HomeMy WebLinkAboutRES 97-58RESOLUTION NO. 97- 58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING FOR TWELVE MONTHS, CONDITIONAL USE PERMIT
NO. 96-10, AND DEVELOPMENT REVIEW NO. 96-9, A REQUEST FOR
CO -LOCATION OF A TELECOMMUNICATIONS FACILITY BY COX
COMMUNICATIONS AND PACIFIC BELL MOBILE SERVICES,
CONSISTING OF THREE ANTENNAS AND EQUIPMENT CABINETS AT
24401 DARRIN DRIVE, DIAMOND BAR, CALIFORNIA
A. RECITALS.
1. The property owners, Eric and Robin Stone and the
applicants, Cox Calif. PCS, Inc. and Pacific Bell Mobile
Services have filed an application for Conditional Use
Permit No. 96-10 and Development Review No. 96-9 as
described above in the title of this Resolution.
Hereinafter in this Resolution, the subject Conditional
Use Permit and Development Review shall be referred to as
the "Application."
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
3. On June 3, 1997, the City Council of the City of Diamond
Bar conducted a duly noticed public hearing on the call
for review of the decision of the Planning Commission (PC
Resolution 97-6) approving Conditional Use Permit (CUP)
96-10 and Development Review (DR) 96-9 and concluded said
public hearing on June 3, 1997. Council continued the
call for review to June 17, 1997. On June 17, 1997
Council continued the call for review to July 1, 1997.
On July 1, 1997, the Council continued the call for
review to July 15, 1997. On July 15, 1997, the Council
directed staff to prepare a resolution approving CUP 96-
10 and DR 96-9 for a period of twelve months.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the City Council of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that
all of the facts set forth in the Recitals, Part A,
of this Resolution are true and correct.
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2. The City Council hereby determines --l-at-
identified
hatidentified above in this Resc-utior: is
Categorically Exempt from -he requirements of the
California Environmental Quality Act of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant to Section 15303 of Article 19 of Chapter
3 of D_visicn 13 of Title 14 of the California Code
of Regulations.
3. The City Council 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 City Council that the project
proposed herein will have the potential of an
adverse effect on wildlife resources or the habitat
upon which the wildlife depends. Based upon
substantial evidence, this City Council 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, the City Council hereby finds as follows:
(a) The project relates to a developed parcel,
approximately 6.87 acres in size located at
24401 Darrin Drive.
(b) The project site has a General Plan land use
designation of Low Density Residential (RL).
It is within the Single Family Residential (R-
1-10,000) zone.
(c) Generally, the following uses surround the
project site: to the north is the Pomona
Freeway, to the south, east and west is single
family residential development. In
approximately the center of the project is a
separate parcel occupied by a fire station.
(d) The proposed project is a request for the co -
location of a telecommunications facility by
two service providers on a residential
property and request for an amendment to Tract
Map 42584, removing a restriction from said
Map allowing the City to prohibit vehicular
ingress and egress to Armitcs Place.
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(e) The proposed conditional use permit will nct
be in substantialconflict with the a: -opted
General Plan. The General Plan provides for a
variety and mix of land uses and accessory
uses necessary for the health, safety, comfort
and convenience of the community. The
facility's operation offers a service to the
community and emergency agencies. Therefore,
the proposed facility is consistent with the
General Plan and is further authorized as a
conditionally permitted use within the R-1-
10,000 zone pursuant to the Planning and
Zoning Code, Section 22.20.100.
(f) The proposed project will not:
(1) Adversely affect the health, peace,
comfort or welfare of persons residing 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 otherwise
constitute a menace to public health,
safety or general welfare for the
following reasons;
The Conditional Use Permit's approval allows
for the proposed telecommunications facility's
construction. The facility, as conditioned
complies with all City Codes and therefore
does not jeopardize, endanger or otherwise
constitute a menace to the public health,
safety or general welfare. Currently, the
consensus of the scientific community
maintains that the radio frequency radiation
emitted and the lower frequency
electromagnetic fields associated with this
type of facility generally do not produce
adverse health effects in humans because they
are non -ionizing in nature and normal
exposures are controlled so as not to result
in thermal effects. As such, the facility
will not be detrimental to the use, enjoyment
or valuation of property or persons located in
the vicinity of the site.
(g) The proposed site is adequate in size and
shape to accommodate development features
prescribed in this approval to integrate the
use in the surrounding area.
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(h) The project site is adequately served:
(1) By highways or streets of sufficien
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 project site is served by Armitos Place.
However, the project site, which is Lot 51 of
Tract Map 42584, contains a map restriction
which gives the City the authority to restrict
ingress and egress to Armitos Place. It has
been determined that vehicular access to the
site is not necessary and that maintenance
trucks can utilize on -street parking. The
facility does not significantly increase
vehicular traffic to and from the site. It
requires only a few routine maintenance checks
with one vehicle during a one year period.
Additionally, electrical and telephone service
to be utilized by the facility already exists
at the site.
(i) The proposed project is found to be in
compliance with Development Review Ordinance
No. 5 (1990).
(j) The architectural design of this project is
compatible with the character of the
surrounding neighborhood and will maintain the
harmonious, orderly and attractive development
contemplated by Chapter 22.72 of Development
Review Ordinance No. S. At their highest
elevation, the three antennas will be two feet
below the elevation of the top of the slope
adjacent to the level pad area as shown on the
approved site plans and will not be visible
when viewed from the street. Additionally,
berming and additional landscaping will
further screen and enhance the appearance of
the project site so that it will be compatible
with the neighborhood. Additionally, the
antennas will be painted to match the existing
landscaping and topography and additional
landscaping will be added to create a
naturalized grove on the slope. The equipment
cabinets will be screened with a block wall
painted to match the surroundings and screened
with landscaping.
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5.
(k) The design of this project will provide a
desirable environment for its occupants and
visiting public as well as its neighbors
through good aesthetic use of materials,
textu — and color that will remain
aesthetically appealing and will retain a
reasonably adequate level of maintenance.
(1) The proposed removal of the map restriction is
not of significant benefit to the City. As
part of the project proposal, the applicant
has requested removal of a map restriction
from Tract Map 42584 which gives the City the
authority to restrict vehicle ingress and
ingress to Armitos Place. Removing this
restriction will only benefit the project
applicants and will provide no benefit to the
City as a whole, since vehicular access to
this site from Armitos Place is not needed for
the improvement of traffic or circulation
within the area. Therefore, the action for
approval of this project does not include the
removal of the map restriction from Lot 51 of
Tract Map 42584.
Based on the findings and conclusions set forth
above, the City Council hereby approves the
Application subject to the following conditions:
(a) The project shall substantially conform to
development plans dated June 12, 1997 and
landscape plans dated July 10, 1997,
collectively labeled as Exhibit "A" as
modified and approved by the City Council.
(b) The site shall be maintained permanently in a
condition which is free of debris both during
and after the construction, addition, or
implementation of the entitlement granted
herein. The removal of all trash, debris, and
refuse, whether during or subsequent to
construction shall be done only by the
property owner, applicant or by a duly
permitted waste contractor, who has been
authorized by the City to provide collection,
transportation, and disposal of solid waste
from residential, commercial, construction,
and industrial areas within the City. It
shall be the applicant's obligation to insure
that the waste contractor utilized has
obtained permits from the City of Diamond Bar
to provide such services.
(c) The applicant shall comply with all Federal,
State and City regulations.
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(d) This grant is valid for a period of one year
and shall expire on August 6, 1998. No
further extension shall be granted unless the
applicants subm_t an application for an
extension no less than 45 days prior to the
expiration and the extension is approved by
the Planning Commission following a duly
noticed public
hearing.
(e) This grant shall not be effective for any
purpose until the applicants have posted, at
the office of Development Services, a bond,
letter of credit or other security in a.form
approved by the City Attorney, in the amount
of $10,000, to guarantee the removal of the
facility and the restoration of the site to a
condition acceptable to the Deputy City
Manager.
Said bond or letter of credit or other
security shall be released to the applicants
upon removal of the facility and restoration
of the site to a condition acceptable to the
Planning Division.
(f) This grant shall not be effective for any
purpose until the property owners and
applicants have filed, within fifteen (15)
days of approval of this grant, at the office
of City Clerk, their Affidavit of Acceptance
stating that they are aware of and agree to
all conditions of this grant. Further, this
grant shall not be effective until the
applicants pay any remaining City processing
fees.
(g) 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, payable to the County of Los Angeles,
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 de minimis 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.
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n' Prior to final inspection of the
telecommunications facility, the applicant
shall submit a radio frequency radiation (RFR)
field measurement study to the Planning
Division for review and approval which
verifies compliance with FCC emission
standards. The study shall be accompanied by
a report describing compliance with these
standards in language that can be understood
by alay person. Any costs associated with
the City's review of the study shall be borne
by the applicant.
(i) Six months from the date of project approval
and any extension thereof, the applicants
shall submit a certification attested to by a
licensed engineer expert in the field of RF
emissions, that the facilities are and have
been operated within the then current
applicable FCC standards for RF emissions.
Any costs resulting from the city's review of
this certification shall be borne by the
applicants.
(j) If the wireless telecommunications facility
approved by this resolution is operated or
maintained in violation of FCC standards, said
facility shall be subject to permit revocation
by the City Council.
(k) In the event of any future maintenance
problems, abandonment of use, expiration of
permit approval or changes in technology which
render the above mentioned facility and
screening structure obsolete, the applicant
shall, upon notification by the City of
Diamond Bar, repair, replace or remove the
screening structure and/or facility within 30
days.
(1) Prior to permit issuance, the applicants shall
submit final landscaping/fencing and
irrigation plans to the Planning Division for
review and approval. Landscaping,
incorporating the earth removed from the
equipment cabinet/pad area, shall be provided
on the flat pad area in quantities sufficient
to enhance the appearance of the project site
when viewed from the street, creating a
neighborhood amenity as determined by the
Planning Division.
The equipment cabinets shall be completely
enclosed by a block wall or other opaque
fencing materials as approved by the Planning
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Division, painted to blend with the
surrounding terrain and landscaping.
Landscaping shall be provided adjacent to the
walls, in quantities and heights sufficient
to soften the appearance of the wall and
provide additional screening. Trees, shall
also be provided between and surrounding the
antennas and shall be planted in an
arrangement representing a naturalized grove
of trees.
Plant materials shall emphasize drought -
tolerant materials and/or native species in
the following sizes and types: trees; 24 inch
box, 20%, 15 gallon, 80%: shrubs; 5 gallon
70%, 1 gallon (herbaceous only) 30% In
order to guarantee the continuing health and
maintenance of the landscaping the applicant
shall provide a statement of surety in the
form of cash, performance bond or certificate
of deposit equal to 100% of the total value of
all plant materials, irrigation and
installation costs which shall be posted with
the City for a one year period.
All landscaping shall be installed prior to
final project inspection. Upon removal of
said facility, the landscaping on the project
site shall be maintained in perpetuity by the
property owners.
(m) Plans shall conform to State and Local
Building Codes (i.e. 1994 editions of the
Uniform Building Code, Plumbing Code,
Mechanical Code, and 1993 edition of the
National Electrical Code) as well as the State
Energy Code.
(n) Proposed antennas shall be engineered to meet
wind loads of 80 m.p.h. with an exposure of
if C
(o) All cables or electrical conduits from the BTS
cabinet or any vault, shall be installed
underground. Any new or additional electrical
service associated with this project shall be
installed underground.
(p) Prior to permit issuance grading pians showing
all cut and fill quantities and drainage plans
shall be submitted to the Public Works
Division for review and approval.
The City Clerk is hereby directed to:
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(a) Certify to the adcpticn of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution to, Eric and Robin Stone, 24401
Darrin Drive, Diamond Bar CA, 91765, Cox
California, PCS, Inc. 2381 Morse Avenue,
Irvine, CA 92714 and Pacific Bell Mobile
Services, 5959 W. Century Boulevard, Los
Angeles, CA 90045.
APPROVED AND ADOPTED THIS STH DAY OF AUGUST 1997 BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
By;-
I,
Y:
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was duly introduced, at a
regular meeting of the City Council of the City of Diamond Bar held
on the 5TH day of August 1997, by the following vote:
AYES: COUNCIL MEMBERS: Werner, MPT/Herrera, M/Huff
NOES: COUNCIL MEMBERS:Ansari, Harmony
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:---
Cifi` Clerk, City of Diamond Bar
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