denial and approves this
Application subject to the following conditions:
(a) The project shall substantially conform to site
plan, elevation and colors/materials board
collectively labeled as Exhibit "A" dated October 1,
" 1996, as submitted to and approved by the City
Council.
(b) The subject site shall be maintained in a condition
which is free of debris both during and after the
construction, addition, or implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted
waste contractor, who has been authorized by the
City to provide collection; transportation, and
disposal of solid waste from residential,
commercial, construction and industrial areas within
the City. It shall be the applicant's obligation to
ensure that the waste contractor utilized has
obtained permits from the City of Diamond Bar to
provide such services.
(c) The.wall sign shall comply with the Gateway
Corporate Center's guidelines and the'standards
setforth within the Gateway Corporate Center's
Unilateral Contract.
(d) Any surface irregularities as a result of the
removal and installation of any signs shall be
repaired (i.e. filing of holes, resurfacing and
painting to match existing building's finish).
(e) The applicant shall comply with the requirements of
the City's Planning and Zoning and Building and
safety Divisions and the Public Works Department.
(f) This grant shall be valid for one (1) year and shall
be exercised (i.e. construction shall be commenced)
within that period or this grant shall expire.
(g) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and accept all the conditions of this
grant. Further, this grant shall not be effective
until the permittee pays all remaining City
processing fees.
4
B.
hearing was continued to September 17, 1996 and -concluded
on September 17, 1996.
7. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on August 13, 1996.
Twenty-five property owners within a 500 foot radius of
the project site were notified by mail on August 12,
1996.
Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
City Council of the City of Diamond Bar as follows:
1. The City Council hereby specifically finds that all of
the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. The City Council hereby determines that the project
identified above in this Resolution is categorically
exempt from the requirements of the California
Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15311 (a) of
Article 19 of Chapter 3, Title 14 of the California Code
of Regulations.
3. Based on the findings and conclusions set forth herein,
this City Council hereby finds as follows:
(a) The project relates to a 5.94 gross acre site
developed with an 84,000 square foot, two story,
multi -tenant commercial office building. The
project site is located within Gateway Corporate
Center at 1370 Valley Vista Drive, Diamond Bar,
California.
(b) The project involves the removal of the existing
ReMax wall sign and the installation of a 32.5
square foot University of Phoenix wall sign.
(c) The project site is'zoned Commercial -Manufacturing --
Billboard Exclusion -Unilateral Contract,(C-M-BE-
U/C). It has a General Plan land use designation of
Professional Office (OP).
(d) Generally, the following zones and uses surround the
project site: to the north is the Orange (57) and
Pomona (60) Freeway interchange; to the south and
east is the C-M-BE-U/C Zone; and to the -west is the
Orange Freeway and the.C-M-BE-U/C Zone.
(e) There are special circumstances or exceptional
characteristics applicable to the property such as
size, shape, topography, location or surroundings
which are not generally applicable to other
properties in the vicinity and under identical
zoning classification.
10. Water andloer service:0
Domestic Public ' )
Water i("S
ewers /
Does service exist at site? ( Y ) N / Y / N
If yes, do purveyors have
capacity to meet demand of
project and all other approved.
projects? �YY/}N (:Yl) N
If domestic water or public sewers are not available, how will these services be provided?
Residential Projects: ) I�
11. Number and type of units:
12. Schools:
What school district(s) serves the property?
Are existing school facilities adequate to meet project needs?
YES NO
If not, what provisions will be made for additional classrooms?
Non -Residential projects:
13. Distance to nearest residential use or sensitive use (school, hospital, etc.)
Ala M,1 p
14. Number and floor area of buildings:
15. Number of employees and shifts: b��00
16. Maximum employees per shift:
17. Operating hours: c ►�
18. Identify any: End products r\ 0—.--
Waste products r-'L> - C
Means of disposal
19. Do project operations store or produce hazardous substances such as oil, pesticides, chemicals, paints,
or radioactive ' Is?
YES NO
If yes, explain
20. Do your operations regAbany pressurized tanks? •
YES CNO
If yes, explain
21. Identify any flammable, reactive or explosive materials to be located on -site.
22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway?
YES NO
If yes, explain
10. Water and sewer service •
- Domestic 1 0'tb1sicater
Does service exist at site? Y N OYN
If yes, do purveyors have
capacity to meet demand of
project and all other approved ,_
projects? Y)N/(:Y� ) N
If domestic water or public sewers are not available, how will these services be provided?
Residential Projects:
11. Number and type of units:` d l
12. Schools:
What school district(s) serves the property? -
Are existing school facilities adequate to meet project needs?
YES NO
If not, what provisions will be made for additional classrooms?
Non -Residential projects:
13. Distance to nearest residential use or sensitive use (school, hospital, etc.)
\ %a ry\
14. Number and floor area of buildings: �f e)e)y S.
15. Number of employees and shifts: �oo P
16. Maximum employees per shift:
17. Operating hours: ao�z- C ev\
18. Identify any: End products r\
Waste products n;)- C
Means of disposal t,% C�-
19. Do project operations_use,,store or produce hazardous substances such as oil, pesticides, chemicals, paints,
or radioactiv=NO
s?
YES
Ifyes, explain
• 0
INSTRUCTIONS FOR COMPLETING
INITIAL STUDY QUESTIONNAIRE
TO THE APPLICANT:
The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible
environmental impacts. This Initial Study process is intended to determine the type of environmental documentation
necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire and
other material which you must provide and an analysis of potential impacts prepared by staff --often with the input
from reviewing agencies with special expertise. This process can be expedited with your cooperation.
The project file must include the following exhibits, which you must provide (check boxes are provided for your
use):
1. Initial Study Questionnaire —In completing this questionnaire, all questions should be answered as
completely as possible (attach extra pages if necessary). If requesting a land division, it should be
anticipated that future development will take place, and the questionnaire completed accordingly.
Preliminary grading and/or development concepts should be submitted, even if no immediate construction
is anticipated.
2. Development Plan with Contours showing:
a) the location and layout of the proposed development or possible pad location;
b) native vegetation —including the location, spread, health and circumference (measured 4 1/2 feet
above ground level) of any oak trees; and
c) existing and proposed landscaping.
3. Vicinity Map of appropriate scale showing the subject property in relation to nearby streets and other
significant physical features. Street maps (such as Thomas Guide) in urban areas or U.S.G.S. Quad Sheets
in rural areas should be used. (Quad Sheets area available at many map stores or from the Department
of the interior Geologic Survey, 300 North Los Angeles Street, Room 7638, Los Angeles --this is the
Federal Building in Los Angeles civic center.)
4. Photographs of the site, pad locations and surrounding area. An index map keyed to the photographs
should be provided, showing the location and direction of each photograph.
S. Generalized land use map of appropriate scale for the project site and surrounding properties, with uses
clearly labeled.
Be certain that the project number(s) is on all material (e.g. maps, photographs, questionnaire).
FAILURE TO SUBMIT ALL REQUESTED MATERIALS AND TO PROVIDE COMPLETE QUESTIONNAIRE
INFORMATION CAN RESULT IN DELAYS IN PROCESSING YOUR CASE.
It should also be noted that addifiW environmental material/ data may be requi&xfore project processing can
begin and a public hearing meetheduled. The results of the staffs enviroreview (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.
Domestic Water Source �_ Company/District C, w„OJ
Method of Sewage Disposal S C � e -( Sanitation District
Grading of Lots by Applicant? YES NO '/, Amount
(Show necessary grading design on site plan or tent. map)
f y �—
LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change,
attach legal description of exterior boundaries of area subject to the change.)
PLEASE SEE BELOW.
Project Site: c s �— i v\-
Gross Area o. of Lots
Area devoted to : Structures
Residential project:
Proposed Density
Open Space
and
Gross Area
Units/Acres
Number and types of Units
Residential Parking: Type
Required
Total Required
LEGAL DESCRIPTION:
No. of floors
Provided
Total Provided
Lots 8 and 9 of Tract 39679 City od Diamond Bar, County of Los Angeles,
State of California as per map recorded in the Book No. 1083 Pages 14 - 21
inclusive of maps in the Office of the County Recorder of said county as
amended by a Certification of Correction recorded January 24, 1989, as
Instrument No. 89-123719, official records.
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the same vicinity and zone. Pursuant to the Sign
Ordinance, the applicant does have the right to
install one wall sign per outer wall per frontage
which is the same right that other property owner
possess within the same vicinity and zone. However,
the applicant desires to install a second wall sign,
thereby having two wall signs per outer wall per
frontage. Therefore, granting the Variance would be
giving additional property rights not possessed by
other property owners in the same vicinity and zone.
(g) The strict application of zoning regulations
including the City's Sign Ordinance, as they apply
to the property, will not result in practical
difficulties or unnecessary hardships inconsistent
with the general purpose of such regulations and
standards. In this case, the strict literal
interpretation of the City's Sign Ordinance does not
result in inconsistencies with the Ordinance's
general purpose because the general purpose includes
aesthetic concerns and protection against the undue
proliferation of signs. This application will
result in unnecessary proliferation of signage for
one facility. Additionally, the Sign Ordinance's
strict application does not result is practical
difficulties or unnecessary hardship because the
applicant can utilize alternative signage pursuant
to the Sign Ordinance to accomplish its
identification goals.
(h) The granting of the Variance will be materially
detrimental to the public health, safety, or general
welfare, or injurious to other property in the same
vicinity and zone in that the proposed sign is not
located at eye level. It will be 27 feet above
ground level. Signage at that height does not
facilitate vehicular and pedestrian traffic but may
create an unsafe condition as drivers and pedes-
trians seek directional signage/use identification
at eye level.
3. Based on the findings and conclusions set forth above,
the City Council hereby denies the Application.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Robert McNichols,
University of Phoenix, 4615 E. Elwood, Phoenix, Az
85072.
0
PASSED, ADOPTED AND APPROVED this 17th day of September, 1996
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, adopted and approved
at a regular meeting of the City Council of the City of Diamond Bar
held on the 17th day of September, 1996, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Attest:
City Clerk of the
City of Diamond Bar
4
0 0
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JULY 22, 1996
CALL TO ORDER:
Chairman Goldenberg called the meeting to order at 7:05 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Commissioner
Schad.
ROLL CALL:
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
Commissioners Fong, McManus and Schad.
Also Present: Community Development Director James
DeStefano; Senior Planner Catherine Johnson;
Assistant Planner Ann Lungu, and Recording
Secretary Carol Dennis
\\MATTERS FIkOM THE AUDANCE
CONSENT CALENDAR:
1. Minutes of Jul
\ VC/R�z icka made
the minutes of
objec 'ons, the
LD BUSI ESS - Non
NE BUSINES - None
PUBLIC HEARING:
/PUBLIC
8, 1996.
S -
motion, secokded by C/Sc
une 24, 1996 as presen
)�tion-was so o dered.
to a rove
Wi hout
1. Variance No. 96-1 (pursuant to Code Section 22.56, Part
2), is a request to install a second wall sign,
approximately 32.5 square feet in area, on the north side
of a building which the applicant occupies.
Project Address: 1370 Valley Vista Drive, Diamond Bar
0
July 22, 1996
Property owner:
Applicant:
Page 2
PLANNING COMMISSION
Trammell Crow, 18529 E. Gale Avenue,
Industry, CA 91748
University of Phoenix, 4615 E.
Elwood, Phoenix, AZ 85072
AstP/Lungu read the staff report into the record. Staff
recommends that the Planning Commission deny Variance No.
96-1 and approve attached resolution of denial.
Chair/Goldenberg opened the public hearing.
Applicant Robert McNichols, University of Phoenix, 4615
E. Elwood, Phoenix, AZ 85072, explained that the
University is a for -profit business operating in
commercial lease space throughout the United States. He
stressed that signage is important to the business. He
requested the Commission grant a variance to the 1989
Master Sign Plan allowing installation of a second wall
sign approved by the building owner. He pointed out that
because the University occupies two-thirds of the
building, it is entitled to two-thirds of the signage.
Mr. McNichols responded to VC/Ruzicka that the University
of Phoenix is a State accredited university.
VC/Ruzicka asked how additional signage will benefit long
term students. Mr. McNichols responded that the
University is a commercial business providing convenience
to adult students.
VC/Ruzicka asked Mr. McNichols what he believes is the
University's property right under the approved signage
plan. Mr. McNichols responded that in his opinion, it is
the University's right to have its pro-rata share of
signage on the building. The property right states that
the business must obtain the landlord's approval to place
a second sign on the building in place of the existing
Re -Max sign. The approved sign plan does not designate
pro-rata rights. Mr. McNichols referred the Commission
to the Trammel Crow Realty Advisors December 27, 1995
approval and the Gateway Corporate Center Association
Architectural Committee February 15, 1996 approval.
Mr. McNichols responded to C/McManus that the purpose of
the second sign is to assist people in locating the
business.
AstP/Lungu responded to C/McManus that the Gateway
Corporate Center Architectural Committee would consider
a modest monument sign behind the property line.
July 22, 1996 Page 3 Planning Commission
Mr. McNichols responded to C/Schad that Diamond Bar
permitted the original sign.
Craig Clute, 21217 Fountain Springs Road stated his
concern that granting the variance may negate a new
tenant's ability to obtain signage. He suggested a
monument sign and directory would more appropriately
assist the public in locating the business.
Chair/Goldenberg closed the public hearing.
C/Schad stated that if this site enhances future
students' ability to locate the university, he would
favor consideration of a second sign.
VC/Ruzicka indicated to C/Schad Mr. McNichols
confirmation that students are long term and would not
experience difficulty in locating the campus over an 18
month period. In this instance, the Planning Commission
is being asked to set a precedent for changing the Sign
Ordinance. He stated he favors staffs' recommendations
for assisting students rather than granting a signage
variance.
VC/Ruzicka made a motion, seconded by C/McManus to deny
Variance No. 96-1 and approve the resolution of denial.
The motion was approved 4-1 with the following Roll Call
vote:
AYES: COMMISSIONERS:
PLANNING
VC/Ruzicka
Objectives
meeting.
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SION ITEMS:
VC/Ruzicka, McManus,
Fong, Chair/Goldenberg
Schad
None
None
equested that discussion of City
$ agendized for e August 12, 1 96
\INFORMATIONAL I�EMS:
Council's oals an
Planning Co ission
CW/DeStefano indicated staff ask the Developm nt Code Consul ant
to ove the Tree dinance to the top of the p 'ority. The ty
Att�ney has advis that as a res It of a new L s Angeles Cou ty
Adul Ordinance, th City will need to consider a endments to i s
curre t Adult Use Or 'nance.
DD/DeS efano stated otices of the onday, Augus 26 Planning
0kmmissi n hosted Devel pment Code Publ'c Workshop w 1 be
•
ROBM-T."M. ARAN
I
..1 - .. 'A PROFESSIONAL CORPORATION
16530 VENTURA BOULEVARD
1 SUITE 204
&
'96 AIJGNZoA 7A5f 0RNIA 91436
TEL 1618) 995-1663 • FAX (818) 995-1805
August 23, 1996
Mr. Jim DeStefano, Community Development Director
City of Diamond Bar .
21660 Copley Drive, Suite 190
Diamond Bar, CA 91765
Re: Request for Extension of Hearing on Appeal/University of Phoenix
Dear Mr. DeStefano:
Following our recent conversation concerning the above -referenced appeal, I checked with
University officials and discovered that the University's primary witness is traveling on business for
the University on September 3, 1996 and will not be available that entire week.
He has been away already more than a week, and cannot possibly return in time to testify.
His testimony is essential to the University's presentation.
You and I discussed during our recent conversation the possibility of continuing the current
hearing from September 3 to the next available date, which I believe you indicated to me was
September 17. You confirmed you would have no objection for such an extension.
After discussion today with Marilyn Ortiz, I write this letter to request an extension to
September 17, 1996 or other date at or near that time to enable University officials to be present and
testify.
Please advise at your earliest opportunity.
Very truly yours,
ROBERT M. ARAN
RMA/ams
cc: Mayor Eileen Ansari & Council Members
City Clerk, Lynda Burgess
University of Phoenix
If .
0
July 23, 1996
Lynda Burgess
City Clerk
City of Diamond Bar
21660 East Copley Drive, Suite 190
Diamond Bar, CA 91765
Re: Appeal of denial of Request for Variance No. 96.1
Dear Ms Bur ess•
400,10 Education Coroorct on
^e University of Phoenix. Inc
The Institute for Professional DQveioC^^e
Apollo Development Corpora~or
Apollo Press, Inc.
;L-�
g
The University of Phoenix wishes to appeal the denial of it's request for variance which occurred
at the July 22; 1996 Diamond Bar Planning. Commission meeting..
Please register this appeal for the first available City Council agenda and please send all notices
and correspondence to:
Robert M. McNichols, President
Apollo development Corporation
Authorized Agent for
The University of Phoenix
4615 East Elwood Street
P.O. Box 52069
Phoenix, AZ 85072-2069
(602) 966-5394
Sincerely,
" a
Robert M. McNichols, President
APOLLO DEVELOPMENT CORPORATION
RMM\bb
i - •
PLANNING COMMISSION
RESOLUTION NO. 96-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR DENYING VARIANCE NO. 96-11
A REQUEST TO INSTALL A SECOND WALL SIGN -ON THE
NORTHERLY FACADE OF AN EXISTING COMMERCIAL
OFFICE BUILDING LOCATED WITHIN GATEWAY
CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE
(LOTS 8 AND 9, TRACT 39670), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owners, Trammell Crow and applicant,
University of Phoenix, have filed an application for
Variance No. 96-1 located within Gateway Corporate Center
at 1370 Valley Vista Drive, Diamond Bar, Los Angeles
County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the
subject Variance shall be referred to as the "Applica-
tion".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
.22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
July 22, 1996 conducted a duly noticed public hearing on
the Application.
5. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley -Daily Bulletin newspapers on July 11, 1996.
Twenty-five property owners within a 500 foot radius of
the project site were notified by mail on July 9, 1996.
1
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a 5.94 gross acres site
developed with an 84,000 square foot, two story,
multi -tenant commercial office building. acres
(1.23 net acres). The project site is located
within Gateway. Corporate Center at 1370 Valley Vista
Drive, Diamond Bar, California.
(b) The project site is zoned Commercial -Manufacturing -
Billboard Exclusion -Unilateral Contract (C-M-BE-
U/C). It has a General Plan land use designation of
Professional Office (OP).
(c) Generally, the following zones and uses surround the
project site: to the north is the Orange (57) and
Pomona (60) Freeway interchange; to the south and
.East is the C-M-BE-U/C Zone; and to the west is the
Orange Freeway and the C-M-BE-U/C Zone.
(d) The proposed Variance is a request to install a
second wall sign with a sign face area of 32.5
square feet. Its installation location is
approximately 27 feet above ground level, on the
subject office building's northerly facade.
(e) There are no special circumstances or exceptional
characteristics applicable to the property. The
strict application of the code does not deprive the
subject property of privileges enjoyed by other
properties in the vicinity and under identical
zoning classification. Other properties in the
vicinity, under identical zoning classification have
the same or similar lot configuration and
topography. Additionally these properties have
buildings with a similar architectural style as the
subject building.
,(f) The Variance's approval will constitute a grant of
special privilege inconsistent with the limitations
upon other properties in the vicinity and zone in
which the property is situated. The applicant is
creating its own hardship by not utilizing other
types of signage offered by the City sign ordinance
which would be an appropriate solution to the
applicant's stated problem.
(g) The strict application of zoning regulations
including the City's Sign Ordinance, as they apply
to the property, will not result in practical
difficulties or unnecessary hardships inconsistent
with the general purpose of such regulations and
standards. In this case, the strict literal
interpretation of the City's Sign Ordinance does not
result in inconsistencies with the.Ordinance's
general purpose; nor does it create uncessary
hardship because the applicant can utilize
alternative signage, offered in the Sign Ordinance,
to accomplish its identification goals as stated in
the submitted project application.
(h) The Variance's approval may be materially detri-
mental to the public health, safety,'or general
welfare, or to the use, enjoyment or valuation of
property of other persons located in the vicinity.
The applicant's intent is to provide signage that
will facilitate vehicular and pedestrian traffic
flow on site. The second wall sign's proposed
location is not at eye level. It will be 27 feet
above ground level. Signage at that height does not
facilitate vehicular and pedestrian traffic but may
create an unsafe condition as drivers and pedes-
trians seek directional signage/use identification
at eye level.
3. Based on the findings and conclusions set forth above,
the Planning Commission hereby denies the Application.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Robert McNichols,
University of Phoenix, 4615 E. Elwood, Phoenix, Az
85072; Trammell Crow, 18529 E. Gale Avenue,
Industry, CA 91748.
APPROVED AND ADOPTED THIS 22ND DAY OF JULY, 1996, BY THE
PLANNING COMMISSION THE CITY OF DIAMOND BAR.
BY : ZLZ
Mike iGoldenberg/, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 22nd day of July, 1996,
by the following vote:
AYES: Goldenberg, Ruzicka, McManus, Fong
NOES Schad
ABSENT: None
ABSTAIN: None
ATTEST:
DeStefa'�o, Secretary
4
cm- &IAMOND BAIL
COMMUNITY DEVELOPMENT DEPARTMENT
21660 E. Copley Drive Suite 190
(909)396-5676 Fax (909)861-3117
VARIANCE APPLICATION
Record Owner
Name (t l,ec�eu
(Last namefirst)
C
Address
City„ -k (� 4
Phone(
Applicant
,al�
(�-00 lbt C`ff e fi
e.n.>r V�
P1a 2 �
Phone( �) ! % 6 -; S 3 1
Dace Reed 5 'D ?
Fee $ O
Receipt# U a d
By
(,TS -. ar v i c e
Applicant's Agent
n=l & e I l (1 et Ic, g
(Last name first)
C/
Phony
NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change
of the principals involved during the processing of this case. .
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and
directors of corporations.)
Consent. I certify that I am the owner. of the herein described property and permit the applicant to file this
request.
Signed SEE ATTACHED
(All record owners)
Date
Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is
correct to the best of my knowledge.
Printed N e t l
(A plicant o Agent
Signl(Afy Date
ppli t or A n
Location uri t ✓e
between
- rh.t, IV, V1.,",
or tract and lot number)
(Street)
Zoning LAAiuLSj 1�3�� �
Project Size (gross acres) (. istt�n C. \a-t%UProject Density
Previous Cases �!
Present Use of Site L�& L F_ M LA
Use applied for C, a ,,.,� e
Domestic Water Source EL I,-,, _ Company/District
Method of Sewage Disposal S � , ) 4- �( Sanitation District
Grading of Lots by Applicant? YES NO �1, Amount
(Show necessary grading design on site plan or tent. map) I V
LEGAL DESCRIPTION (All.ow6ership comprising the proposed lots/project). If petitioning for zone change,
attach legal description of exterior boundaries of area subject to the change.)
PLEASE SEE BELOW.
Project Site: c -%� �—+%rk-
Gross Area o. of Lots
Area devoted to : Structures Open Space
Residential project:
Proposed Density
and
Gross Area No. of floors
Units/Acres
Number and types of Units
Residential Parking: Type N r
• -.
Total Required
LEGAL DESCRIPTION:
Provided
Total Provided
Lots 8 and 9 of Tract 39679 City od Diamond Bar, County of Los Angeles,
State of California as per map recorded in the Book No. 1083 Pages 14 — 21
inclusive of maps in the Office of the County Recorder of said county as
amended by a Certification of Correction recorded January 24, 1989, as
Instrument No. 89-123719, official records.
CITY OF MMOND BAR CRW4 1I9d--" ..,� 1
CONEWJNTTI'Y DEVELOPMXNT DEPARTMENT DabRec'd
21660 E. Copley Drive Suits 190 Fee $
(909)396-5676 Frut (909)861-3117 Receipt#
VARIANCE APPLICATION By
_ P.ec;nrd 4�.�Ttcr
luP II Pr pe ties
Name :
(Lase! name •rst)�
Address 18529 E_Q .A _
City Irldy�
Z-'P_ 9174f3
Phone( )�81$-312-3612
Applicant
Qni Hof HxMix
(Last name first)
Applicant's Agent
!; s :a �. �IK• .�ue�. may!. • •yam
No ./ f•tnr_••- aw
• / 0 '21•
NOTE: It is fha rrplicant's responsibility to notify the Community Development Director in writing of any change
of the principals involved during the processing of this case.
(.Attach senazate sheet; if necessary, including names, addresses, end aignuvres of m rrbers of partnerships, joint ventures, and
directors of corporations.)
Consent: I ,artVy that I am the owner of the herein described property and permit the applicant to file this
request.
Signed (I" L LCILU---� — - _ Date Zt
(All record owners)
Christie gN,th, TtameU C cw Sc). C 7ai , Inc. as agat fcrr 7.lUP II Pcqatii , Joint Venture
Cerdficatio«::, the u.-sciern'gned, hereby terfy under penalty of perjury thvt the information herein provided is
correct to the best of my knowledge.
Printed Name
Signed_ --
Location
between
(Applicant or Agent)
(Applicant or Agent)
(Street address or tract and lot number)
(Street)
Zoning _____.._
Project Size (gross acres)
Previous Cases
Date
M.
Project Deasity
(Street)
Present Use of Site
Use applied for
VARIANCE CASE -BURDEN OF PROOF '
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the
Planning Commission, the following facts:
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare or persons residing or worldng 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.
AN ADDITIONAL SIGNAGE WILL NOT ADVERSELY AFFECT THE HEALTH,.
PEACE, COMFORT OR WELFARE OF PERSONS RESIDING OR WORKING IN
THE SURROUNDING AREA, OR WILL BE DETRIMENTAL TO THE USE,
ENJOYMENT OR VALUATION OF PROPERTY OR OTHER PERSONS LOCATED IN
THE VICINITY OF THE SITE, NOR WILL IT JEOPARDIZE, ENDANGER OR
OTHERWISE CONSTITUTE A MENACE TO THE PUBLIC HEALTH, SAFETY OR
GENERAL WELFARE.
B. That the proposed site is adequate in size and shape to accommodate 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. .
THE EXISTING SITE.IS ADEQUATE IN SIZE AND SHAPE.
C. That the proposed site is adequately served:
1. By highways or streets of sufficient width and improved as necessary to carry the kind and
quantity of traffic such use would generate, and
2. By other public or private service facilities as are required.
THE EXISTING SITE IS ADEQUATELY SERVED BY HIGHWAYS OR STREETS
OF SUFFICIENT WIDTH AND BY OTHER PUBLIC AND PRIVATE SERVICE
FACILITIES AS ARE REQUIRED.
V That there are special circumstances or exceptional characteristics applicable to the property involved, such
as size, shape, topography, location or surroundings, which are not generally applicable to other properties
in the same vicinity and under identical zoning classification.
THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY
INVOLVED.
E. That such variance is necessary for the preservation of a substantial pro, ..y right of the applicant such
as that possessed by owners of other property in the same vicinity and zone. '
SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION OF A
SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT.
F. That the granting of the variance will not be materially detrimental to the public welfare or be injurious
to other property or improvements in the same vicinity and zone.
THE GRANTING OE THE VARIANCE WILL NOT BE DETRIMENTAL TO
THE PUBLIC WELFARE OR BE INJURIOUS TO OTHER PROPERTY OR
IMPROVEMENTS IN THE SAME VICINITY AND ZONE.
J
Lr: rLDG.,
'90' JUN 18 P 2 :19
Variance Case No. 96-1 -Burden of Proof
Question A 1-3
The University of Phoenix is requesting one additional sign that is in total
compliance with all sign criteria for the area except for the restriction on multiple
signs for the same user on the same elevation. An additional sign in no way
adversely affects the health, peace, comfort or welfare of anyone in the area nor is
an additional sign detrimental to the use, enjoyment or valuation of any other
properties in the vicinity. Furthermore a sign that is in full compliance with all
design criteria does not jeopardize, endanger of constitute any menace to public
health, safety or welfare.
Question B.
The building is -constructed on lots 8 & 9 of Gateway Corporate Center, which was
approved for a total of 6 sign in designated locations in the original sign program.
The building currently has 3 signs in place and the proposed sign by the University
of Phoenix will replace one of these existing signs. There are no size or shape
restrictions which would preclude the proper installation of this sign.
Question C 1-2
The building was built in 1989 and all necessary improvements and facilities are in
place.
*96 JUN 18 P 2 :20
Question D.
The design of the building contains an offset of 12 feet on either end of the
building whereby the glass face of the building extends out 12 feet and blocks
visibility of the entrances to the building and visibility of approved sign locations.
This offset in essence creates a separate elevation with separate entrances on each
end of the building.
The University of Phoenix has two departments with different functions at each end
of the building and also occupies space on both the first and second floors of the
building. The additional sign is needed to direct visitors to the entrance closest to
the administrative offices on the south end. This entrance is not visible from the
north entrance due to the offset of the building.
Furthermore, the Owner of the building and the Gateway Corporate Center Sign
Plan do not allow signage on the other elevations of the building nor will they allow
signs on the glass section of the wall on the elevation facing Valley Vista Drive.
This fact prohibits the University of Phoenix from placing the additional sign on a
portion of the building that we occupy.
Therefore, because of the design limitations and the restrictions placed by the
Owner, the only means available to satisfy the sign requirements of the University
of Phoenix is to place an additional sign at the opposite side of the glass wall
section to ensure visibility from both ends of the parking lot. This is the only
location approved by both the building Owner and the Gateway Corporate Center
sign plan.
'96 JUN 18 ? 2 *20
QueAiotl E.
The University of Phoenix occupies nearly 35% of the building and attracts in
excess of 200 visitors per day. The additional sign will facilitate the flow of traffic
that may be restricted by the limitations that the design of the building places on the
visibility of the existing signs.
The existing sign that will be replaced (ReMax Realty) belongs to a former tenant of
the building that occupied the same space in the building that the University of
Phoenix presently has their administrative offices. This sign location has been
designated by the Owner to serve the offices on the east side of the building which
do not front on the west side, where all approved sign locations are designated.
The building to the north of the subject building at 1360 Valley Vista Drive has two
signs for the same occupant of that project, which is Bryan A. Stirrat & Associates.
These signs are located on two different elevations of the building, however the
building has a flat face and visibility from the same elevation is not a problem. As
stated in D above, the design of the subject building is such that two signs on the
same elevation axe not necessarily visible from the driveway entrances to the
property thus creating difficulty for our visitors to find the appropriate entrance.
Question F.
The granting of a variance for an additional code compliant sign for the University
of Phoenix in a location that has been approved for a sign, on an elevation that is
set apart by a major structural offset and that is replacing an existing sign of a
former occupant of the building that may not be in compliance does not present any
detriment to the public welfare or is in any way injurious to other properties in the
vicinity. As stated above the building at 1360 Valley Vista Drive has two signs for
the same use and has not been deemed to be a detriment or injurious to others.
INITIAL STUDY QUESTIONNAIRE
A. GENERAL INFORMATION
Project Applicant (Owner): Project Representative:
NAME
�r
ADDRE S
PHONE #
1. Action requested and
NAME
ADDRESS
PHONE #
description: Ci r&
• Staff Use
Project No.
2. Street location of project: a, D -y'
3 a. Present use of site: �.� c S �, �� 1� 1+�.�� P \ u
3b. Previous use of site or structures:
4. Please list all previous cases
(if any) related to this project:
5. Other related permitlapprovals required.
Specify type and granting agency. I a
1
Are you planning future phases of this project? Y N}
If yes, explain: N t-
7. Project Area:
Covered by structures, paving:
Landscaping, open space:
Total Area:
8. Number of floors:
9. Present zoning:_
10. Water and sewer serviTY
PDblicSe
Does service exist at site? OYN
If yes, do -purveyors have
capacity to meet demand of
project and all other approved
projects? N
If domestic water or public sewers are not -available, how wilt these services be provided?
Residential Projects:
11. Number and type of units: l�✓ l ►� l
12. Schools:
What school district(s) serves the property?
Are existing school facilities adequate to meet project needs?
YES NO
If not, what provisions will be made for additional classrooms?
Non -Residential projects:
13.
Distance to nearest residential use or sensitive use (school, hospital, etc.)
Ala m,l �
14.
Number and floor area of buildings:
15.
Number of employees and shifts: �)
Oc) ,{% G� pin
16.
Maximum employees per shift:
17.
Operating hours: a ��
18.
Identify any: End products
r\ c� P
Waste products
roc)-+ k-
Means of disposal
k2
19.
Do project operations use,,store or produce hazardous substances such as oil, pesticides, chemicals, paints,
or radioactive ls?
YES NO
If yes, explain
1.
B. ENVIRONMENTAL INFORMATION
0
Environmental Setting —Project Site (�r
a. Existing use/structures
b. Topographylslopes , , L t r2- d e�" e4
*c. Vegetation \ k— ::Lc Q .e
*d. Animals
*e.
f.
9.
Watercourses I
Cultural/historical resources�—
Other
2. Environmental Setting — Surrounding Area
a. Existing uses structures (types, densities):
b. Topography/slopes
*c. Vegetation N,
*d. Animals
*e. Watercourses
f. Cultural/historical resources (
g. Other tj
"' .. 20. Do your operations require any pressurized tanks?
YES (ZO
If yes, explain
21. Identify any flammable, reactive or explosive materials to be located on -site.
22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? .
YES NO
If yes, explain
t --
3. Are there any major trees on the site, including oak trees?
YES NO_)
/
If yes, type and number.
4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?:
YES (Zo)
If yes, explain:
5. Grading:
Will the project require grading? YES
If yes, how many cubic yards?
Will it be balanced on -site?
YES NO V
If not balanced, where will dirt be obtained or deposited?
6. Are there any identifiable landslides or -other major geologic hazards on the property (including
uncompacted fill"'
YES CNO)
If yes, explain:
7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)?
YES CNO
Distance to nearest fire station:
8. Noise: IInn
Existing noise sources at site:
Noise to be generated by project:
Fumes:
Odors generated by project:
--
Could toxic fumes be generated?
9.. What energy -conserving designs or material will be used? i n
CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present
the data and information required for this initial evaluation to the best of my ability, and
that the facts, statements, d information presented are true
e and correct to the best of
MY ow edge and 7"1
'WIX
M I a ( UFA MAMW 60wwwr)
ate Si
For: UNIVERSITY OF PHOENIX -
CITY OF 01A'10}
PLING.. 8L0G.. E;;:,:;.
rif
Universy of
Phoenix
WALL
FACE5 &
STAND-OFF
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o ° 0
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'96 JUN 18 P4J j:2,Universiof
WALL
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o ° o
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EXHP3IT_a__�&z�y�
I)Lt�III Il BAR,
bL"NOTICE OF PUBLIC
City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 (909) 396-5676
TO: Property Owners within a 500 foot radius of subject site
FROM: City of Diamond Bar, Community Development Department
NOTICE IS HEREBY GIVEN, pursuant to State law, that a public hearing will be held by the City Council 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 TIME OF HEARING: Tuesday, September 3, 1996 7:00 P.M.
PLACE OF HEARING: South Coast Air Quality Management District Auditorium
21865 E. Copley Drive,
Diamond Bar, CA 91765
SUBJECT: Appeal of Variance No. 96-1
REQUEST: Variance No. 96-1, (pursuant Chapter 22.60 - Part 5), is a request appealing the Planning Commission's decision of
denial for a second wall sign, approximately 32.5 square feet in area, on the north side of a building which the applicant occupies.
PROPERTY ADDRESS: 1370 Valley Vista Drive, Diamond Bar, CA 91765
OWNER: Trammell Crow, 18529 E. Gale Ave., Industry, CA 91748
APPLICANT: University of Phoenix, 4615 E. Elwood, Phoenix, Az. 85072
ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the
City has determined that this project is Categorically Exempt pursuant to § 15311(a).
AREA MAP:
North Subject Site
(not to scale)
Published in:
San Gabriel Valley Tribune: August 13, 1996
Inland Valley Daily Bulletin: August 13, 1996
If you are unable to attend the public hearing, but wish to send
written comments, please write to the City of Diamond Bar
Community Development Department at the address given below.
To preview case materials or for further information on this subject
please contact the Community Development Department 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 City Clerk 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 Community Development Dept., 21660
Copley Dr., Ste. 190, Diamond Bar, CA 91765
0
-LEGALS-
from Marilyn Ortiz, Diamond Bar Planning (909) 396-5676
PLEASE ADVERTISE ON TUESDAY, AUGUST 13,1996
NOTICE OF
PIIBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council 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:
Variance No. 96-1, (pursuant Chapter 22.60 - Part 5), is a request
appealing the Planning Commission's decision of denial for a second wall
sign, approximately 32.5 square feet in area, on the north side of a
building which the applicant occupies.
PROJECT ADDRESS: 1370 Valley Vista Drive, Diamond Bar, CA 91765
PROPERTY OWNER: Trammell Crow, 18529 E. Gale Ave., Industry, CA 91748
APPLICANT: University of Phoenix, 4615 E. Elwood, Phoenix, Az. 85072
Environmental Determination: Pursuant to the provisions of the
California Environmental Quality Act (CEQA), the City has determined
that this project is Categorically Exempt, pursuant to § 15311 (a).
I,f you are unable to attend the public hearing, but wish to send written
comments, please write to the Diamond Bar Community Development Department at
the address given below. You may also obtain additional information
concerning this case by 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 else raised at the public hearing
described in this notice, or in written correspondence delivered to the City
Clerk at, or prior to, the public hearing.
TIME OF HEARING: 7:00 p.m.
DATE OF PUBLIC HEARING: Tuesday, September 3, 1996
LOCATION: South Coast Air Quality Management District
Auditorium
21865 E. Copley Drive
Diamond Bar, California 91765
CASE MATERIALS: Are available for review between 8:00 a.m. and 3:00 p.m. at
the City of Diamond Bar Community Development Department, 21660 Copley Drive,
Suite 190, Diamond Bar, CA 91765.
•
NOTICE OF PUBLIC HEARING
City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 (909) 396-5676
0: Property Owners within a 500 foot radius of subject site
ROM: Community Development Dept., City of Diamond Bar
OTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the Planning Commission to determine
hether or not the subject request(s) shall be approved under the provisions of State Law and the City of Diamond Bar Zoning Code
follows:
ATE AND TIME OF HEARING: Monday, July 22, 1996 7:00 p.m.
LACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium
21865 E. Copley Drive, Diamond Bar, CA 91765
JBJECT: Variance No. %-1
EQUEST: Variance No. 96-1, (pursuant to Code Section 22.56, Part 2), is a request to install a
second wall sign, approximately 32.5 square feet in area, on the north side of a building
which the applicant occupies
tOJECT ADDRESS: 1370 Valley Vista Drive, Diamond Bar, CA 91765
PPLICANT: University of Phoenix, 4615 E. Elwood, Phoenix, Az. 85072
tOPERTY OWNER: Trammell Crow, 18529 E. Gale Ave., Industry, CA 91748
4VVIRONMENTAL DETERMINATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has
termined that this project Categorically Exempt, pursuant to § 15311 (a).
AREA MAP:
North Subject Site
(— to -ak)
bushed in:
n Gabriel Valley Tribune: July 11, 1996
,and Valley Daily Bulletin: July 11, 1996
you are unable to attend the public hearing, but wish to send
ritten comments, please write to the City of Diamond Bar
)mmunity Development Department at the address given below. To
-eview case materials or for further information on this subject
ease contact the Community Development Department at (909)
)6-5676.
P you challenge this application and project in court, you may
e limited to raising only those issues you or someone else raised
t the public hearing described in this notice, or in written
3rrespondence delivered to the Planning Commission at, or
rior to, the public hearing.
kSE MATERIALS are available for review between the hours of
i. m. and 3 p.m., at the Community Development Dept., 21660
pley Dr., Ste. 190, Diamond Bar, CA 91765
(Space below for use of Coy Clerk only)
SAN GABRIEL VALLEY TRIBUNE
1210 N . Azusa Canyon Road
West Covina, CA 91790
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
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-entited matter. I am the principal clerk of
the printer of SAN GABRIEL VALLEY TRIBUNE, a
newspaper of general circulation printed and
published daily in the City of West Covina, County
of Los Angeles, and which newspaper has been
adjudged 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. The notice, of which the
annexed is a true printed copy, has been published
in each regular and entired issue of said newspaper
and not in any supplement thereof on the following
dates, to wit:
7/11/96
I declare under penalty of perjury that the
foregoing is true and correct.
Executed at West Covina, LA Co. California
this _11day of 7 rr,Y , 19 gjE—
o
signature
11
A 1/
Proof of Publication of
•
•
- PROOF OF PUBLICATION
(201 S.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles
I, Nancy Paisley do hereby declare that I am a citizen oft,
the United States; I am over the age of eighteen years, 4-
and not a party to or interested in the below -entitled %�U/
matter. I am the Legal Advertising Clerk of the
INLAND VALLEY DAILY BULLETIN
(Formerly the Progress Bulletin)
A newspaper of general circulation, published daily in the
City of Pomona, County of Los Angeles, State of
California, and which has been adjudged a newspaper of
general circulation by the Superior Court of the County
of Los Angeles, State of California, under the date of June
15, 1945, Decree No. Pomo C-606; that the notice, of
which the annexed is a printed copy (set in type not
smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
July 11, 1996
I declare under penalty of perjury that the foregoing is
true and correct.
Dated: July 11, 1996
?Signature
Proof of Publication of:
NOTICE OF PUBLIC HEARING
CITY OF DIAMOND BAR
NOTICE: IS HEREBY
iIVEN sty T}tE city OF
IIAMOND BAR that the
tanning Commission will
on'duct ffi public iWarthq on
he fell Item to4kiar.
wine whether or .slot ;thy
ubtect request shoo be
im�pproved under the provio
"of g,gr�ate law and the
illy of Diamo" Bar's zon.
n crde:
a7Esrsce No. gli
of to Code Sectl2.35��
art 2) is a request ,ta instant
Xsecond wall sign, appproxi.
nately 32.$ square. icet in
yea, on the north old* of a
uilding which the applicant
aw, IN 7 1 / 0-,
PROPERTY OWNER: Tram-
mel Crow, 18529 E. Galo
Ave., Industry, CA 91748
APPLICANT: University of
Phoenix, 4615 E. Elwood,
Phoenix, AZ 85072
ENVIRONMENTAL
DETERMINATION: Pursuant
to the provisions. of the Cali-
fornia Environmental Quality
Act (CEQA), the City has
determined that this project
is Categorical lIy Exempt, pur-
suant to § ISA I (a).
If you are unable to
attend the public hearing,
but wish to . send written
comments, please write to
the Diamond Bar Community
Development Department at
the address given below. You
may also obtain additional
Information concerning this
case by phoning (909)
396-3676.
If you challenge this
application and pro*t 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 1n written cor.
respondence delivered to the
Planning Commission at, or
prior to, the p�boIt hearing.
TIME OF MEETING:
7:00 p.m.
DATE OF PUSLIC HEARING:
Monclm July 22, 1996
LOCATION: south Coast Air
Quality Management District
4uditorium1 21865 E. Copley
Dr., Diamond Bar, California
91765
CASE MATERIALS: Are avail-
able for review between 8:00
s.m. and 3:00 pp.rn., at the
Gty of Diamond. Bar C9m-
'nunity Development Depart.
nent, 21660 Copley Drive,
Suite 190, Diamond Bar, CA
Pub: 7/11/19"96 0301343�
WFIDAVIT OF ACCEPTANS
. h -11a1"
11
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
'96 GOT 2 7":18
VARIANCE NO. 96-1
[I] [WE] the undersigned state:
[I am] [We are] the owner of the real property described in the above -numbered Variance.
[I am] [We are] aware of, and accept, all the stated conditions in said Variance No. 96-1 .
[I] (We] certify (or declare) under the penalty of perjury that the foregoing is true and correct.
(Where the owner and applicant are not the same, both must sign)
Type or Print
Applicant Name's dl/t'� iI�d lY� �iTd-i
Address isr ew i &Z-&"
City, State `.ef .` /
S' atur/,Mfkd*
Owner Name
Address
City, State
Signature
This signature must be acknowledged by a notary public. Attach appropriate acknowledgements.
STATE OF ARIZONA )
)ss.
County of Maricopa )
On this /5 — day of 46tQ , 1996, before me, the undersigned Notary Public in
and for said State, personally appeared A m known to me to be
the person whose name is subscribed to the foregoing instrument as G�j-,�of
THE UNIVERSITY OF PHOENIX, an Arizona corporation, and acknowledged to me that
he/she executed the same on behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official stamp the
day and year of this certificate first above written.
Notary Public for Arizona
Mp191■I�8�MY600 Printed Name: Barbara Bausch
F11
My Commission Expires: d
PE in
i
City of Diamond Bar
PLANNING COMNIISSION
Staff Report
AGENDA ITEM NUMBER: 6.1
REPORT DATE: July 5, 1996
MEETING DATE: July 22, 1996
CASE/FILE NUMBER: Variance No. 96-1
APPLICATION REQUEST: A Variance to install a
second wall sign on the
northerly facade of a
commercial building.
PROPERTY LOCATION: 1370 Valley Vista Drive
Diamond Bar, CA 91765
PROPERTY OWNER: Trammell Crow
18529 E. Gale Avenue
Industry, CA 91748
APPLICANT: Robert McNichols
University of Phoenix
4615 E. Elwood
Phoenix, AZ 85072
BACKGROUND:
The property owner, Trammell Crow and applicant, University of
Phoenix are requesting a Variance approval (pursuant to Code
Section 22.56, Part 2) to install a second wall sign on the
northerly facade of a commercial building which the applicant
occupies.
The project site is located at 1370 Valley Vista Drive (Lot 8 and
9, Tract 39679) within a commercial development identified as
Gateway Corporate Center. It has a General Plan land use
designation of Professional Office (OP). It is within Commercial
-Manufacturing-Billboard Exclusion -Unilateral Contract(C-M-BE-U/C)
Zone. Generally, the following zones and uses surround the project
site: to the north is the Orange (57) and Pomona (60) Freeway
interchange; to the south and East is the C-M-BE-U/C Zone; and to
the west is the Orange Freeway and the C-M-BE-U/C Zone.
1
project site has two points of ingress and egress, approximately
444 feet apart, adjacent to Valley Vista Drive. The applicant
believes that this building's design, which creates a 12 foot deep
glass block projection (on the northerly facade), impedes
visibility to the building's entrances and the existing wall sign.
The applicant feels that this project creates separate elevations,
with separate entrances for each end of the building. Furthermore,
the applicant states that the University of Phoenix has two
departments with different functions at each end of the building.
The resource center is at the building's east end where the
existing wall sign is located. Classrooms are in the middle of the
building. Administrative offices are at.the building's west end.
Therefore, the applicant feels a second wall sign is needed to
direct visitors to the administrative office's closest entrance on
the building's west end. The applicant also states that the
property owner will not allow wall signs on the building's other
facades. Therefore, because of the property owner's restrictions
and according to the applicant, the building's design limitations,
the only means available to satisfy the University of Phoenix's
sign requirements is to place a second wall sign in the proposed
location ensuring visibility from both ends of the parking lot.
The applicant feels that the second wall sign will facility traffic
flow restricted by the building's design.
The Variance procedures is established to permit modification of
development standards as they apply to particular uses when
practical difficulties, unnecessary hardships, or results
inconsistent with the general purposes of the City's Planning and
Zoning Code develop through the strict literal interpretation and
enforcement of Code. A Variance may be granted to permit the
modification of several development standards including signs.
Pursuant to the City's Sign Ordinance, building frontage is defined
as "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 permitted signage." This
definition does not make a distinction between varying planes on
the same frontage and the lineal extent of the building. The
projection creates separate planes on the building's frontage, but
not separate frontages.
The City understands the University of Phoenix's need to identify
the location of its different departments and functions for site
visitors. However, an additional wall sign located approximately
27 feet above ground level, with the proposed copy, will not
fulfill this need. Staff believes that appropriate signage closer
to eye level would be an appropriated solution to the applicant's
stated problem.
Staff has visited the project site and traveled routes mostly
likely utilized by site visitors. The most likely utilized freeway
exits are Grand Avenue and Brea Canyon Road at Golden Springs
Drive. At these points, the subject building is not visible. From
any of the freeway exits, traveling Golden Springs Drive will allow
3
• 0
above ground level.
The City's Sign Ordinance states that when more than one wall sign
is proposed for a multi -use building, is subject to the Planning
Commission's review and approval. If the Planning Commission finds
it appropriated to approve this second wall sign, a Planned Sign
Program must be presented to the Commission for review and
approval.
ENVIRONMENTAL ASSESSMENT:
The environmental evaluation shows that the proposed project is
categorically exempt pursuant to the guidelines of the California
Environmental Quality Act (CEQA), Section 15311 (a).
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin
and the San Gabriel Valley Tribune on July 11, 1996. Public
hearing notices were mailed to approximately 25 property owners
within a 500 foot radius of the project site on July 9, 1996.
RECOMMENDATIONS:
Staff recommends that the Planning Commission deny Variance No. 96-
1.
REQUIRED VARIANCE FINDINGS:
1. That because of special circumstances or exceptional
characteristics applicable to the property, the strict
application of the code deprives such property of privileges
enjoyed by other property in the vicinity and under identical
zoning classification; and
2. That the adjustment authorized will not constitute a grant of
special privilege inconsistent with the limitations upon other
properties in the vicinity and zone in which the property is
situated; and
3. That strict application of zoning regulations as they apply to
such property will result in practical difficulties or
unnecessary hardships inconsistent with the general purpose of
such regulations and standards; and
4. That such adjustment will not be materially detrimental to the
public health, safety or general welfare, or to the use,
enjoyment or valuation of property of other persons located in
the vicinity.
5
• 0
A.
PLANNING COMMISSION
RESOLUTION NO. 96-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR DENYING VARIANCE NO. 96-1,
A REQUEST TO INSTALL A SECOND WALL SIGN ON THE
NORTHERLY FACADE OF AN EXISTING COMMERCIAL
OFFICE BUILDING LOCATED WITHIN GATEWAY
CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE
(LOTS 8 AND 9, TRACT 39670) AT 1729 DERRINGER
LANE (LOT 6, TRACT 24046), DIAMOND BAR,
CALIFORNIA.
RECITALS.
1. The property owners, Trammell Crow and applicant,
University of Phoenix, have filed an application for
Variance No. 96-1 located within Gateway Corporate Center
at 1370 Valley Vista Drive, Diamond Bar, Los Angeles
County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the
subject Variance shall be referred to as the "Applica-
tion".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. -On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
July 22, 1996 conducted a duly noticed public hearing on
the Application.
5. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on July 11, 1996.
Twenty-five property owners within a 500 foot radius of
the project site were notified by mail on July 9, 1996.
M
0 404p,
e
(g) The strict application of zoning regulations'.y
including the City's Sign Ordinance, as they apply
to the property, will not result in practical
difficulties or unnecessary hardships inconsistent
with the general purpose of such regulations and
standards. In this case, the strict literal
interpretation of the City's Sign Ordinance does not
result in inconsistencies with the Ordinance's
general purpose; nor does it create uncessary
hardship because the applicant can utilize
alternative signage, offered in the Sign Ordinance,
to accomplish its identification goals as stated in
the submitted project application.
(h) The Variance's approval may be materially detri-
mental to the public health, safety, or general
welfare, or to the use, enjoyment or valuation of
property of other persons located in the vicinity.
The applicant's intent is to provide signage that
will facilitate vehicular and pedestrian traffic
flow on site. The second wall sign's proposed
location is not at eye level. It will be 27 feet
above ground level. Signage at that height does not
facilitate vehicular and pedestrian traffic but may
create an unsafe condition as drivers and pedes-
trians seek directional signage/use identification
at eye level.
3. Based on the findings and conclusions set forth above,
the Planning Commission hereby denies the Application.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Robert McNichols,
University of Phoenix, 4615 E. Elwood, Phoenix, Az
85072; Trammell Crow, 18529 E. Gale Avenue,
Industry, CA 91748.
APPROVED AND ADOPTED THIS 22ND DAY OF JULY, 1996, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Mike Goldenberg, Chairman
3
crryff DIAMOND BAR case# " q 6 -1
COMMMITY DEVELOPMENT DEPARTMENT Dad Rec'd S 2-
21660 E. Copley Drive Suite 190 Fee $ 40(
(909)396-5676 Fax (909)861-3117 Receipt# 0,A d
VARIANCE APPLICATION By
Record Owner
Name
(Last name first) CC
Address S � L-
city 't -Jc �4 c k
zip il 7
Phone(
Applicant
K �) , C�AS Q 7"n eA
Phone( �) ! b 6 -S 3 7 V
G-zS Sac v i c e s
Applicant's Agent
_ Fn,-i-�e 11 Ma\,C)�,
Gast name first)
s 1Ay C v,4ecce- N-
6u C9
I W a -
Phone( ) & / V
NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change
of the principals involved during the processing of this case.
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and
directors of corporations.)
Consent: I certify that I am the owner of the herein described property and permit the applicant to file this
request.
Signed SEE ATTACHED
(All record owners)
Date
Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is
correct to the best of my knowledge.
Printed N e �� t t
(A plicant o Agent a
Sign Date
Appli t or Aln
Location U
address or tract and lot number)
between and
1 q w�
Street) LV _ (Street)
Zoning s ��v�� l�l�t T HNM `'1 jot !1_t r fl f q
Project Size (gross acres) ��-t-� `1��dC��1{ Project Density
Previous Cases
Present Use of Site J}1-1 L-e, M ',4 1 �~ + Z� a
Use applied for . C CA ,nn P
•. I c�N.� � .... ,..._... .... ...-. ..._ ... .... ........�..c.-�--.........._._........----�...—�.--ter.-.:..'.. ...._.
CITY OF DIAMOND BAR Caself i%&Ar,�
CO'ADIUNY Y DEVELOPINXNT DEPARTMENT Date Reed
21660 E. Copley Drive Suite 190 Fee $
(909)396-5676 Fax (909)861-3117 Re =iptli
VARIANCE APPLICATION 13
_ Record Qwger
1CIPP n Prrx-ties
Name ,'3birt-V
(Las! name first}�
Address 18529 E_ le Aya.a-
City Y�
91748
Zip —
Applicant Applicant's Agent
lhi. � PYQMJix _air 7n 4mir.nT= swaQ�3
(Last name 8nt) (Last name .first)
-405-Eft ELymL met-._.. 512n amm=e
p!!jx, AZ Ralr3ain Pads, CA
85072_2069 1706
Phone( )!81"12-38]2 Phone( ) 602-%6-5394 _ Phone( ) 83B.j
NOTE: It is tho rf plicar is responnibility to notify the Community Development Director in writing of any change
of the principals involved during the processing of this case.
(Attach senaiatc she'd; if necessary, including names, addresses, s.nd signatures of limbers of partnerships, joint ventures, and
directory of corporations.)
Consent. I ceaVy that I am the owner of the herein described property and permit the applicant to file this
request.
Signed_. _ _Date 12�
(All record owners)
c ? ri st-i a smith, Ttammeu cav So. Cal., Inc- as agent Rr Tap n Prcpertie s Joint venture
Certification. b, the u-utersigned, hereby certVy underpenalty of perjury that the 14ormation herein provided is
corms to the best of my knowledge.
Printed Name
S i gned_ _ -- -
Location
between
(Applicant or Agent)
(Applicant or Agent)
(street address or tract and lot number)
(street}
Zoning-___________
Project Size(gross acres) _
Previous Cases
Present Use of Site
Date
Date
and
1N
Project Density
(Strcot)
Use appEod for -
That such variance is netry for the preservation of a substantial pro* right of the applicant such
as that possessed by owners of other property in the same vicinity and zone. 11
SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION OF A
SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT.
F. That the granting of the variance will not be materially detrimental to the public welfare or be injurious
to other property or improvements in the same vicinity and zone.
THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO
THE PUBLIC WELFARE OR BE INJURIOUS TO OTHER PROPERTY OR
IMPROVEMENTS IN THE SAME VICINITY AND ZONE.
r Lief .. BL0G., E-';,;,.
'96 JUN 18 ° 2 :20
Question D.
The design of the building contains an offset of 12 feet on either end of the
building whereby the glass face of the building extends out 12 feet and blocks
visibility of the entrances to the building and visibility of approved sign locations.
This offset in essence creates a separate elevation with separate entrances on each
end of the building.
The University of Phoenix has two departments with different functions at each end
of the building and also occupies space on both the first and second floors of the
building. The additional sign is needed to direct visitors to the entrance closest to
the administrative offices on the south end. This entrance is not visible from the
north entrance due to the offset of the building.
Furthermore, the Owner of the building and the Gateway Corporate Center Sign
Plan do not allow signage on the other elevations of the building nor will they allow
signs on the glass section of the wall on the elevation facing Valley Vista Drive.
This fact prohibits the University of Phoenix from placing the additional sign on a
portion of the building that we occupy.
Therefore, because of the design limitations and the restrictions placed by the
Owner, the only means available to satisfy the sign requirements of the University
of Phoenix is to place an additional sign at the opposite side of the glass wall
section to ensure visibility from both ends of the parking lot. This is the only
location approved by both the building Owner and the Gateway Corporate Center
sign plan.
' Staff Use
Project No.
WIT AL STUDY QUESTIONNAIRE
A. GENERAL INFORMATION
Project Applicant (Owner): Project Representative:
NAME
J U 4i
ADDRE S
1.
2.
3a
3b
4.
5
PHONE #
NAME
ADDRESS
PHONE #
Action requested and project description: r�
I n n A
Street location of project: 17J
Present use of site:
Previous use of site or structures:_ NI/ 4-- J
Please list all previous cases
(if any) related to this project:
Other related permit/approvals required.
Specify type and granting agency. I
6. Are you planning future phases of this project? Y N
If yes, explain: N
7. Project Area:
Covered by structures, paving:
Landscaping, open space:
Total Area:
8. Number of floors:
9. Present zoning:
B. ENVIRONMENTAL INFORMATION '
1. Environmental Setting —Project Site
a. Existing use/structures nn u �t �y.�nGi a� ter c-.,o
b. Topography/slopes ,, e�a g4
*c. Vegetation T v L544-y- - - C2.0
*d. Animals
*e. Watercourses
f. Cultural/historical resources 10 �—
g. Other
2. Environmental Setting — Surrounding Area
a. Existing uses structures (types, densities):
r
b. Topography/slopes f_\
*c. Vegetation
*d. Animals
*e. Watercourses {�� �-
f. Culturallhistorical resources(
g. Other
% Are there any major trees on the site, including oak trees?
YES NO
If yes, type and number: j f �-
4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?:
YES (Zo)
If yes, explain:
5. Grading:
Will the project require grading? YES NO '
If yes, how many cubic yards?
Will it be balanced on -site? YES NO V v
If not balanced, where will dirt be obtained or deposited?
6. Are there any identifiable landslides or other major geologic hazards on the property (including
uncompacted fill)?
YES CNO')
If yes, explain:
7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)?
YES (7NO")
Distance to nearest fire station:
8. Noise:
Existing noise sources at site: l v 1 Y
Noise to be generated by project:
Fumes:
Odors generated by project: ,/--
Could toxic fumes be generated? JJJ
9.. What energy -conserving designs or material will be used? R r�
i7
•1
GATEWAY CORPORATE CENTER ASSOCIATION
1661 HANOVER ROAD • CITY OF INDUSTRY, CALIFORNIA 91748 • FAX (818) 913-6169 • TELEPHONE (818) 913-0030
February 15, 1996
Mr. Bob Burney
MANAGEMENT CONSULTANT
12120 North Seventy -Sixth Place
Scottsdale, Arizona 85260
RE. ARCHITECTURAL COMMITTEE REVIEW
EXTERIOR BUILDING SIGNAGE
UNIVERSITY OF PHOENIX
1370 SOUTH VALLEY VISTA DRIVE
DIAMOND BAR, CALIFORNIA
Dear Mr. Burney:
via fax (602) 443-0758
and regular mail
The Architectural Committee has received an 81/2" x 14" sign drawing, prepared by
"FLUORESCO", dated November 22, 1995, submitted for review and approval for
conformance with the Gateway Corporate Center Design Guidelines.
The sign consists of the words "UNIVERSTTY OF PHOENIX" on one line 91/Y inches high x 20
feet long, constructed of black aluminum reverse pan channel letters with white neon "halo"
internal illumination.
The proposed sign will be identical to the existing University of Phoenix sign,and thus the
University of Phoenix will have two of the six signs permitted for this building in our sign
interpretation letter of August 10, 1989.
The Architectural Committee approves the sign as submitted. Please obtain approval from
the City of Diamond Bar and the building owner, Trammel Crow Realty Advisors, prior
to installation. Enclosed are two approved stamped copies of the sign drawing, dated
February 14, 1996.
Very truly yours,
THE ARCH=
, A.I.A., Member
cc: Ben Reiling
Byron Pinckert, Member
Carol Truman, Trammel Crow Reality Advisors
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PLANNING COMMISSION
RESOLUTION NO. 96-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR DENYING VARIANCE NO. 96-1,
A REQUEST TO INSTALL A SECOND WALL SIGN ON THE
NORTHERLY FACADE OF AN EXISTING COMMERCIAL
OFFICE BUILDING LOCATED WITHIN GATEWAY
CORPORATE CENTER AT 1370 VALLEY VISTA DRIVE
(LOTS 8 AND 9, TRACT 39670), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owners, Trammell Crow and applicant,
University of Phoenix, have filed an application for
Variance No. 96-1 located within Gateway Corporate Center
at 1370 Valley Vista Drive, Diamond Bar, Los Angeles
County, California, as described above in the title of
this Resolution. Hereinafter in this Resolution, the
subject Variance shall be referred to as the "Applica-
tion".
t
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
.22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. Action was taken on the subject
application as to the consistency with the General Plan.
It has been determined that the proposed project is
consistent with the General Plan.
4. The Planning Commission of the City of Diamond Bar on
July 22, 1996 conducted a duly noticed public hearing on
the Application.
5. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on July 11, 1996.
Twenty-five property owners within a 500 foot radius of
the project site were notified by mail on July 9, 1996.
1
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I, `James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 22nd day of July, 1996,
by the following vote:
ATTEST:
AYES: Goldenberg, Ruzicka, McManus, Fong
NOES: Schad
ABSENT: None
ABSTAIN: None
DeStefakio, Secretary
(g) The strict application of zoning regulations
including the City's Sign Ordinance, as they apply,
to the property, will not result in practical
difficulties or unnecessary hardships inconsistent
with the general purpose of such regulations and
standards. In this case, the strict literal
interpretation of the City's Sign Ordinance does not
result in inconsistencies with the Ordinance's
general purpose; nor does it create uncessary
hardship because the applicant can utilize
alternative signage, offered in the Sign Ordinance,
to accomplish its identification goals as stated in
the submitted project application.
(h) The Variance's approval may be materially detri-
mental to the public health, safety, -or general
welfare, or to the use, enjoyment or valuation of
property of other persons located in the vicinity.
The applicant's intent is to provide signage that
will facilitate vehicular and pedestrian traffic
flow on site. The second wall sign's proposed
location is not at eye level. It will be 27 feet
above ground level. Signage at that height does not
facilitate vehicular and pedestrian traffic but may
create an unsafe condition as drivers and pedes-
trians seek directional signage/use identification
at eye level.
3. Based on the findings and conclusions set forth above,
the Planning Commission hereby denies the Application.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, Robert McNichols,
University of Phoenix, 4615 E. Elwood, Phoenix, Az
85072; Trammell Crow, 18529 E. Gale Avenue,
Industry, CA 91748.
APPROVED AND ADOPTED THIS 22ND DAY OF JULY, 1996, BY THE
PLANNING COMMISSI7 THE CITY OF DIAMOND BAR.
BY:. , Z /
Mike (Goldenbercf/. Chairman
B. Resolution.
NOW, THEREFORE, it is. found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a 5.94 gross acres site
developed with an 84,000 square foot, two story,
multi -tenant commercial office building. acres
(1.23 net acres). The project site is located
within Gateway Corporate Center at 1370 Valley Vista
Drive, Diamond Bar, California.
(b) The project site is zoned Commercial -Manufacturing -
Billboard Exclusion -Unilateral Contract (C-M-BE-
U/C). It has a General Plan land use designation of
Professional Office (OP).
(c) Generally, the following zones and uses surround the
project site: to the north is the Orange (57) and
Pomona (60) Freeway interchange; to the south and
.East is the C-M-BE-U/C Zone; and to the west is the
Orange Freeway and the C-M-BE-U/C Zone.
(d) The proposed Variance is a request to install a
second wall sign with a sign face area of 32.5
square feet. Its installation location is
approximately 27 feet above ground level, on the
subject office building's northerly facade.
(e) There are no special circumstances or exceptional
characteristics applicable to the property. The
strict application of the code does not deprive the
subject property of privileges enjoyed by other
properties in the vicinity and under identical
zoning classification. Other properties in the
vicinity, under identical zoning classification have
the same or similar lot configuration and
topography. Additionally these properties have
buildings with a similar architectural style as the
subject building.
(f) The Variance's approval will constitute a grant of
special privilege inconsistent with the limitations
upon other properties in the vicinity and zone in
which the property is situated. The applicant is
creating its own hardship by not utilizing other
types of signage offered by the City Sign Ordinance
which would be an appropriate solution to the.
applicant's stated problem.
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UNIVERSIrY OF PHOENIX
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CERTIFICATION: T hereby certify that the statements furnished above and in the attached exhibits present
the data and information required for this initial evaluation to the best of my ability, and
that the facts, statements, d information presented are 1 true and correct to the best of
my ow edge and be '
10100
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For: UNIVERSITY OF PHOENIX
21. Identify any flammable, reactive or explosive materials to be located on -site.
01 �=
22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway9.
YES NO
If yes, explain
10. Water and sewer service: ,
DomesticrblicWater ers l
Does service exist at site?
If yes, do purveyors have
capacity to meet demand of
project and all other approved
projects? 60 CY ) N
If domestic water or public sewers are not available, how will these services be provided?
Residential Projects:
11. Number and type of units: 06—
12. Schools:
What school districts) serves the property?—
UA—
Are existing school facilities adequate to meet project needs?
YES NO
If not, what provisions will be made for additional classrooms?
Non -Residential projects:
13. Distance to nearest residential use or sensitive use (school, hospital, etc.)
Va r-y\* ,1.P
14. Number and floor area of buildings:
15. Number of employees and shifts: d�� �y G r-
P
16. Maximum employees per shift:
17. Operating hours: , z
18. Identify any: End products C-�
Waste products r\c)—
Means of disposal c_
19. Do project operations use,ystore or produce hazardous substances such as oil, pesticides, chemicals, paints,
or radioactive Is?
YES N� .
If yes, explain
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*96 JUN 18 P 2 :20
Quesdoft E.
The University of Phoenix occupies nearly 35% of the building and attracts in
excess of 200 visitors per day. The additional sign will facilitate the flow of traffic
that may be restricted by the limitations that the design of the building places on the
visibility of the existing signs.
The existing sign that will be replaced (ReMax Realty) belongs to a former tenant of
the building that occupied the same space in the building that the University of
Phoenix presently has their administrative offices. This sign location has been
designated by the Owner to serve the offices on the east side of the building which
do not front on the west side, where all approved sign locations are designated.
The building to the north of the subject building at 1360 Valley Vista Drive has two
signs for the same occupant of that project, which is Bryan A. Stirrat & Associates.
These signs are located on two different elevations of the building, however the
building has a flat face and visibility from the same elevation is not a problem. As
stated in D above, the design of the subject building is such that two signs on the
same elevation are not necessarily visible from the driveway entrances to the
property. thus creating difficulty for our visitors to find the appropriate entrance.
Question F.
The granting of a variance for an additional code compliant sign for the University'
of Phoenix in a location that has been approved for a sign, on an elevation that is
set apart by a major structural offset and that is replacing an existing sign of a
former occupant of the building that may not be in compliance does not present any
detriment to the public welfare or is in any way injurious to other properties in the
vicinity. As stated above the building at 1360 Valley Vista Drive has two signs for
the same use and has not been deemed to be a detriment or injurious to others.
PLH .. F..L0C.. c + t
'96 JUN 18 P 2 :19
Variance Case No. 96-1 -Burden of Proof
Question A 1-3
The University of Phoenix is requesting one additional sign that is in total
compliance with all sign criteria for the area except for the restriction on multiple
signs for the same user on the same elevation. An additional sign in no way
adversely affects the health, peace, comfort or welfare of anyone in the area nor is
an additional sign detrimental to the use, enjoyment or valuation of any other
properties in the vicinity. Furthermore a sign that is in full compliance with all
design criteria does not jeopardize, endanger of constitute any menace to public
health, safety or welfare.
Question B.
The building is constructed on lots 8 & 9 of Gateway Corporate Center, which was
approved for a total of 6 sign in designated locations in the original sign program.
The building currently has 3 signs in place and the proposed sign by the University
of Phoenix will replace one of these existing signs. There are no size or shape
restrictions which would preclude the proper installation of this sign.
Question C 1-2
The building was built in 1989 and all necessary improvements and facilities are in
place.
VARIANCE CASE -BURDEN OF PROOF It
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the
Planning Commission, the following facts:
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare or 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.
AN ADDITIONAL SIGNAGE WILL NOT ADVERSELY AFFECT THE HEALTH,
PEACE, COMFORT OR WELFARE OF PERSONS RESIDING OR WORKING IN
THE SURROUNDING AREA, OR WILL BE DETRIMENTAL TO THE USE,
ENJOYMENT OR VALUATION OF PROPERTY OR OTHER PERSONS LOCATED IN
THE VICINITY OF THE SITE, NOR WILL IT JEOPARDIZE, ENDANGER OR
OTHERWISE CONSTITUTE A MENACE TO THE PUBLIC HEALTH, SAFETY OR
GENERAL WELFARE.
B. That the proposed site is adequate in size and shape to accommodate 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.
THE EXISTING SITE.IS ADEQUATE IN SIZE AND SHAPE.
C. That the proposed site is adequately served:.
1. By highways or streets of sufficient width and improved as necessary to carry the kind and
quantity of traffic such use would generate, and
2. By other public or private service facilities as are required.
THE EXISTING SITE IS ADEQUATELY SERVED BY HIGHWAYS OR STREETS
OF SUFFICIENT WIDTH AND BY OTHER PUBLIC AND PRIVATE SERVICE
FACILITIES AS ARE REQUIRED.
That there are special circumstances or exceptional characteristics applicable to the property involved, such
as size, shape, topography, location or surroundings, which are not generally applicable to other properties
in the same vicinity and under identical zoning classification.
THERE ARE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY
INVOLVED.
Domestic Water Source E1t1.5s-% Company/District
Method of Sewage Disposal S Z �l z -4- Sanitation District
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Grading of Lots by Applicant? YES NO Amount
(Show necessary grading design on site plan or tent. map)
LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change,
attach legal description of exterior boundaries of area subject to the change.)
PLEASE SEE BELOW.
Project Site: c -'.T', "V
Gross Area o. of Lots
Area devoted to : Structures Open Space
Residential project: and
Gross Area No. of floors
Proposed Density
Units/Acres
Number and types of Units
Residential Parking: Type
Required Provided
Total Required - Total Provided
LEGAL DESCRIPTION:
Lots 8 and 9 of Tract 39679 City od Diamond Bar, County of Los Angeles,
State of California as per map recorded in the Book No. 1083 Pages 14 - 21
inclusive of maps in the Office of the County Recorder of said county as
amended by a Certification of Correction recorded January 24, 1989, as
Instrument No. 89-123719, official records.
r
I, James De5tefano, Planning Commission Secretary, do hereby certi`
that the.foregoing Resolution was duly introduced, passed, and adopte
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 22nd day of July, 1996,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN.:
ATTEST:
James DeStefano, Secretary
4
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a 5.94 gross acres site
developed with an 84,000 square foot, two story,
multi -tenant commercial office building. acres
(1.23 net acres). The project site is located
within Gateway Corporate Center at 1370 Valley Vista
Drive, Diamond Bar, California.
(b) The project site is zoned Commercial -Manufacturing -
Billboard Exclusion -Unilateral Contract (C-M-BE-
U/C). It has a General Plan land use designation of
Professional Office (OP).
(c) Generally, the following zones and uses surround the
project site: to the north is the Orange (57) and
Pomona (60) Freeway interchange; to the south and
East is the C-M-BE-U/C Zone; and to the west is the
Orange Freeway and the C-M-BE-U/C Zone.
(d) The proposed Variance is a request to install a
second wall sign with a sign face area of 32.5
square feet. Its installation location is
approximately 27 feet above ground level, on the
subject office building's northerly facade.
(e) There are no special circumstances or exceptional
characteristics applicable to the property. The
strict application of the code does not deprive the
subject property of privileges enjoyed by other
properties in the vicinity and under identical
zoning classification. Other properties in the
vicinity, under identical zoning classification have
the same or similar lot configuration and
topography. Additionally these properties have
buildings with a similar architectural style as the
subject building.
(f) The Variance's approval will constitute a grant of
special privilege inconsistent with the limitations
upon other properties in the vicinity and zone in
which the property is situated. The applicant is
creating its own hardship by not utilizing other
types of signage offered by the City Sign Ordinance
which would be an appropriate solution to the
applicant's stated problem.
n
Prepared by:
A J. u u A n s /*stant Planner
Attachments:
1. Draft Resolution of Denial;
2. Exhibit "A" - site plan, elevations, and sign plan and
materials board dated July 22, 1996;
3. Application;
4. Gateway Corporate Center's architectural committee approval
dated February 15, 1996; and
5. Site photographs.
11
a visitor to enter Gateway Corporate Center at Copley Drive or
Gateway Center Drive leading to the project site. Approaching the
site from this direction allows the existing wall sign's
visibility.
While the second wall sign may allow freeway visibility, it does
not fulfill the applicant's stated reasons for wanting a second
wall sign. Staff finds that due to the northeast access approach
(which is the most likely approach) to the site, the exiting wall
sign is visible. However, upon entering the site and when on the
site, directional signage closer to eye level and an improved
interior directory would probably better serve the applicant's
needs for more identification. The City's Sign Code offers the
following types of signs for this purpose:
1. Freestanding Monument Sign with a maximum height of six
feet and a maximum sign face area of 16 square feet. If
the sign is located on property with frontage on a public
right-of-way in excess of 65 feet in width (Valley Vista
Drive's right-of-way at the project site is 66 feet
wide) , the maximum sign face area is 24 square feet. One
per frontage along a public street is permitted;
2. Incidental Sign with a maximum area of one square feet,
window or wall mounted and one per use; and
3. Nameplate/Address Sign with a maximum area of four square
feet, wall mounted, two per building and may be
illuminated with lighting no greater than 25 watts.
The freestanding monument sign could be located at either driveway
approach. The incidental sign and nameplate signs could be
strategically located on the building's exterior walls.
Additionally, the interior directory could be more specific as to
the locations of the different departments and functions of the
University of Phoenix. Furthermore, the alternative suggested
signage would facilitate vehicular and pedestrian traffic flow more
than a wall sign two stories above ground level.
Staff has spoken with Sandford Kopelow, a member of Gateway
Corporate Center's architectural committee. He state that the
committee would probably approve a monument sign and incidental/
directional signs for the University of Phoenix site.
After considering all the information presented by the applicant,
researching the City's codes and field survey, staff feels denial
of the variance request is appropriate. In this case, the strict
literal interpretation of the Sign Ordinance does not result in
inconsistencies with the general purpose of the Ordinance. Staff
believes that approving the Variance would constitute a grant of
special privilege. There are not exceptional characteristics
applicable to the site that strict application of the Sign
Ordinance deprives the applicant of privileges enjoyed by other
properties in the area. Additionally, the public health and safety
would best be served with signage closer to eye level than 27 feet
4
•
The project site is approximately 5.94 gross acres. It is
developed with an 84,000 square foot, two story, multi -tenant
commercial office building. The building presently contains seven
tenants. The University of Phoenix occupies portions of the first
and second floors ( see Exhibit "A") which equals 33.6% of the
building. The occupied space is utilized for administrative
office, book store, resource center, vocational rooms and
classrooms.
Currently, the University of Phoenix has one wall sign (located on
the building's northerly facing facade) with a 32.5 square foot
sign face area. The City permitted this sign in September 1990.
Two other wall signs exist (Kleinfelder and ReMax) on the northerly
facade.
ANALYSIS:
The City's Sign Ordinance (adopted 1991) permits wall signs for
individual uses by the following standards:
1. Wall Signs For Multi -Use Buildings or Commercial Centers.
The maximum area is 1.25 square feet per one lineal foot
of frontage, to a maximum 125 square feet per street
level uses. For uses not located at street level which
are visible from the street, courtyard, or public parking
area, the maximum area is one (1) square foot per one
lineal foot of frontage per use, to a maximum of 125
square foot. The maximum number is one per outer wall
per use. 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 the Planning
Commission's review and approval;
2. Location of Wall Signs. Business signs shall be limited
to those portions of a building within which such
business is located or conducted;
According to the Sign ordinance's referenced standards, the
applicant is allowed one wall sign, per outer wall, located on a
portion of the building which it occupies. Currently, the
applicant's existing wall sign complies with the City's Sign
Ordinance.
The University of Phoenix is requesting a second wall sign, 32.5
square feet which matches the existing wall sign. Additionally,
this request includes locating the sign on a portion of the
building not occupied by the applicant. This request deviates from
the Sign Ordinance's standards, as referenced above in items number
1. and 2. As such, the second wall sign's installation requires a
Variance approval by the Planning Commission.
The subject building's frontage facing Valley Vista Drive is
approximately 432 lineal feet with two recessed entrances separated
by 24 lineal feet of a glass block projection. Additionally, the
2
REMOVE AND.SCRAP AN EXISTING
INTERNALLY ICLUMINATED'REMAX'
LETTERSET. TNSTALL ONE HALO LIT EXISTING HALO ILLUMINATED
LETTERSET IDENTICALTO EXISTING --'N LETTERSET TO REMAIN
_TTERSET ON RIGHT SIDE.
(PROPERTY
LINE
SQUARE FOOTAGE DESCRIPTION
ALLOWABLE: 263.75 SQ. FT.
PROPOSED: 65.00 SQ. FT.
REVISED 4/5/96
LENGTH OF SLUG. 47'-D' TENANT
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SPACE
FIRST FLOOR PLAN
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ALLOWABLE: 263.75 SQ. FT.
PROPOSED: 65.00 SQ. FT. SECOND FLOOR PLAN
REVISED 4/5/96
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\ 0 7,780 LEASESPACE 5, 062 LEASESPACEJ \ '
(1/250) = 15.2 SPACES REQUIRED (1/400)'- 12.7 SPACES x UI 1, " /
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(1/400) = 14.0 3PACES REQUIRED
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PROJECT NO.
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DATE-
24 MAY 1`1-5
PROJECT ARCHITECT
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DRAWN BY:
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CHECKED BY
SHEET TITLE:
REVISIONS:
OFFICE AREA
9,920 LEASESPACE
(1/400) = 24.8 SPACES REQUIRED
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TOTAL } RRIRO
REQUIREMENTS j
�,G32 SF LEASESPACE @�
(1/400) - 14..,g SPACES REQUIR£L,
■
6,54>I SF LEASESPACE @
(1/250) - 22,>j SPACES REQUIRED
IPI. �!u9 SF LEASESPACE @
(1/100)-1-4--P SPACES REQUIRED
TOTAL REQUIRED-*11.¢SPACES
TOTAL PROVIDED = 115 SPACES
I PER EXISTING SITE PLAN - SHEET A-7)
FIRST FLOORrPARKING
RATIO'S USED
A-5
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