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Home My WebLink About02/12/2002PL.ANNIN( FILE COPY COMMISSIOiv AGENDA February 12, 2002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Commissioner Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title N of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. D/....�---I'-'- - ^�^„ �y, �a�y �� t ne city or niamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same Chairman Steve Nelson Vice Chairman Joe Ruzicka Commissioner George Kuo Commissioner Dan Nolan Commissioner Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title N of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. D/....�---I'-'- - ^�^„ �y, �a�y �� t ne city or niamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the .Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday,, February 12, 2002 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No.2002-02 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Joe Ruzicka, George Kuo, Dan Nolan, and Steve Tye. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any, item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes of Regular Meeting: January22, 2002. 5. OLD BUSINESS: None. 6. NEWBUSINESS: None. 7. CONTINUED PUBLIC HEARING: 7.1. Conditional Use Permit 2001-04Nariance No. 2001-07/Development Review No. 2001-12 (pursuant to Code Sections 22.42.130.G.4, 22.58, 22.54, and 22.45) is a request to install a wireless telecommunications facility that includes a pole with antennas and equipment cabinet. The Variance relates to the antenna pole that exceeds the maximum allowable 35 -foot height. The Development Review relates to architectural/design review. (Continued from December 11, 2001) February 12, 2002 8. Page 2 PLANNING COMMISSION Project Address: St. Denis Roman Catholic Church 2151 S. Diamond Bar Blvd. Diamond Bar, CA 91765 Property Owner: Roman Catholic Abp 3424 Wilshire Blvd. Los Angeles, CA 90010 Applicant: Cingular 2521 Michelle Dr. Tustin, CA 92780 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-05 has been prepared. The Negative Declaration's review period began November 19, 2001, and ended December 9, 2001. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit 2001-04/Vadance No. 2001-07/Development Review No. 2001-12 and Negative Declaration No. 2001-05, Findings of Fact, and conditions of approval, as listed within the resolution. 7.2. Development Code Amendment No. 2001-04 to amend Article IV of Section 22.50.030 of the City's Development Code regarding temporary uses for outdoor display/sales events. (Continued from January 8, 2002) Project Address: Citywide Applicant: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Development Code Amendment No. 2001-04. PLANNING COMMISSION COMMENTS: 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. February 12, 2002 10. SCHEDULE OF FUTURE EVENTS: Page 3 PLANNING COMMISSION TRAFFIC AND Thursday, February 14, 2002 — 7:00 p.m. TRANSPORTATION AQMD/Govt. Center Hearing Board Room COMMISSION MEETING: 21865 E. Copley Drive PRESIDENTS HOLIDAY: Monday, February 18, 2002 — 7:00 p.m. City offices will be closed in observance of Presidents Holiday. Offices will reopen Tuesday, February 19, 2002. CITY COUNCIL MEETING: Tuesday, February 19, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive ADMINISTRATIVE REVIEW: Tuesday, February 26, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive COMMISSION VACANCIES: All Commission appointments will expire February 28, 2002. Contact the City Clerk for an application for service. DIAMOND BAR COMMUNITY Vacancies in four (4) new seats currently FOUNDATION VACANCIES: exist on the foundation Board of Directors and four (4) vacancies will exist effective February 28, 2002. Contact the City Clerk for an application for service. WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADVISORY COMMITTEE: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: One (1) vacancy currently exists. Contact the City Clerk for an application for service. Tuesday, February 26, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, February 28, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive r DRAFT i MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 22, 2002 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Commissioner Kuo led in the pledge: of allegiance. 1. - ROLL CALL: Present: Chairman Nelson, Vice Chairman Joe Ruzicka, and Commissioners George Kuo, and Dan Nolan. Commissioner Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: �s Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 8, 2002. VC/Ruzicka moved, C/Kuo seconded, to approve the Minutes of the Regular Meeting of January 8, 2002, as corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None i :None Kuo, Nolan, VC/Ruzicka, Chair/Nelson None Tye JANUARY 22, 2002 7. PUBLIC HEARINGS: DRA, 4ii T PAGE 2 PLANNING COMMISSION 7.1 Development Review No. 2001-22, (pursuant to Code Sections 22.48.020(A)(1)) is a request to remodel and add approximately 2,410 square feet to an existing 2,265 square foot single family residence with porch, balconies and three car garage. PROJECT ADDRESS: PROPERTY OWNER: 480 Wayside Place (Lot 32, Tract 42585) Diamond Bar, CA 91765 Steven and Debbie Mott 480 Wayside Place Diamond Bar, CA 91765 APPLICANT: Jerry Lutjens, Landmark Development 19953 Valley Boulevard Walnut, CA 91789 DSA/Smith presented staff's report. Staff recommends that the Planning Commission continue Development Review No. 2001-22 to a future public hearing date to allow the applicant time to submit a redesigned project. Chair/Nelson opened the public hearing. Jerry Lutjens, applicant, asked the Commission to approve the project as presented. Dr. Mott told the Commission about his background and why he wants the project approved as requested. He and his family want to stay in their current location and they do not have enough space for their growing family. They like their neighborhood and do not feel their addition will dwarf the adjacent homes. Debbie Mott told the Commission she and her family would like to remain in the neighborhood where her children have grown up. They are not asking to build out, only up to provide a loft area for the kids. She felt the proposed addition would enhance the neighborhood. Jim Abels, Landmark Remodelers, said that in looking at staff's concern about dwarfing other structures, Landmark attempted to keep the addition within the footprint of the structure. He presented a model of the proposed project as it relates to the adjacent properties. The property owner is attempting to move the private spaces of the home away R FT JANUARY 22, 2002 PAGE 3 PLANNING COMMISSION from the more public areas. Although Landmark has maximized the square footage of the home, it has attempted to stay within the character of the neighborhood and confines of the existing dwelling. Following Commission discussion, VC/Ruzicka moved, C/Nolan seconded, to continue Development Review No. 2001-22 to February 26, 2002, to allow the applicant time to submit a redesigned project. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Ruzicka, Nolan, Kuo, Chair Nelson None Tye 8. PLANNING COMMISSION COMMENTS: None Offered. 9. INFORMATIONAL ITEMS: 9A Public Hearing dates for future projects — as scheduled. 10. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 7:53 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman. Steve Nelson AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 7.1 January 21, 2002 February 12, 2002 (Continued from December 11, 2001) Conditional Use Permit No. 2001-04, Variance No. 2001-07 and Development Review No. 2001-12 To install a wireless telecommunications facility that includes a pole with antennas and equipment cabinets. St. Denis Roman Catholic Church 2151 S. Diamond Bar Blvd. Diamond Bar, CA 91765 Roman Catholic Abp 3424 Wilshire Blvd. Los Angeles, CA 90010 Cingular 2521 Michelle Dr. Tustin, CA 92780 Conditional Use Permit No. 2001-04, Variance No. 2001-07 and Development Review No. 2001-12 was presented to the Planning Commission on December 11, 2001 at a duly noticed public hearing. At that time, the Planning Commission received staff's report, opened the public hearing, received testimony and discussed the proposed telecommunications facility. 1 Testimony and discussion from three neighbors (Dennis Anderson, Kay Hand and Fatima Parunavi) centered on the issues related to view and location of the proposed telecommunications facility. The Commission believes that the telecommunications pole with antennas could be better camouflaged and felt that not enough effort was made to place the site within the church's bell tower. The Commission was not convinced that it was technically impossible to locate the antennas within the bell tower. Additionally, the Commission was concerned about what Cingular has done to mitigate the neighbors concerns with respect to view. Furthermore, the Commission requested that the applicant submit the architect's report regarding the feasibility of pulling the cable up through the building to the bell tower. As a result, the Planning Commission continued the public hearing to February 12, 2002 in order to allow the applicant time to address the Commission's concerns. ANALYSIS: On January 30, 2002, the applicant submitted the Planning Commission requested architect's report dated January 6, 2002 from Bojorquez & Anderson. The report discusses whether or not the proposed telecommunications facility can be located within the church bell tower. According to the report, locating the facility within the tower is not feasible. The report indicates that reconstruction of the top of the tower is feasible. However, the small size of the tower only allows marginal distance between the antennas and the resulting structural modifications would not allow access to the top of the tower. Additionally, the lack of area to install the three -transceiver cabinets also hinders tower installation. Furthermore, if the cabinets were installed inside the building, the distance and number of bends in the conduit would not allowed the cable to run inside the conduit. As a result, the architect's report states that these impediments would make the project impossible and the existing bell tower could not be utilized. According to the applicant, 24-hour access is need to a telecommunications facility. The Planning Division staff has spoken with St. Denis Church regarding locating the telecommuni- cations facility within the bell tower. The church is not willing to entrust Cingular with the 24-hour access needed. The applicant is still interested in locating the telecommuni- cations facility in the church parking lot as presented to the Planning Commission on December 11, 2001. As suggested by the Planning Commission, the applicant is willing to camouflage the pole by painting it a shade of green and planting a tall tree adjacent to the pole to minimize its visual impact. 2 ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070(e) and guidelines promulgated thereunder, the City has, determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-05 has been prepared. The Negative Declaration's review began November 19, 2001 and ended December 9, 2001. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and tie San Gabriel Valley Tribune on November 19, 2001. Public hearing notices were mailed to approximately 433 property owners within a 700 -foot radius of the project site on November 15, 2001. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on November 15,2001. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit 2001-04, Variance No.2001-07 and Development Review No. 2001-12, Negative Declaration No. 2001-05, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions, of the Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 3 5. Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions.of the California Environmental Quality Act (CEQA). REQUIRED VARIANCE FINDINGS: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates -an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to equire compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 4 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pre r4Lun, An J.Aoci e ;Planner ,�* Attachments: 1. Draft resolution; 2. Planning Commission Minutes from December 11, 2001; 3. Planning Commission Staff Report dated November 20, 2001; and 4. Correspondence dated January 6, 2002 from Bojorquez & Anderson (Architect's Report). E A. RECITALS. PLANNING COMMISSION O RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-04, VARIANCE NO. 2001-07, DEVELOPMENT REVIEW NO. 2001-12 AND NEGATIVE DECLARATION NO. 2001-05, A REQUEST TO INSTALL AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY. THE PROJECT SITE IS LOCATED AT ST. DENIS ROMAN CATHOLIC CHURCH, 2151 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. The property owner, the Roman Catholic Abp and applicant, Cingular Wireless have filed an application for Conditional Use Permit No. 2001-04, Variance No. 2001-07, Development Review No. 2001-12 and Negative Declaration No. 2001-05 for a property located at 2151 Diamond Bar Boulevard, Diamond' Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Variance, Development Review, and Negative Declaration shall be referred to as the "Application". 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 19, 2001. Public hearing notices were mailed to approximately 433 property owners of record within a 700 -foot radius of the project on November 15, 2001. Furthermore, the project site was posted with a display board in three public places on November 15, 2001. 3. The Planning Commission of the City of Diamond Bar on December 11, 2001 conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to February 12, 2002 in order to allow time for the applicant to address the Planning Commission concerns. 4. On February 12, 2002, the public hearing was concluded. 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 facAset forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Ne a Declaration No. 2001-05 have been prepared by the City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070(e). Negative Declaration No. 2001-05 has been prepared. The Negative Declaration's review began November 19, 2001 and ended December 9, 2001. Furthermore, Negative Declaration No. 2001-05 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. It is developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (hall/temporary church) probably began in early 1970s and was completed in the late 1980s. (b) The General Plan land use designation for the project site is Medium High Density Residential (RMH-max 16 du/acre). (c) The zoning designation for the project site is Multiple Residential -Maximum Lot Size 8,000 Square Feet -1 Unit (R-3-8,000-1 U). (d) Generally, the following zones surround the project site: to the north is the Single Family Residential- Minimum Lot Size 8,000 Square Feet (R-1-8,000) and Single Family Residential -Minimum Lot Size 10,000 Square Feet (R-1- 10,000) Zones; to the south is the Multiple Residential -Maximum Lot Size 8,000 Square Feet -30 Unit (R -3-8,000-30U) Zone; to the east is the R-1- 10,000 Zone; and to the west is the R -3-8,000-15U Zone. (e) The application request is to install a telecommunications facility consisting of the following equipment: a pole that will house two cross - polar antennas and is 49 feet tall; three equipment cabinets; and wall 2 enclosure. The pole with antennas (5.5 feet tall by 8 inche ' e by 2 inches thick) inside will replace a light standard located in a r area close to the church building. The planter area is located on th level of the parking lot within the rear portion of the -project site. The li tre will be installed on the antenna pole approximately 17 feet below theta of the pole. The equipment will be located across the first level of the parking lot in the planter area separating the first level from the second level of the parking lot (see Exhibit "A" and photo simulation). The equipment will consist of three Base Transceiver Station electronic (BTS) cabinets enclosed by a six-foot high block wall with wrought iron gates utilized for access to the area and underground power conduit. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. The proposed unmanned wireless telecommunications facility is permitted in the R-3-8,000- 1 U Zone with a Conditional Use Permit and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent wit he General Plan and any applicable specific plan; t The project site has a General Plan land use designation of Medium High Density Residential (RMH-max 16 du/acre). Objectives and Strategies of the General Plan encourage the establishment of new technology that are deemed environmentally safe and compatible with development. The proposed project is required to comply with Federal regulations regarding radio frequency emissions, thereby considered environmentally safe. The existing telecommunications facility is compatible with the General Plan in that it will only generate a very minimal amount of additional traffic to the neighborhood by .infrequent maintenance visits. It will not create a new source of light and noise. It will not be visible from Diamond Bar Boulevard and minimally visible from Silver Hawk Drive. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. It is developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (hall/temporary church) probably began in early 1970s and was completed in t t 1980s. The existing telecommunications facility utilizes approxi 300 square feet of the project site. The antenna pole replaces an existI t standard and the equipment enclosure is located within a planter are the parking lot. Considering the size of the project site and lot area utilized by the proposed telecommunications facility, it is clear that the project site can accommodate the facility. The telecommunications facility will generate a minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. it does not create a new source of light and noise. The facility will comply with all FCC regulations. It will not be visible from Diamond Bar Boulevard and minimally visible from Silver Hawk Drive and will not block the view of the hillside to the north or residences to the west and east. The facility will be camouflaged fairly well by the existing mature landscaping, the planting of an additional large tree adjacent to the light standard and painting the light standard in order to camouflage it. Therefore, it is unlikely that the facility will have a negative impact on the single-family residential neighborhood adjacent to the project site. Therefore, the project's design, location, size and operational characteristics, as conditioned, is compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; As referenced above in Item (h), the proposed telecommunications facility still meets the required development standards for the R-3-8, 000-1 U zone except for height which a Variance application is being processed.. Provisions for utilities exist at the project site. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (j), the proposed telecommunications facility with the Variance approval and as amended here in will meet the City's minimum development standards. Traffic is minimal. As discussed in Item (h) above, the existing telecommunications facility meets the FCC requirements regarding radio frequency emissions safety and has been installed with the appropriate City permits. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the . provisions of the California Environmental Quality Act (CEQA); 4 Variance Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070(e) and guidelines promulgated thereun� Negative Declaration No. 2001-05 has been prepared. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical .zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Wireless telecommunications is accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short-range, contiguous cells. Similar to a honeycomb pattern, a cellular system is composed of many neighboring and inter -connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antennas that require an appropriate/clear line of sight. In order to have a clear line of sight, antennas must be mounted high enough to overcome challenges proposed by local topography and development. The required height is usually proportional to a combination of distance antennas can cover and the demand for the PCS service within their sphere of influence. The applicant's first submittal for telecommunications facility at the project site was proposed adjacent to Diamond Bar Boulevard at a height of 35 feet. This location was not acceptable to the City due to its visibility. As a result, the applicant submitted an alternative location, which is being presented to the Commission. According to the applicant, due to the hillside topography, existing structures and dense trees surrounding the project site, the height of the proposed' antenna pole had to increase in order to obtain an appropriate%lear line of site for transmitting and receiving signals. However, antenna pole's visibility will have less of an impact at the proposed location then adjacent to Diamond Bar Boulevard due to the hillside terrain and mature plant materials. Furthermore, the church building exceeds the maximum allowable height of 35 feet, which was permitted by Variance No. 87-320 processed by Los Angeles County. The church building is roofline is at a 40 -foot height and the tower is 49 feet tall. Although the proposed antenna pole is taller than permitted in the R-3-8,000-1 U Zone, staff believes that its location close to the church structure, similar design and color as the existing light, the re -location of the light fixture on the pole, the mature landscaping, , the, planting of an additional large tree adjacent to the light standard and painting the light standard will assist in camouflaging the antenna pole as well as the equipment enclosure and create minimal impacts at the project site and surrounding area. 5 (m). Granting the Variance is necessary for the preservation and a ment of substantial property rights possessed by other property owner same vicinity and zoning districts and denied to the property own which the Variance is sought; 11> Granting of the Variance allows the proposed telecommunications facility to address the demand of the local network in order to provide seamless service to the increasing number of subscribers. This wireless telecommunications systems will be an invaluable communications tool in the event of emergencies and natural disasters were normal land line communications are often disrupted or inaccessible during and after an event has occurred. Such facilities are a valuable tool in business communication and everyday personal use. Additionally, within the City of Diamond Bar there are other such facilities located within a residential zone. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; and As referenced in item (g) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed telecommunications facility will comply with all FCC requirements and Building and Safety Division and Public Works Division requirements. As a result, the proposed telecommunications facility will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Development Review (p) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); As referenced above in Items (g), (h), (i) and (j), the existing telecommunications facility as amended herein and with the Variance approval is consistent with the City's Design Guidelines, development standards of the applicable district, and architectural criteria for special areas. Additionally, a specified architectural criterion for the area does not exist. (q) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; C. As referenced in Items (h above, the design and layout of the pr ed telecommunications facility does not interfere with the use and eent of neighboring existing or future development, and does not create k, or pedestrian hazards. (r) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; As referenced in Item (h) above, the architectural design of the proposed telecommunications facilitate with the Variance approval will be compatible with, the characteristics of the surrounding neighborhood and maintains and enhances the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan. (s) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; As referenced above in Item (h) and (l), the design of the existing telecommunications facility provides a desirable environment for a occupants of surrounding residences and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (t) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; As referenced in Items (h), (l) and (o)) above, the telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan, sections/ elevations, and landscape/irrigation plan, collectively labeled as Exhibit "A" dated December 11, 2001, as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the 7 entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall Al9ne only by the property owner, applicant or by a duly permitte contractor, who has been authorized by the City to providecolleen, transportation, and disposal of solid waste from residential, ",1 commercial, construction, and industrial areas within the City. It sha11*\ be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with all Federal, state and City regulations. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit (f) Prior to the issuance of any City permits, the applicant shall submit a landscape/irrigation plan delineating the relocation of all shrubs, trees and ground cover removed. Said plans shall also delineate additional plant material required to camouflage the telecommunications facility to the Planning Division's satisfaction. (g) The pole housing the antennas and light fixture shall not exceed a height of 49 feet. (h) Prior to the issuance of any City permits, the applicant shall submit documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limit approved by the FCC for the City's review and approval. (i) Applicant shall paint the antenna pole in a manner that will camouflage it and assist in its blending with the site, to the City's satisfaction. (j) Applicant shall plant a large tree (at least 50 feet tall) adjacent to the antenna pole to assist in camouflaging it. (k) Prior to the issuance of any City permits, the applicant shall submit licenses and approvals to provide wireless telecommunications services to the City. (1) If any work shall occur in the public right- of- way, the applicant shall submit plans for review and approval and obtain an encroachment permit. (m) Prior to the issuance of any City permits, the applicant shall submi rta retaining wall plan delineating construction details, calculations, topVo� wall, bottom of wall and finished surface. Said wall shall not exceed �a height of six feet. (n) All plans shall conform to State and local building codes (i.e. 1998 edition of the California Uniform Building Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. (o) Proposed antennas shall be engineered to meet wind loads of 80 m.p.h. with an exposure of "C". (p) All cables shall be installed underground. (q) 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 and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (r) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shalil remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Roman Catholic Church Abp, 3424 Wilshire Boulevard, Los Angeles, CA 90010 and Cingular Wireless, 2521 Michelle Drive, Tustin, CA 927'80 APPROVED AND ADOPTED THIS 12TH OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Q BY: 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 12th day of February 2002, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary 10 BOJORQUEZ & AI11t BWN � - P 3 , Mc PLANNING ARCHITECTURE January 6, 2002 Plannis Commission CRY of Diamond Bar 2" Re: Lingular Wireless Project SB•106-01 "St. Donis Church" i. To Whom It May Concern: We have been asked to explain the reasons and the conditions that prevented the existing steeple form being utilized for this project Although the raconstruction of the top of the existing steeple is feasible, tht small dimmioau of the steeple made the distance between the antennas marginal and the resulting / structural modifications would have left so way to access the top of the steeple. The existing ladder to the top of the steeple is w3do and is not OSHA compliant The principal reason though that prevented the rase of the steeple was the lack of an area to install (3) or (4) base Transciever Cabinets', Each cabinet is ,i .4'-3" wide x 2'4" deep x 5'-3" high and weighs about 1400 lbs. The spaob regaait�od to place these cabinets inside the building is nonexistent. Although the cabinets are designed for exterior use, the uoarost exterior space large enough to accommodate the cabinets was about 200 feet have involved remov' away and would u+g (3) or more existing mature palm trees and would have required 3 or 6 more 90° r, bendsthe cable conduit. The number of bends in the conduit alone would not have allowed the cable to iia inside the conduit. Therefore; Mary one of the several impedimrntswould have made the project impossible. Cingulsar Wireless cannot use the existing steeple. ,•i,. We are at you service to answer any questions you may have. t' John D. ,Anderson, Vice President/Architect �r a r, J1185 -H AIRWAY AVENUE COSTA MESA CA 92626 714.444.3030 FAX 444.2503 r^4 DECEMBER Il, 2001 PAGE 2 PLANNING CONIiIIISSION 6. OLD BUSINESS: None 7. NEW BUSINESS: 7.1 Conditional Use Permit 2001-04 Variance No. 2001-07 and Development Review No. 2001-12, Code Amendment No. 2001-02 and Negative Declaration No 2001-05 (pursuant to Code Sections 22.42.130.(.14, 22.58, 22.54 and 22.45) is a request to install a wireless telecommunications facility that includes a pole with antennas and equipment cabinet. The Variance relates to the antenna pole that exceeds the maximum allowable 35 -foot height. The Development Review relates to architectural/design review. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: St. Denis Roman Catholic Church 2151 S. Diamond Bar Boulevard Diamond bar, CA 91765 Roman Catholic Abp 3,424 Wilshire Boulevard Laos Angeles, CA 90010 Cingular 2_521 Michelle Drive Tustin, CA 92780 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Conditional use permit 2001-04, Variance No. 2001-07, Development Review No. 2001-12 and Negative Declaration No. 2001-05, Findings of Fact, and conditions of approval, as listed within the resolution. ChairlNelson opened the public hearing. Jereme Brixee, The Consulting Group, addressed concerns of residents in the area of the proposed project. The project proposes a stealth design to camouflage the view. FCC regulates environmental concerns and this project operates at about one-tenth of what the FCC regulates as a healthy exposure. He cited a study conducted by areal estate agency in Marin County wherein they looked at two separate facilities and determined that there was no effect to property values based upon the installation of the wireless facility. He offered to submit the study as a condition of approval. VC/Ruzicka wants the site camouflaged and felt that not enough effort was made to place the site within the church's bell tower. He is not convinced that it is technically impossible to relocate the site within the parish building. What has Cingular done to mitigate the neighbors concerns about this site with respect to view? He believes that if the antenna is placed at the end of the parking lot f] 1 1 DECEMBER 11, 2001 PAGE 3 PLANNING COMMISSION next to the steps rather than in the middle of the parking lot it would be much more camouflaged by foliage. In addition, he believes the facility could be painted a shade of green to blend into the background. However, his initial concern is that the antenna should be placed in the church bell tower or moved to the hillside behind the condominium complex on the opposite side of Diamond Bar Boulevard. Mr. Brixee agreed that the steeple is a good location but based upon the signal needed in this location and the amount of twists in the building the signal would not reach the antenna in any valuable sense. He explained that placement of the antenna within the bell tower would require larger electrical cable which is not feasible in the structure. The optimal location and separation from adjacent residences is the center of the parking lot. Relocation of the antenna to the end of the parking lot would minimize the distance between the structure and the residences on that side. The signal will lose all of its strength as it travels down into the valley if it is located on the hillside behind the condominium complex, which would necessitate an additional site in the same location in order to pick up the signal. Typically, sites have smaller poles with a 36 inch canister on top. The proposed design minimizes the canister on top and increases the pole size at the base so that the antenna is uniform in width from top to bottom. By replacing the light standards at the 32 foot line, as currently exists, will minimize the impact. Placing the antennas inside the canister further reduces the visual impact. The pole can be painted a color to blend with the surrounding landscape. VC/Ruzicka said he would take the consultant at his word regarding the impossibility of stringing electrical cable in the building. As an alternative, he recommended that the pole be painted an appropriate color and that a 60 foot high tree be planted close to the pole to minimize the visual impact of the pole. Mr. Brixee indicated to C/Tye that the larger cable would be required in the building because the electrical equipment box would be located a greater distance away from the antenna, which requires larger cable. C/Tye thought the cable could be brought up to the bell tower on the outside of the building from the electrical equipment cabinet located in the courtyard. Mr. Brixee explained that staff would not allow the equipment cabinet to be visible from the street. The project architect stated that it would not be feasible to pull the cable up through the building to the bell tower. Mr. Brixee responded to VC/Ruzicka that the equipment cannot be placed on the church roof. Mr. Brixee indicated to Chair/Nelson that the tower diameter ranges from 24 inches to 36 inches. Based on the proposed location of the equipment the cable will be 24 inches in diameter. Based upon the distance of the equipment, the cable from the equipment cabinet to the bell tower would range from 7/8 inch to 2 inches. DECEMBER 11, 2001 PAGE 4 Chair/Nelson requested a copy of the architect's report. The consultant said he would provide a copy to staff. PLANNING COMnIISSION AssocP/Lungu responded to Chair/Nelson that she did not speak to an architect about this proposed project. Dennis Anderson, 1950 Silver Hawk Drive, thanked the Commission for their questions to the consultant. He is the first house on the periphery of the property and felt that a 49 foot tower in his back yard will definitely have an effect on the quality of his life. Further, he believed that this project would be detrimental to the property values in the immediate area. The City of Diamond Bards opposed to locating a tower on Diamond Bar Boulevard due to its visibility and as a single homeowner, he does not wish to encumber that which the city finds inappropriate. How do you hide a 40 foot pole in plain site? He has lived in his home for nearly 25 years and his back yard overlooks St. Denis Church. He asked the Commissioners to consider how they would feel having a 49 foot pole in their back yard. Kay Hand, 1936 Silver Hawk Drive, lives directly above Mr. Anderson's home and the church parking lot. Currently, she enjoys a beautiful view, and a large pole in themiddle of the parking lot would destroy that view and it would be an interruption that she feels would definitely affect the re is a better solution to value of her home and her ability to enjoy her property. She believes the camouflaging the pole. Perhaps the location of the cross could be reconsidered. All better the residents directly behind St. Denis Church are in attendance tonight because they are all concerned about the effect of this project on their lives and property. fn response to C/Tye, Mrs. Hand said she does not believe palm tree or windmill sites are camouflaged very well. A cross is a natural occurrence in a church parking lot and she likes that Proposal better because it would fit in with the location. The lights that remain on all night in the parking lot area disturbance. Therefore, she would not favor alight pole. Abetter location for the cross would be favorable and could perhaps be located in the side parking lot. Fatima Partunavi said she bought her house for its beautiful view and the pole will be in the middle of that view. She does not want to look at a pole and pleads with the Commission to not approve the project. VC/Ruzicka asked Mr. Brixee to expound on his discussions with the parish priests at St. Denis, his relationship to them and what their demands or requests amount to, and what they will allow and disallow with respect to this project. 1 1 1. DECEiVMBER 11, 2001 PAGE 5 PLANNING CONI-IISSIOiN vlr. Brixee said he has not personally had any interaction with the church. His firm deals with the parish through a leasing agent. Usually, when his firm finds a candidate that is open to such a project, their dzsian influence is minimal. VC/Ruzicka reiterated that Nextel and Cingular have a joint venture on the north end of Diamond Bar. Although the city was told that certain things could not be done to mitigate the effects of the project on the surrounding neighborhood, in fact, those things were accomplished because the city pushed to have them done. Even though these circumstances are different, he feels there are things that can be done to mitigate the impact of this project. He likes the cross design. VC/Ruzicka moved, C/Tye seconded, to keep the public hearing open and continue the matter to February 12, 2002, to allow staff the opportunity to work with the applicant to satisfactorily address the concerns voiced during this evening's session. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Ruzicka, Tye, Kuo, C/Nelson NOES: CONLVIISSIONERS: None ABSENT: CO1vLvIISSIONERS: None 7.2 Development Review No. 2001-20 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence with a basement, two two -car garages and patics/balconies for a total of approximately 11,410 square feet. Additionally, the request includes retaining walls within the rear/side and front yards with a maximum exposed height of six feet. PROJECT ADDRESS: 23833 Canyon View Drive (Lot 4 of Tract No. 51169) Diamond Bar, CA 91765 PROPERTY OWNER/ Horizon Pacific APPLICANT: 3707 Diamond Bar Boulevard #203 Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-20, Findings of Fact, and conditions of approval, as listed within the resolution. Chair/"Nelson opened the public hearing. Jerry Yeh, Horizon Pacific, said he read staff's report and concurs with the conditions of approval. C/Tye asked the applicant how this project has been designed to prevent the appearance of a "wall of houses." • 1 4 BACKGROUND: The property owner, the Roman Catholic Abp and applicant, Cingular are requesting approval pursuant to Development Code Sections 22.42.130.G.4, 22.58, 22.54 and 22.45 to install a wireless telecommunications facility that includes a pole with antennas and equipment cabinets enclosed by a six foot high wall. 1 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA, ITEM NUMBER: 7.1 REPORT DATE: November 20, 2001 MEETING DATE: December 11, 2001 CASE/FILE NUMBER: Conditional Use Permit No. 2001-04, Variance No. 2001-07 and Development Review No. 2001-12 APPLICATION REQUEST: To install a wireless telecommunications facility that includes a pole with antennas and equipment cabinets. PROJECT LOCATION: St. Denis Roman Catholic Church 2151 S. Diamond Bar Blvd. Diamond Bar, CA 91765 PROPERTY OWNER: Roman Catholic Abp 3424 Wilshire Blvd. Los Angeles, CA 90010 APPLICANT: Cingular 2521 Michelle Dr. -Tustin, CA 92780 BACKGROUND: The property owner, the Roman Catholic Abp and applicant, Cingular are requesting approval pursuant to Development Code Sections 22.42.130.G.4, 22.58, 22.54 and 22.45 to install a wireless telecommunications facility that includes a pole with antennas and equipment cabinets enclosed by a six foot high wall. 1 The project site is located at 2151 S. Diamond Bar Boulevard. It is a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. It is developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (hall/temporary church) probably began in early 1970s and was completed in the late 1980s. The General Plan land use designation for the project site is Medium High Density Residential (RMH-max 16 du/acre) and zoning designation is Multiple Residential -Maximum Lot Size 8,000 Square Feet -1 Unit (R -3-8,000-1U). Generally, the following zones surround the project site: to the north is the Single Family Residential- Minimum Lot Size 8,000 Square Feet (R-1-8,000) and Single Family Residential -Minimum Lot Size 10,000 Square Feet(R- 1-10,000)Zones; to the south is the Multiple Residential -Maximum Lot Size 8,000 Square Feet -30 Unit (R -3-8,000-30U) Zone; to the east'is the R-1-10,000 Zone; and to the west is the R -3-8,000-15U Zone. ANALYSIS: DEVELOPMENT REVIEW/CONDITIONAL USE PERMIT/VARANCE The City's Development Code establishes a Development Review process. The purpose of this process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Development Review is within the Planning Commission's review authority. For the proposed project, Development Review is utilized as an architectural/design review assessing aesthetics and functional standards. The Conditional Use Permit allows for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Conditional Use Permit applications are reviewed for the location, design, configuration, and potential impacts to insure that the proposed use will protect the public health, safety and welfare. The Planning Commission is the review authority for this particular application. For the proposed project, a Conditional Use Permit is required because the proposed telecommunications facility is located within a residential zone (R -3-8,000-1U) and is not architecturally integrated with the building or structure on site so as not be recognized as an antenna. 2 The Variance process is utilized to allow for adjustment from the development standards of: the Development Code. The adjustment may be granted because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions. The adjustment also may be granted when the strict application of the Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self created, hardship. Additionally, when unreasonable regulations make it obviously impractical to require compliance with development standards, an adjustment may be granted. Planning Commission is the review authority for the Variance process. For this project, the Variance process is required because the maximum height of a structure within the R -3•-8,000-1U is 35 feet. The pole that houses the antenna is proposed at 49 feet. The proposed telecommunications facility consists of the following equipment: a pole that will house two cross -polar antennas and is 49 feet tall; three equipment cabinets; and wall enclosure. The pole with. antennas (5.5 feet tall by 8 inches wide by 2 inches thick) inside will replace a light standard which is approximately 32 feet tall and located in a planter area close to the church building. The planter area is located on the first level of the parking lot within the rear portion of the project site. The light fixture will be installed on the antenna Pole approximately 17 feet below the top of the pole. The equipment cabinets will be located across the first level of the parking lot in the planter area separating the first level from the second level of the parking lot (see Exhibit "A" and photo simulation). The equipment will consist of three Base Transceiver Station electronic (BTS) cabinets enclosed by a six- foot high block wall with wrought iron gates utilized for access to the area and underground power conduit. The design of the proposed telecommunications facility does not provide for co -location. Co -location requires a separation of approximately 10 feet between antennas from each provider because of the interference issues. The proposed pole with light standard does not provide adequate space and/or structural stability to accommodate another provider for co -location. If another provider were to co -locate on this facility, the height and diameter of the pole would need to be increased due to structural stability, proper separation and appropriate line of sight for their antennas. The installation of the telecommunications facility will cause the removal of approximately five trees and several shrubs. One tree is located adjacent to the existing light standard that will be replaced with the antenna pole. The remaining trees are 3 located where the equipment cabinets will be installed. The trees that will be removed are not a species that is preserved/protected by the Development Code. However, the trees removed will be relocated in other planter areas on the project site. The applicant will be utilizing the shrubs that are removed to camouflage the wall enclosure to the extent feasible. According to the applicant, Cingular is a wireless communications network that offers affordable services like voice communication, caller identification, paging, facsimile services, e-mail, video communications, and cellular digital data communications. Eventually, customers may have one single phone number for many of those services, -regardless of location. The distance between antenna sites will normally range from 1/2 mile nine miles, depending on the population density, consumer usage, existing vertical elements and geographical terrain. While PCS requires more antenna sites, they are generally not as large or obtrusive as conventional cellular sites. The equipment height is usually proportional to a combination of the distance antennas can cover and the demand of the PCS service within their sphere of influence. Wireless facilities are located throughout the service area to provide adequate call coverage capacity with quality. According to the applicant, currently Cingular Wireless is experiencing coverage and capacity problems within the area of Diamond Bar. The development of the proposed site will allow Cingular customers improved service in this area. Unlike other land use locations that can be spatially determined, the location of the wire telecommunications facility is based on technical requirements, which include service area, geographic elevations, alignment with neighboring sites and customer demand components. As a result, wireless telecommunications facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, and open space. In this case, the proposed telecommunications facility is located approximately 250 feet from a residence to the west and approximately 300 feet from a residence to the east. The proposed facility at the subject location will be unmanned and will require routine maintenance once in every four to six weeks utilizing one vehicle and one or two maintenance personnel. As a result, the proposed facility will have no impact on circulation/traffic. Wireless telecommunications is accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short-range, contiguous cells. Similar to a honeycomb pattern, a cellular system is composed of many neighboring and inter- connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antennas that require an appropriate/clear line of sight. In order to 4 have a clear line of sight, antennas must be mounted high enough to overcome challenges proposed by local topography and development. The required height is usually proportional to a combination of distance the antennas can cover and the demand for the PCS service within their sphere of influence. The applicant's first submittal for telecommunications facility at the project site was proposed adjacent to Diamond Bar Boulevard at a height of 35 feet. This location was not acceptable to the City clue to its visibility. As a result, the applicant submitted an alternative location, which is being presented to the Commission. According to the applicant, due to the hillside topography, existing structures and dense trees surrounding the project site, the height of the proposed antenna pole had to increase in order to obtain an appropriate/clear line Of site for transmitting and receiving signals. However, the proposed antenna pole's visibility will have less of an impact at the proposed location then adjacent to Diamond Bar Boulevard due to the hillside terrain and mature plant materials. Furthermore, the church building exceeds the maximum allowable height of 35 feet, which was permitted by Variance No. 87-320 processed by Los Angeles County. The church building's roofline is at a 40 foot height and the tower is 419 feet tall. Although the proposed antenna pole is taller than permitted in the R -3-8,000-1U Zone, staff believes that its location close to the church structure, similar design and color as the existing light, the re -location of the light fixture on the pole and the mature landscaping will assist in camouflaging the antenna pole as well as the equipment enclosure and create minimal impacts at the project site and surrounding area. CONCLUSION Wireless telecommunications systems can be an invaluable communications tool in the event of emergencies and natural disasters where normal land line communications are often disrupted or inaccessible during and after an event has occurred. They are a valuable tool in business communication and everyday personal use. The proposed telecommunications facility as designed addresses the demand of the local network to provide seamless service to the increasing number of subscribers. According to the applicant, there are no structures in the immediate area that meet the technical height requirements necessary to achieve the line of sight configuration essential to the Cingular network. The selection of prospective sites are not determined only by technical aspects, but rather the accumulation of several factors such as interested property owners, applicable so, and decide, aesthetics, and the ability to construct proposed facility. Cingular researched the possibility of locating the proposed 5 telecommunications facility in the existing bell tower. Due to construction issues (i.e., cable route and distance, etc.), it was not feasible for Cingular to locate inside the tower. According to the applicant, Cingular has obtained the necessary permits and authorization from the FCC. The proposed wireless telecommunications facility must operate in full compliance with all State and Federal regulations including the Telecom- munications Act of 1996. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070(e) and guidelines promulgated thereunder, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-05 has been prepared. The Negative Declaration's review began November 19, 2001 and ended December 9, 2001. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on November 19, 2001. Public hearing notices were mailed to approximately 433 property owners within a 700 -foot radius of the project site on November 15, 2001. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on November 15,2001. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit 2001-04, Variance No.2001-07 and Development Review No. 2001-12, Negative Declaration No. 2001-05, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; 6 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, Provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project: has been reviewed in compliance with the provisions of the California Environmental Quality Act (C:EQA) . REQUIRED VARIANCE FINDINGS: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and. denied to the property owner for which the Variance is sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 7 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: An J. L g As ciate Planner Attachments: 1. ]Draft resolution; 2. ]Exhibit "A" - site plan, elevations and sections, dated December 11, 2001; 3. Photo simulation showing existing and the facility installed; 4. C.ingular Map delineating current coverage without and with the proposed project; 5. Application; and 6. Correspondence dated November 29, 2001 from the residents of Silver Hawk Drive. J A. RECITALS. PLANNING COMMISSION O RESOLUTION O UTION N0.2001 -XX 9� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-049 VARIANCE NO. 2001-07, DEVELOPMENT (REVIEW NO. 2001-12 AND NEGATIVE DECLARATION NO. 2001-05, A REQUEST TO INSTALL AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY. THE PROJECT SITE IS LOCATED AT ST. DENIS ROMAN CATHOLIC CHURCH, 2151 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. The property owner, the Roman Catholic Abp and applicant, Cingular Wireless have filed an application for Conditional Use Permit No. 2001-04, Variance No. 2001-07, Development Review No. 2001-12 and Negative Declaration No. 20CIl -05 for a property located at 2151 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Variance, Development Review, and Negative Declaration shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on December 11, 2001 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 19, 2001. Public hearing notices were mailed to approximately 433 property owners of record within a 700 -foot radius of the project on November 15, 2001. Furthermore, the project site was posted with a display board in three public places on November 15, 2001. 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. 1 01, 2. The PlanningCommission hereby finds that the Initial Study review and tive Y Declaration No. 2001-05 have been prepared by the City of Diamond Bar compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070(e). Negative Declaration No. 2001-05 has been prepared. The Negative Declaration's review began November 19, 2001 and ended December 9, 2001. Furthermore, Negative Declaration No. 2001-05 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. It is developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (hall/temporary church) probably began in early 1970s and was completed in the late 1980s. (b) The General Plan land use designation for the project site is Medium High Density Residential (RMH-max 16 du/acre). (c) The zoning designation for the project site is Multiple Residential -Maximum Lot Size 8,000 Square Feet -1 Unit (R-3-8,000-1 U). (d) Generally, the following zones surround the project site: to the north is the Single Family Residential- Minimum Lot Size 8,000 Square Feet (R-1-8,000) and Single Family Residential -Minimum Lot Size 10,000 Square Feet (R-1- 10,000) Zones; to the south is the Multiple Residential -Maximum Lot Size 8,000 Square Feet -30 Unit (R -3-8,000-30U) Zone; to the east is the R-1- 10,000 Zone; and to the west is the R -3-8,000-15U Zone. (e) The application request is to install a telecommunications facility consisting of the following equipment: a pole that will house two cross - polar antennas and is 49 feet tall; three equipment cabinets; and wall enclosure. The pole with antennas (5.5 feet tall by 8 inches wide by 2 inches thick) inside will replace a light standard located in a planter area close to the church building. The planter area is located on the first level of the parking lot within the rear portion of the project site. The light fixture 2 will be installed onO the antenna pole approximately 17 feet belovi p of the pole. The equipment will be located across the first level of parking lot in the planter area separating the first level from the secori�)► level of the parking lot (see Exhibit "A" and photo simulation). The equipment will consist of three Base Transceiver Station electronic (BTS) cabinets enclosed by a six-foot high block wall with wrought iron gates utilized for access to the area and underground power conduit. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. The proposed unmanned wireless telecommunications facility is permitted in the R-3-8, 000-1 U Zone with a Conditional Use Permit and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of Medium High Density Residential (RMH-max 16 du/acre). Objectives and Strategies of the General Plan encourage the establishment of new technology that are deemed environmentally safe and compatible with development. The proposed project is required to comply with Federal regulations regarding radio frequency emissions, thereby considered environmentally safe. The existing telecommunications facility is compatible with the General Plan in that it will only generate a very minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. It will not create a new source of light and noise. It will not be visible from Diamond Bar Boulevard and minimally visible from Silver Hawk Drive. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. Itis developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (halUtemporary church) probably began in early 1970s and was completed in the late 1980s. The existing telecommunications facility utilizes approximately 300 .square feet of the project site. The antenna pole replaces an existing light standard and the equipment enclosure is located within a planter area of 3 the parking lot. Considering the size of the project site and the a utilized by the proposed telecommunications facility, it is clear th project site can accommodate the facility. The telecommunications will9 enerate a minimal amount of additional traffic to the neighborhood�l' infrequent maintenance visits. It does not create a new source of light and noise. The facility will comply with all FCC regulations. It will not be visible from Diamond Bar Boulevard and minimally visible from Silver Hawk Drive and will not block the view of the hillside to the north or residences to the west and east. The facility will be camouflaged fairly well by the existing mature landscaping. Therefore, it is unlikely that the facility will have a negative impact on the single-family residential neighborhood adjacent to the project site. Therefore, the project's design, location, size and operational characteristics, as conditioned, is compatible with the existing and future land uses in the vicinity. (i} The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; As referenced above in Item (h), the proposed telecommunications facility still meets the required development standards for the R-3-8,000-1 U zone except for height which a Variance application is being processed.. Provisions for utilities exist at the project site. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (j), the proposed telecommunications facility with the Variance approval and as amended here in will meet the City's minimum development standards. Traffic is minimal. As discussed in Item (h) above, the existing telecommunications facility meets the FCC requirements regarding radio frequency emissions safety and has been installed with the appropriate City permits. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070(e) and guidelines promulgated thereunder, Negative Declaration No. 2001-05 has been prepared. 4 Variance 64P (1) There are special circumstances applicable to the property (e.g.lat shape, size, surroundings, topography, or other conditions), so t , strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Wireless telecommunications is accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short-range, contiguous cells. Similar to a honeycomb pattem, a cellular system is composed of many neighboring and inter -connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antennas that require an appropriate%lear fine of sight. In order to have a clear line of sight, antennas must be mounted high enough to overcome challenges proposed by local topography and development. The required height is usually proportional to a combination of distance antennas can cover and the demand for the PCS service within their sphere of influence. The applicant's first submittal for telecommunications facility at the project site was proposed adjacent to Diamond Bar Boulevard at a height of 35 feet. This location was not acceptable to the City due to its visibility. As a result, the applicant submitted an alternative location, which is being presented to the Commission. According to the applicant, due to the hillside topography, existing structures and dense trees surrounding the project site, the height of the proposed antenna pole had to increase in order to obtain an appropriate%lear line of site for transmitting and receiving signals. However, antenna pole's visibility will have less of an impact at the proposed location then adjacent to Diamond Bar Boulevard due to the hillside terrain and mature plant materials. Furthermore, the church building exceeds the maximum allowable height of 35 feet, which was permitted by Variance No. 87-320 processed by Los Angeles County. The church building is roofline is at a 40 -foot height and the tower is 49 feet tall. Although the proposed antenna pole is taller than permitted in the R-3-8,000-1 U Zone, staff believes that its location close to the church structure, similar design and color as the existing light, the re -location of the light fixture on the pole and the mature landscaping will assist in camouflaging the antenna pole as well as the equipment enclosure and create minimal impacts at the project site and surrounding area. (m). Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; 5 Granting of the Variance allows the proposed telecommunicatib4itity to address the demand of the local network in order to provide s l ss service to the increasing number of subscribers. This wir s telecommunications systems will be an invaluable communications tool in the event of emergencies and natural disasters were normal land line communications are often disrupted or inaccessible during and after an event has occurred. Such facilities are a valuable tool in business communication and everyday personal use. Additionally, within the City of Diamond Bar there are other such facilities located within a residential zone. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; and As referenced in Item (g) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed telecommunications facility will comply with all FCC requirements and Building and Safety Division and Public Works Division requirements. As a result, the proposed telecommunications facility will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Development Review (p) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); As referenced above in Items (g), (h), (i) and (j), the existing telecommunications facility as amended herein and with the Variance approval is consistent with the City's Design Guidelines, development standards of the applicable district, and architectural criteria for special areas. Additionally, a specified architectural criterion for the area does not exist. (q) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; As referenced in Items (h above, the design and layout of the proposed telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and does not create traffic or pedestrian hazards. 0 10, r Th () a architectural design of the proposed development is compa ith the characteristics of the surrounding neighborhood and will mainta enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; As referenced in Item (h) above, the architectural design of the proposed telecommunications facilitate with the Variance approval will be compatible with the characteristics of the surrounding neighborhood and maintains and enhances the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan. (s) The design of the proposed development will provide a desirable environment for its occupants and visiting publicus well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; As referenced above in Item (h) and (I), the design of the existing telecommunications facility provides a desirable environment for a occupants of surrounding residences and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (t) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; As referenced in items (h), (I) and (o)) above, the telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan, sections/ elevations, and landscape/irrigation plan, collectively labeled as Exhibit "A" dated December 11, 2001, as submitted, amended herein and approved by the Planning Commission. (b) The 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 ihas been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, 7 0 commercial, construction, and industrial areas within the City. be the applicant's obligation to insure that the waste contractor ut has obtained permits from the City of Diamond Bar to provide such services. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with all Federal, state and City regulations. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit (f) Prior to the issuance of any City permits, the applicant shall submit a landscape/irrigation plan delineating the relocation of all shrubs, trees and ground cover removed. Said plans shall also delineate additional plant material required to camouflage the telecommunications facility to the Planning Division's satisfaction. (g) The pole housing the antennas and light fixture shall not exceed a height of 49 feet. (h) Prior to the issuance of any City permits, the applicant shall submit documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limit approved by the FCC for the City's review and approval. (i) Prior to the issuance of any City permits, the applicant shall submit licenses and approvals to provide wireless telecommunications services to the City. (j) If any work shall occur in the public right- of- way, the applicant shall submit plans for review and approval and obtain an encroachment permit. (k) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan delineating construction details, calculations, top of wall, bottom of wall and finished surface. Said wall shall not exceed a height of six feet. (1) All plans shall conform to State and local building codes (i.e. 1998 edition of the California Uniform Building Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. (m) Proposed antennas shall be engineered to meet wi ds of 80 m.p.h. with an exposure of ,C". (n) All cables shall be installed underground. (o) 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 and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (p) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Roman Catholic Church Abp, 3424 Wilshire Boulevard, Los Angeles, CA 90010 and Cingular Wireless, 2521 Michelle Drive, Tustin, CA 92780 APPROVED AND ADOPTED THIS 11TH OF DECEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Chairman 9 theoin I, James DeStefano, Planning Commission Secretary, do hereby certify that9 Resolution was duly introduced, passed, and adopted by the Planning Commi1City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11 th d December 2001, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary 10 _The SITE PHOTOGRAPHS SB -106-01 Consulting 2151 S. DIAMOND BAR B. Group, f nC, BLVD.DIAMOND BAR, CA 91765 The Consulting Group, Inc. SITE PHOTOGRAPHS SB -106-01 2151 S. DIAMOND BAR BLVD. DIAMOND BAR, CA 91765 • nwr_ 1-1- ...._ _ _ _ vi A. -. rpt ,, .r � � •. '+c r '�-r�L�'t •`' �a,lt7 " .•,yj��rt i A ` ..g !The SITE PHOTOGRAPHS SB-106-01 Consulting 2151 S. DIAMOND BAR BLVD. _ Group, Inc:. DIAMOND BAR, CA 91765 APN: 8292-001-012 .cv. a.wniiNq, avu I HLAb I FROM SITE --- a.www a U I n r KUM mill -E r-� - VA D x ■ _ `.'Rill!` - - - 44 ti lo ■ w { c�� rort�v �� ❑, nn O d O 7 O m o 7a t7Won n �..0 N 3 ❑�❑ m�cn� rn[nul m u m ❑ 7 7 .< ID O i0 O n l C OtoO N O o 7 0 o _ ,O < 0 ❑. ❑. D O ❑ O .� Ln N m m m d o a, w 1 ID Q. n r a r e o n & -. m,om ma Iv < w a n. N in Nn y O m < N O N DI £ d 1 — ❑ n r- ❑ mim m 3 07 3 rt a to C m w r QjLn 3 w a n � r al :-:"-moo I c1aa� Nznmvm q a," O a o o m o Vl\y O 7 ... 7 n .. G. 1n 7 0 7� N t0 J 0 3 � d w D eY7 p 7+� O r1 w 7O 0 O y 11 O O n Ol Ic (U 3 m LO En g o o D ——< O N O d ] O � d O n n F N N 10 017 J o b N x V� mo a 7 d Q J 7 m 0 T 'O N (p G t0 A o m N LD 7 ru o; S <.. ti 1 Vy m F C" n � CL n M i w r o 3m3 m � G 1 co w 3 r O n r G • CITY OF DIAMOND BAR DEP.ARlTdMXTOF -' COMMUNITY & DEVELOPMENT SERVICES Planning Division 2) WEE Capley Driw Stott 190, DiatnandBar, CA 9I765 (909)396-5676 Fax (909)861-3117 CONDITIONAL USE PERMIT APPLICATION Record owner .4 *b ant NameRoman.Catholir.Ahp. CinQnlag_.etc gjvera (U name �)• E 11 e n I� o 1 i n pst name ae) Ade, -.g3424 Wilshire Blvd, Citv Los Anaeles, CA. 'Zip 90010 Pbcnc( ) C109-861-71061 Fax ( ) 9591 Tust i n . C -A 92780 Fbonc(l) 714-734-71an Fax ( ) 714-734-7530 Cast — Dcposit S Reccipt # BY Qin Date Aec'd-e,? 7,T/ FOR CM USE Applicant's Agent The remg r1 t i ng Group (I.ast nam„ Lne n r y N oh 1 R9i10 Von Knr'man _ 87n Irvin CA 9 612 y! Pbcne( ) 949'-906-2513 Fax ( ) -477-3063 NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Arae'_ sopa ate snort, if --ecessa-y, inciud ng nems, addmsses, and signatures of members of partuetsbips, joint ventures. and di= --tors of corocraacns.) Conser._• I certify that I am the mvner of the herein described property and permitfhe applicantta ftL this request _. Sipsd Please see attached LOA. Date_ 7/30/01 (All record ownc:-s) Certification: 1, the undersigned, hereby certify underpenalty ofperjurytharthe information herein provided is correct [B the best of my knowledge. P:-ntNaae Henry K. Noh - The Consulting Group,Inc nelicaat m A=nt sime.d Date Location 2151 South Diamond Bar Blvd., Dilamonj Bar, CA 91765 (Sure: t address or tract and lot number) Zonis; x -_3 8,000 — /!J House Numbering Mapjt4;537 Previous Cases Unknown Present Use of Site Religious use - Church Useappliedlor Wireless Telecommunications Facility - Conditional Use Permit City of Diamond Bar _ CONDMONAL USE PERMIT Page Two Project Size (gross acres) 320 s . f . Project Density _ N/A Previous Cases Unknown Present Use of Site Relictious Use for Cburch Domestic Water Source N/A Company/District Method of Sewage Disposal _ N/A Sanitation District Grading of Lots by Applicant? YES NO X Amount (Show necessar), grading design on site plan or tent. map) i CONDMONAL USE PERNTT 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: (answers must be full & complete) A. That the requested use at the location proposed will not: 1. Adversely affect tate health, peace, comfort or welfare of persons residiag 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 viciaity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. The proposed project will not adversely affect, be materially detrimental jeopardize or endanger the public health, safety or welfare of any person or property within the surrounding ar B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loadint: facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. The proposed_ project site is adequate in size and shape to accommodate the screen walls, equipment and antennas for our development. C That the proposed site is adequately served: l . By highways or stro.ts 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 proposed project is adequately served with existing paved stree s and will not generate any traffic The proposed oro'e) ct also has adequate power and telco services. Residential: N/A Total Units Bachelor 1 Bedroom 2 Bdrm. & larger Total Pkg. Cov. Pkg. Unoov. Pkg. ProjectSize: 320 _ s . f . Lot Coverage: N/A Density: N/A Maximum Height: No. of floors: N/A . Sq. Footage -'19 n s. f. Non-residential: 320. s. f. N A N/A Sq. ft. area No. of Bldgs. Occupant Load* CUP Burden of Proof - Page I Parking: N/A Total Standard Compact Handicap Landscaping: N/A Sq. feet Grading: Y _ N— N/A If yes, Quantity': Cut: Fill: Import: Y _ N_ Ifyes, Quantity:. Export: Y _ N_ If yes, Quantity. Occupant Load as calculated by the Building & Sofety Division is required for all dining, take-out or assembly use, churches, health clubs, theaters, etc. LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s) Please see attached PTR. Area devoted to structures Landscaping/Open spacer- Residential pateResidential Project: N/A and (gross area) (No. of lots) Proposed densis (Units/Acres) Parking N/A Required Provided Standard Compact Handicapped Total Conditional Use Permit Burden of Proof - Page 2 2 3 4. 5. Staff Use Project No. ---------------- INITIAL STUDY QUESTIONNAIRE (to be completed by applicant) A. GENERAL FORMATION Project Applicant (Owner): • Project Representative: Wire -less - Mark Rivera idenry Noh - The Consultin Grouo NAME ADDRESS i r 2n rI P 1 - RES, r >()nyen uarman uite 870 ADDRESS 7L`Iina ('A 9��1� (714) 734-7467 _--_ PriONE# (714) 906-2513 FAX# PHO,YE # FAX# i Action requ=stedand projectdescription: Please see attached document. street lccationofproject:2151 S. Diamond Bar Blvd., Diamond Bar, CA 91765 Present u:ae of site Relicrious UsP_ rt,,,, -.:L Previous ,se of site or structures: Unknown Project Description a. Site Size (total arca) .b. Square Footage (covered by structures, paving Number of floors of construction d. Aim ountOfOf-street parking Provided C. Landscaping, open space f. Propose scheduling g Associated projects h. Anticipated incremental development 320 s.f. 300 s.f. N/A N/A N/A N/A N/A N A Initial Study Quexuamaire . Page I 6 7 i If residential, include the number of traits, schedule of unit sizes (rzage of sale prices or rents and npc of household . size expxted) _ N / A j. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A k. If industrial. indicate type, estimated employment per shin, and loading facilities 1. if institutional, indicate the major hmction, estimated employment per shift, estimated occupancy. loading facilities, and community benefits to be derived from the project. N/A m.. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. because there is an existing CUP on the property and aur facility intensifies the conditioned uses approved for this property. Plcase list all previous cases (if any) related to this project: N/A List related permit/approvals required. Specify type and granting agency. N/A 8 Are you planning future phases of this project? If yes, explain. 9. Present zoning: R-3 10. Water and sewer service: Domestic Water Does service exist at site? N/A Y— N — If yes, do purveyors have capacity to meet demand of project and all other approved projects? Y Y N X Public Sewers Y_ N _ Y_ N _ Inaiel Study Questionnaire - Pase1 If domc-stic water or public sewers are not available, how will thesc sc vices be provided? N/A 11. Resid=tial Projects: N/A a. Number and type of units: b. Floor area of each unit: c. Number offloors d. Schools: What school district(s) serves the property? Are existing school facilities adequate to meet project n=ds? YES _ NO _ If not, what provisions will be made for additional classrooms? 2. Non-r::sidentW projects: (commercial, ;industrial, institutional) a. Distan a to -nearest residential use or sensitive use (school, hospital, etc.) ADD. 150 f t . b. Number and floor area of buildings: N/A _ C. _Number of employees and shifts: Unmanned facility d. MaXimum employees per shift: N/A e. Operatinghours: 24 hrs/day 7 days/week f. Community benefit to be derived from project: The citizens of Diamond Bar who live or work within the surrounding area of 2151 S Diamond Bar Blvd and areCingular customers will have continuous coverage. g. Id -.m & -y any; End products NIA Was1c products Mans of disposal h. Do project operations use, star. or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO X If yes, explain initial Study Qulaiomaire - Page 3 i. Do your operations require any pressurized tanks? YES NO X If yes, explain j. Identify any flammable, reactive or explosive materials to be located on-site. N/A k. Will delivery or shipment trucks travel through residential arras to Mach the nearest highway? If yes, explain YES NO X 13. Associated Projects ',.'N/A , Anticipated incremental development N/A 15. If residential, include the number of units, schedule of unit sizes N/A I& •U commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17. If indusuial, indicate type, estimated employment.per shift, and loading facilities N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project N/A kaaisl S4udy'Quesda nairc - Page 4 0 B. ENVIRONMENTAL INFORMATION (to be completed by applicant) 1. Environmental Setting»Projcct Site a. Existing uselstructures Religious Use — Church b. Topography/slopes N/A *c. Vegetation N/A 'O:d. Animals N/A `e. Wat=r,.ourscs N/A Culturallhistorical resourc=s Unknown a. Ower ?. Environmental Setting-- Surrounding Arca a. Existing uses structures (t}pcs, dcnsities): Church & Church Hall b. Topography/slop=s *c. Veactation N/A *d Animals N/A iaaul Study Qumiawaire - Pase 5 rte. Watercourses . N/A f CulttuaUhistoricalresources Unknown g. Other N/A ' Answers are not required if the area does not contain natural, undeveloped land. 3. Are there any major trees on the site, including oak trr_s, walaut trees, sycamore, California pepper and arroyo willow? YES NO X If yes, type and number: 4 Will any natural watercourses, surface flow patterns, etc., be changed through project development?: If yes, explain: YES NO Y 5 G: ad:no: WLI the project require grading? YES NO X ifyes, 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 fila)? , If yes, explain: YES NO _X 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES NO _X Distance to nearest fire station: halal study QUCS ionnave - Page 6 8. Noise: Existing noise sources at site: The existing noise is generated from the auto traffic on Diamond Bar Blvd. Noise or vibration to be generated by project: M i n i m a l n n i R P g P n P r n +--;3, A hUTn p _s o r p r n Noise level is equivalent to a computer fan. 4. Fumes: Odors generated by project: N/A Could toxic fumes be generated? N/A 10. Dust: Dust, ash, or smoke generated by project: N/A 11. What energy -conserving desims or material will be used? N/A CERTG'ICATION: I hereby certit , that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation t the best of my ability, and that the facts, statements, and information presented are true and correct to best of my Inrowl a and ef. Date For: Initial study Quetionna'vo - Page 7 CERTIFIED PkOPERTY OWNER'S LIS1 AFFIDAVIT STATE OF CALIFORNIA CITY OF DIAMOND BAR COUNTYOF LOS ANGELES I, ROBERT E. CUELLAR, hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County of Los Angeles within the area described and for a distance of seven hundred (700) feet from the exterior boundaries of property legally described on the application. I certify under penalty of perjury that the foregoing is true and correct. Date: AUGUST 8. 2001 Signed tt�� (0 C" � . � 0.- -1% SITE # SB -106-01 - ST. DENIS CATHOLIC CHURCH 2151 S. DIAMOND BAR BLVD. . , r CITY OF DIAMOND BAR '.lilt.COMMUNITY DEVELOPMENT DEPARTMENT 21660. E. Copley Drive Suite 190 (909)396-5676 Fax (909)661-3117 -......N - VARIANCE APPLICATION 'W. Q,Record Owner Name Rahn Lathe Iic Abp. (Listname first) I� Address 34 �' ` W 115 re gut city Los Anq ler, cA zP.—go010 Phone( ) CIA - 9491 • t 10 t0 Applicant l��r�c�l�lolr-Marr R�vera� (Lan name first) Michel_h' Dr. _ Tus-h n. CA 012-70a0 Case# V /z goo 1- 17- FPL M Deposit S Receipt# By—_ Date Recd Applicant's Agent The Con5ulhnn Ciro* (Last name t)11e{lr No17 12500 w n von r ma n: 6 7,9 Zruirle, cA. 12- r=* ( ) 714' 734- %.wo Phone( ) r14 L q06 - 2.5 3 Fchx( )'714- 73q -'7530 F"x( ) C1461- qrl T3.1.3 NOTE: It is the applicant's responsibility to notify the Community Development Director is 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 ventu directors of corporations.) re, and Consent: I r_ertify that I am the owner oj'the herein described property and permit the applicant to fele this request. Signed Please see clijo t.oa Date 7/30fo� (All record owners) Cerrification: 1, the undersigned, hereby certify under penally of pe irry that the information herein rovided is correct to the best of my knowledge. CZAIC Z,)/:SeZ,)/:Se,� of / 36_0�,yZ� �aX p Print Name Signed Locatioo 51 South Dlcamon< (Street address or tract and lot number) betweca and (Strut) (Street) Zoning P- 3 ono IMM Projt Size (gross acres) Project Density {-1l.ell Previous Cases n V- n o W h Present Use of Site R� I - -LOA nA 5 ,)Se Use appL•ed Iror &Ire less Te I e co n Fol Gil+ty 1765 Domestic Water-Source -Company/District Method of Sewage Disposal N/A Saaitadon District 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.) Project Sire- Gross Arra No. of Lots Area devoted to : Stretetu es N/A open Space Residential project: N //C�% and Gross Area No. of floats Proposed Density N �, Units/Acre6 Number and types of Units N/A Residential Parking: Type Required Provided Total Required Total Provided Staff Use Project No. DMIAL STUDY QUESTIONNAIItE A. GENERAL INFORMATION Project Applicant (Owner): P Cd Reprewntahve: G i n1.0NAN E r Wireless-MarV- gitGra Oenry Nob- The Consul-; emu NAMNAME M►�he1� ,�r.2��Ic�r 5Do Von Karman Su,te o P ADDRESS ADDRESS �— U5-�1 GA 2'7 4�0 Z rev i ne . GA q Z ro i Z r7 4- •rN �- 900 2 513 PHONE X PHONE X 1. Action :-4uestcd and project description: P I eO15e See nA c, bed 1L) 0 CV me t�rl- 2. Street location of project: L51 51 s D i ol m oncl R�o1 r -� iolmo5a G 17 (o S 3a. Present use of sit-: r`i� ( t Ta 5 U S e - Ghu rc h 3b. Previous use of site or structures:_ U n V now n a• Place list all previous ca= (if any) related to this proje= N/A S. Otho; related P=rxnidapprovals required. (` Specify type and granting agency._ G U P C l 1 1 0 i Diimenol 561 6 • Ar- you planning future phi of thus project? Y O If yes, explain: 7. Project Ares: Covered by structures, paving:( LandreapLog, open space: 8• Number of floors: Total Arca„N�A 9. Present znnittg: L C)OO 10.- Water and sewer service: Domestic Public /, Water Sewers Does service exist at site? N/A Y N Y N If yes, do purveyors have capacity to meet demand of project armed all other approved projects? Y N Y N If domestic water or public sewers an not available, how will these services be provided? N/A Residential Projects: N/A 11. Number and type of units: 12. schools: N/A 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. Dista--- • -----Cr --.�;dent;al use or sensitive use (school, hospital, etc.) 14. Number and floor arre& of buildings: N/A 15. Number of employees and shifts: Uhma n ned FncI I I f-/ 16. Maximum employees per shift: V %A 17. Operating bouts: )- h r S c6y 7 clays / Nlee 18. Identity any: End products N/A Waste products. Means of disposal 19. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive ma - ? YES NO If yes, explain 20. Do your opctations require any pressurized tanks? YES NO If yes, explain 21. Identify any flammable. reaarve or explosive materials to be located oa-site. N/A 22. Will delivery or shipment trucks travel thm gh residential areas_ to reach the neatest highway? YES NO If yes. explain B. ENVIRONMENTAL INFORMATION I. Environmental Setting—Project Sita n,, a. Existing use/structure:_ k 11! j0"U:5 Use- Gh u rc h U b. Topography/slopes N/A *c. vegetation N/A *d. Animals N/A *e. Watercourses f. Cultural/historical resources t)h I -n o w n g. Other 2. Environmental Setting — Surrounding Arta a. Existing uses structures (types, densities): Ghh Church HC41I 6. Tom nwhy/slopes N /A -c. vegetation NIA *d. Animals N /A "'. Watercourses 1A f. Culaual/lustorical resourrrs v n 1- now rl 9. other N %A . , V 3. Ase them any major twee on the site, including oak trams? ES NO If yes, type and number. 4. Will any nanuzi watercourses, mufac flow patterns, ac., be changed through project development?: YES NO If yes, explain: 5. Grading: Will the project require grading?YES NO If yes, how many cubic ;yards? ^ l-. 00 90 cub%G feet- 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)? Yr - If ;des, explain: %. Is the property located within a high fire harard arra (hillsides with moderately dense vegetation)? YES NO Distance to nearest fire station: N/A 8. Noise: Existing noire sourrU at cite: The; ey% Obi i ne�q�p� �m i � �u� �A G 1)10►Inood bar BJVd. -i Oh Noise to be generated by project: M i n t '1q Otv-1t2clit No,je leve► i5�by�D osed s Odors generated by project: Could toxic fumes be generated? N/A 9-• What energy -construing designs or material will be used? N/A 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 affed the health, peace, comfort or welfare or persons residing or woriang 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. The ro seclro ec w i 1 nod oid e rse I okbbdl► e -A) ter hello► u 1i e r lir hrit pruperi�4i 'h the 5u�rouholi g olreal. B. That the proposed site a adequate in sine and shape to accommodate the yards, walls, fences, parloag and loading facilities, landscaping and other development features prescribed in this Ordinance, or as is otherwise required in order to integrate said use with tie uses in the surrounding area. T he roP015e6l proite-,+i o, d uz,t6 n Siz a h d of GG ool al �e �-he 1AIn PA W r C. That the proposed site is adle�glruilely 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. ed IT D. That there arc special cimumstaacee 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. __ Plegse ee Aiinc4ie Documpr,-i A ) • E. That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property -in-the &arae vicinity -and zone. P l2GIS8 set: A4fn&bM Do(,Qwnt F. Tbat the granting of the variju= wiU not be mat,rially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. PIecG5e pgcu ren CERTIRCATTON: 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, and information presented am true and correct to the hest of my lmowledge and be "ef. G Date Si For: 4 , / a It should -also be noted that additional eaviirpnmeatal material/ --data may be requited before project pros= -.sing can begin and A. public hearing meeting scheduled. The results of the staff's eaviroameatal review (Initial Study) will be seat to you as soon as possible. AT THE TDAE THE INITIAL STUDY IS COMPLETED, YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL iENVIRONMENTALFEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Planning Division. If . t r City of Diamond Bar Community and Development Services, _ Date: 11-29-01 Planning Division, 21825 E. Copley Dr. .01 "CC _5 n` :22 Diamond Bar, CA 91765 Subject: Conditional Use Permit No. 2001-04 Dear Sirs, We, the residents and property owners of Silver Hawk Dr., herewith express our deeply unhappiness and disagreement with the installation of Cingular wireless telecommunication facilities in the area of St. Denis Catholic Church, 2151 S. Diamond Bar Blvd., because: 1- Spoiling the view our houses. 2- Environmental Hazard, that would affect on the health of our children and pets. 3- and affecting on the value of our properties, the result of which would be meeting with a great loss and losing a lot of money. So, strongly we request you to prevent approving the plan. Sincerely, Residents of Silver Hawk Dr. LA ---Et 4- �er► e r+vn io -4�lvvl�A ��F}2crq, 1 1 p - 0.2- — o ) �J [q -)"L �q� rt (3 Y -L s k LO L l 134 51 v e r Si L u Iq�y {ver LA ---Et 4- �er► e r+vn io -4�lvvl�A ��F}2crq, 1 1 p - 0.2- — o ) �J [q -)"L �q� rt (3 Y -L s k LO L l 134 91'� n C/ Si L u LA ---Et 4- �er► e r+vn io -4�lvvl�A ��F}2crq, 1 1 p - 0.2- — o ) �J [q -)"L �q� rt (3 Y -L s k LO L l 134 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.2 REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: APPLICANT: BACKGROUND: January 23, 2002 February 12, 2002 Development Code Amendment No. 2001-04 To amend Article IV, Section 22.50.030 City Wide City of Diamond Bar 21825 E. Copley Drive, Diamond Bar, CA 91789 The applicant, City of Diamond Bar, is requesting Development Code Amendment No. 2001-04 in order to amend the following Article and Section of the Development Code that relates to seasonal and promotional outdoor display/sales events: Article IV Section 22.50.030, page IV -18-19, Allowed Temporary Uses. Development Code Amendment No. 2001-04 was present to the Planning Commission on January 8, 2002. At that time, the Commission continued the public hearing to February 12, 2002 at staff's request. ANALYSIS: The purposE! of the Development Code is to implement the policies of the City's General Plan by classifying and regulating the uses of land and structures within the City. In addition, the Development Code protects and promotes the public health, safety, and general welfare of the residents, and preserves and enhances the aesthetic quality of the City. The Development Code provides standards for orderly growth and development and promotes a stable pattern of land uses. It is a tool utilized to implement land uses designated by the General Plan, thereby avoiding conflict between land uses. The Development Code assists in protecting and maintaining property values, and conserving and protecting the City's natural resources. Furthermore, the Development Code facilitates in protecting the City's character, and social and economic stability, as well as assisting in maintaining a high quality of life without unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovative design. Historically and pursuant to Development Code standards, the City has permitted promotional outdoor sales events. The time period for such sales events through the Temporary Use Permit process varies depending on the event. Recently, the City has received many requests for temporary outdoor auto sales for dealerships. As a result, the City of Diamond Bar has initiated this amendment related to temporary uses in order to more clearly defined the requirements for permitting promotional outdoor sales events. The amendment is intended to modify the language, thereby supporting the City's policy regarding temporary outdoor sales events. Temporary Uses Permits The purpose of a Temporary Use Permit is to provide a process for reviewing the proposed temporary uses to ensure that basic health, safety, and community welfare standards are met and approving suitable temporary uses with a minimum necessary condition for limitations consistent with the temporary nature of the use. A Temporary Use Permit allows short-term activities that might not meet the standards ordinarily applicable to the zoning districts, but may otherwise be acceptable because of their temporary use. The following delineates the current standards and utilizes strikethrough and bold Italics to emphasis the recommended amendment/language modification. Section 22.50.030 - Allowed Temporary Uses (page IV -19) +thy - the -wester. A use or activity that would require a Conditional Use Permit under this Title if established as a permanent use is not eligible for a Temporary Use Permit and is not permitted as a temporary use under this Chapter. The following temporary uses may be allowed subject to issuance of a Temporary Use Permit by the Director. A. Car washes. Car washes, more than two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts. B. Construction yards. Off-site contractors' construction yards, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project. 2 s C. Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's markets, festivals, flea mafkets, food events, sidewalk sales, outdoor entertainment/sporting events and rodeos, FUmmage sales, for a maximum of 10 consecutive days, or six weekends, within a 12 -month period. D. Helipads. The temporary establishment and use of a helipad up to three days. E. Movie on -location filming activities. The temporary use of a specified and approved on - location site for the filming of movie(s). The Director shall find that the approval will not result in the frequency of use likely to create incompatibility between the temporary filming activity and the surrounding area. a F. Outside displays/sales. The temporary outdoor display/sales of new merchandise (except as provided below) by an adjoining business or in connection with an event permitted by paragraph C of this Section, in compliance with Section 22.42.080 (Outdoor Display and Sales). The display and/or sale of used merchandise or goods is prohibited except for a business located in the City that as part of the ordinary business operation sells used merchandise or goods. G. Residences. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force. The permit may be approved for up to one year, or upon expiration of the Building Permit, whichever occurs first. H. Seasonal sales lots. Seasonal sales activities (e.g., and Halloween, Thanksgiving, Christmas) including temporary residence/security trailers, on non-residential properties, and for up to 30 days. 1. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum time period of one year from the date of approval. J. Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may, be approved, for maximum time period of one year from the date of the approval, as an accessory use or as the first phase of a development project. An additional time may be authorized with Minor Conditional Use Permit approval, in compliance with Chapter 22.56 (Minor Conditional Use Permits). K. Temporary work trailers. The trailer a mobile home used as a temporary work site for employees of a business: During construction or remodeling of a permanent commercial or manufacturing structure, when a valid Building Permit is in force; or 2. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is be obtained. A permit for a temporary trailer(s) may be granted for up to one year. L. Similar temporary uses. Other temporary uses which, in the opinion of the Director, are similar and compatible with the zoning districts and surrounding land uses. Conclusion: The Temporary Use Permit grants the City the ability to review short-term activities like seasonal and promotional outdoor display sales events that might not meet the standards ordinarily applicable to the zoning districts, but may otherwise be acceptable because of their temporary use. The temporary use standards, as modified by the proposed amendment, will more clearly defined the requirements and City policy for permitting promotional outdoor sales events. The proposed amendment will support businesses by allowing temporary promotional sales events. Hence, the City's General Plan will be implemented by minimizing sales tax leakage out of Diamond Bar and capturing the City's fair share of sales tax revenue through promoting special sales events. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of Regulations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 97-03 for the City's Development Code. Therefore, further environmental review is not required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and San Gabriel Valley Tribune on December 28, 2001. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on December 28, 2001. RECOMMENDATIONS: Staff recommends that the Planning Commission adopt a resolution recommending approval of Development Code Amendment No. 2001-04 to City Council. 4 Prepared by: nn J. Ltffig•, ss to Planner Attachments: Draft Resolution 0 PLANNING COMMISSION RESOLUTION N0.2001 -XX 1� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2001-04 AND CATEGORICAL EXEMPTION. A. RECITALS. The City of Diamond Bar has initiated an application for Development Code Amendment No. 2001-04 and Categorical Exemption. Hereinafter in this Resolution, the subject . Development Code Amendment and Categorical Exemption shall be referred to as the "Application". 2. The Community and Development Services Department has determined that the following existing development standard within the Development Code requires modification in order to implement the General Plan: Article IV Section 22.50.030, Allowed Temporary Uses 3. Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on December 28, 2001. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display, advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on December 28, 2001. 4. The Planning Commission of the City of Diamond Bar on January 8, 2002 conducted a duly noticed public hearing on the Application. The public hearing was continued to February 12, 2002 in order to allow staff additional time to research the matter further. 5 On February 12, 2002, the Planning Commission, consideration of public testimony, staff analysis and the C deliberations has determined that the Development Code Amendment No. 2001-04 attached hereto as Exhibit "A" implements the Strategies of the General Plan. The Planning Commission at that time concluded the public hearing. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15162(a). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2001-04 attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 12TH OF FEBRUARY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 2 BY: Steve Nelson, Chairman 0 *4P9,cr 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 12th day of February 2002, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary DEVELOPMENT CODE AMENDMENT NO. 2001-04 EXHIBIT "A" Section 22.50.030 - Allowed Temporary Uses, of Article IV, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: a. The introductory paragraph is amended to read: "A use or activity that would require a Conditional Use Permit under this Title if established as a permanent use is not eligible for a Temporary Use Permit and is not permitted as a temporary use under this Chapter. The following temporary uses may be allowed subject to issuance of a Temporary Use Permit by the Director. " b. Subparagraph C is amended to read: "Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's markets, festivals, food events, sidewalk sales, outdoor entertainmentisporting events, and rodeos, for a maximum of 10 consecutive days, or six weekends, within a 12 - month period. " c. Subparagraph F is amended to read: -Outside displays/sales. The temporary outdoor display/sales of new merchandise (except as provided below) by an adjoining business or in connection with an event permitted by paragraph C of this Section, in compliance with Section 22.42.080 (Outdoor Display and Sales). 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