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HomeMy WebLinkAbout01/27/2009PLANNING COMMISSION AGENDA January 7:00 27Y2009 P.M. FILE COPY South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title Il 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 Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Dh1iiI0.1D BBQ \r Please refrain from smoking, eating or The City of Diamond 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 Development 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) 839-7030 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) 839-7030 General Agendas (909) 839-7030 email: infoal ,ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, January 27, 2009 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2009-02 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 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 recordina Secretary (Completion of this form is voluntarv). 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: January 13, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. 2008-04 and Development Review No. 2008-23 - Under the authority of DBMC Sections 22.42.130, 22.48 and 22.58, Verizon Wireless has submitted a request to establish a freestanding wireless telecommunications facility on the site of Walnut Valley Water District's Eastgate Reservoir. Project Address: Walnut Valley Water District Eastgate Reservoir (Lot 14, APN 8701-006-900) JANUARY 27, 2009 Property Owner: PAGE 2 PLANNING COMMISSION AGENDA Walnut Valley Water District 271 Brea Canyon Rd. Walnut, CA 91789 Applicant: Verizon Wireless 15505 Sand Canyon Ave., Bldg D, 1 st Floor Irvine, CA 92618 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303 (New Construction) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-04 and Development Review No. 2008-23, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: 9.2 Update on Massage Reaulations: 10. SCHEDULE OF FUTURE EVENTS: FREEWAY COMPLEX FIRE PUBLIC SAFETY APPRECIATION EVENT: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: Tuesday, February 3, 2009, 5:00-6:15 p.m. Government Center/SCAQMD Cafeteria 21865 Copley Drive Tuesday, February 3, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, February 10, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive JANUARY 27, 2009 TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: fNt",, IF PAGE 3 PLANNING COMMISSION AGENDA Thursday, February 12, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Thursday, February 26, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive MHM FMINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 13, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Vice Chairman Tony Torng, Chairman Steve Nelson. Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Acting Community Development Director; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Kevin Claiborne said that he and his wife are trying to employ more individuals in their hair salon and wish to offer massage therapy. He wanted to know more about the process and wondered if it would be worth pursuing due to the prohibitive cost and process. ACDD/Gubman explained to the Commission that a massage therapy use requires a Conditional Use Permit process under the City's Municipal Code. Approval would be for a particular location to allow that activity to occur. The Conditional Use Permit requires a deposit fee of $2000 upon application. Staff bills hourly from the deposit and at the end of the process if money is left over, it would be refunded to the applicant. The decision to approve or deny a Conditional Use Permit lies with the Planning Commission. Staff works with a client prior to collecting the $2000 deposit to help them understand what is involved in the process and whether or not such a use would likely be supported by staff and provide guidance with respect to conditions and restrictions would be included in a recommended approval with the Planning Commission. If approval is achieved, the next step is for the massage therapist to obtain a business license to operate from the approved location. The business license process is to determine whether the individual administering the service is qualified and does not have any issues that would raise concerns about the City's ability to issue that individual a business license. The problem within the industry has been one of prostitution and as such, the criminal background check DRAFT JANUARY 13, 2009 PAGE 2 PLANNING COMMISSION requires a detailed investigation of the individual's background and qualifications. The Conditional Use Permit application period would typically run about sixweeks. C/Nolan asked if the cost was higher than usual Conditional Use Permit application costs and ACDD/Gubman responded that the deposit is the same for all Conditional Use Permits. Lydia Plunk explained the use of fees charged by staff and discussed the history. She wondered if the City felt this was an area it would want to spend money to enforce. There are similar services in the same shopping mall and felt the City would gain by allowing this type of service on a case-by-case basis. This business has existed for many years and has a proven track record of providing normal and usual services to the business. She felt it was onerous that the City should place stringent requirements and costs on well-established businesses in Diamond Bar that were attempting to enhance the City's business and income. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of November 25, 2008. VC/Torng moved, C/Nolan seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Nolan, Lee, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING: 7.1 Development Review No. 2008-13 and Illinor Conditional Use Permit No. 2008-17!-- Under the authority of Diamond Bar Municipal Code (DBMC) Section 22.48 and 22.56, the project is a request to: 1) construct an addition of 1,286 livable square feet to an existing 2,607 square foot single-family residence on an existing 51,836 square -foot, Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR); and 2) allow for the continuation of nonconforming JANUARY 13, 2009 PAGE 3 CI DRAFT PLANNING COMMISSION front and side yard setbacks and nonconforming building separation between structures. Project Address: 2547 Blaze Trail (Tract 30578, Lot 137, APN 8713-028-010) Diamond Bar, CA 91765 Property Owner: Chih Hain Hsieh 2547 Blaze Trail Diamond Bar, CA 91765 Applicant: Rupert Mok Rupert Mok & Architects 829 S. Lemon Avenue, Suite Al 11-13 Walnut, CA 91789 AP/Alvarez presented staff's report and recommended Planning Commission approval of Development Review No. 2008-13 and Minor Conditional Use Permit No. 2008-17, based on Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Chair/Nelson closed the public hearing. C/Nolan moved, C/Lee seconded to approve Development Review No. 2008-13 and Minor Conditional Use Permit No. 2008-17, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee wished his colleagues a successful year. VC/Torng asked staff asked if a CUP involved presentation of the businesses floor plan and would staff perform a parking analysis for the business. ACDD/Gubman said that adding massage component to an existing salon would not generate an 2� DRAFT JANUARY 13, 2009 PAGE 4 PLANNING COMMISSION additional parking requirement. Staffs focus would be the floor plan and crafting proper conditions of approval to avoid situations that have led to requiring a CUP. VC/Torng felt the City should simplify the process. VC/Torng wanted to know what staff did to monitor new startup business. ACDD/Gubman explained that code Enforcement staff proactively seeks out businesses that have commenced without the proper approval according to the City's Code and attempt to bring them into compliance. VC/Torng reiterated that the process costs small businesses a lot of time and money and the City may want to think of a way to streamline the process and be more business -friendly. C/Nolan said that an established business like Claiborne may have an advantage over a new business. She completely supports the process. Changing topics, she asked if there were any businesses that had been unable to actually start up within the past two years after being approved. ACDD/Gubman explained that businesses such as Diamond Jim's project and approved subdivision projects were not moving forward. Because of the economic slowdown, the state legislature passed a law that automatically granted another year to the expiration date for subdivision projects. Chair/Nelson wished everyone well in 2009. He concurred with VC/Torng that the City should have as effective and efficient an approval system as possible for new businesses. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects 9.2 Biennial Greater Los Angeles Homeless Count — January 28, 2009 ACDD/Gubman said that staff is attempting to secure about 40 volunteers to participate in the homeless count on Wednesday, January 28. Staff does not believe that there is a homeless population in Diamond Bar. However, the LA Homeless Services Authority is required to conduct the census every two years in the greater Los Angeles area in order to justify their funding requests to HUD. Diamond Bar is concerned that if it does not do the count in the City itself, the County may take a sample for the region and may make an estimate for Diamond Bar that is clearly out of line with the facts. The consequence could be that the City would be obligated to provide homeless shelters or zoning to provide for those types of facilities. ACDD/Gubman announced that the 2009 Planners Institute will be held at the Anaheim Marriot March 25 through March 27, 2009. Currently, staff is JANUARY 13, 2009 PAGE 5 PLANNING COMMISSION reviewing the budget to determine whether staff will be able to pay for Commissioners to attend. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 8:00 p.m. The foregoing minutes are hereby approved this 27th day of January, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Steve Nelson, Chairman III DI TOAD BAR(Ij `mss/ 3 CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER MEETING DATE: CASEIFILE NUMBER: 7.1 January 27, 2009 Conditional Use Permit No. 2009-03 Development Review No. 2008-23 PROJECT LOCATION: Walnut Valley Water District's Eastgate Reservoir located on the easterly side of Pantera Drive, southeast of Pantera Elementary School. APPLICATION REQUEST: To install and operate a telecommunication facility consisting of a 35 foot high antenna and a 400 square -foot equipment enclosure. PROPERTY OWNERS: Walnut Valley Water District 271 Brea Canyon Road Walnut, CA 91789 APPLICANT: Verizon Wireless 15505 Sand Canyon Avenue Bldg. D First floor Irvine, CA 91628 STAFF RECOMMENDATION: Approve subject to conditions BACKGROUND: The project site is owned by the Walnut Valley Water District and is the location of the Eastgate Reservoir. There are presently two other freestanding wireless telecommunication facilities in operation on the subject property for other wireless service providers. ANALYSIS: A. Review Authority (Section 22.48, 22.54, and 22.58) The proposed project requires Planning Commission approval of the following land use applications: 1. A Conditional Use Permit is required for the establishment of a wireless telecommunication facility. 2. Development Review approval is required to ensure compliance with the City's Design Guidelines and development standards, and to minimize adverse effects on the surrounding properties and environment; B. Site and Surrounding General Plan, Zoning and Uses C. Development Review (Section 22.48) The City's development standards for wireless telecommunication antenna facilities were adopted in 1999 to ensure the design and location of telecommunication equipment are consistent with the General Plan, other Municipal Code Sections, and that the use's aesthetic appearance be unobtrusive to protect property values. Page 2 Conditional Use Permit No. 2008-03 Development Review No. 2008-23 General Plan Zone Uses Site Public Facility/Water RL Eastgate Reservoir North PA-2/SP RL & RLM Vacant Land South RL RL Open Space East Planning Area 2 RL Oen space West Park RL Pantera Park C. Development Review (Section 22.48) The City's development standards for wireless telecommunication antenna facilities were adopted in 1999 to ensure the design and location of telecommunication equipment are consistent with the General Plan, other Municipal Code Sections, and that the use's aesthetic appearance be unobtrusive to protect property values. Page 2 Conditional Use Permit No. 2008-03 Development Review No. 2008-23 Development Standards Development Feature DBMC-Standards Proposed Meets 22.42.130 Requirements Setbacks: Antenna: 50'-0" Yes Distance equal to height of antenna plus 20% from nearest residential lot line; Equipment Building: Over 500' to the Yes 20' to ROW line. access road Height: 35'-0" 35'-0" Yes Equipment Building: 11'-0" Yes 13 feet Screening: Screen or Antenna is designed Yes camouflage to to appear as a mitigate visual broadleaf tree. impacts. Architectural Integration: Integrate with design The equipment Yes and color closure is constructed of CMU block and chain link to match the existing enclosures on site. Underground Utilities: All utilities and All cables to be Yes connection cables underground must be places underground Lighting: Artificial lighting shall None proposed Yes be limited to mandatory safety and security Co -location Applicant and Structurally designed Yes Property owner must for future co -location consent to future co- location(s) Landscape: Landscaping may be Landscape around See Conditions required for equipment building of Approval screening purposes to minimize structure Page 3 Conditional Use Permit No. 2008-03 Development Review No. 2008-23 2. Design Features The proposed wireless telecommunications facility, or "cell site," consists of the following components: ■ Construction of a 35 -foot tall antenna support structure disguised as a broadleaf tree with a three sector antenna array, housing three antennas per sector; and ■ Construction of an unmanned, 400 square -foot, 11 -foot tall equipment enclosure designed to match the existing enclosures on site. 3. Facility Operational Characteristics The proposed telecommunication facility is unmanned and operates 24 hours a day, seven days a week, with routine monthly maintenance. A portable generator hook-up is being installed in the event of a power outage. If a power outage occurs, a generator will be brought on site and used until the power outage is resolved. The noise level of this generator may not exceed the City's noise standards as stated in Development Code Section 22.28, and in the attached conditions of approval. 4. FCC Guidelines FCC documentation is required for this project and is a condition of approval. These types of telecommunication projects are generally categorically exempt from the California Environmental Quality Act because the FCC licensing process already incorporated an environmental finding for all telecommunications facilities to be developed under the wireless provider's FCC license. The Federal Telecommunications Act of 1996 forbids local governments from denying or regulating wireless telecommunications facilities on the basis of health concerns. The Federal Communications Commission (FCC) licenses and regulates wireless communications facilities, and establishes safety thresholds for radio frequency (RF) emissions. Because wireless telecommunications facilities are regulated by the FCC, local agencies are preempted considering perceived health effects in land use decisions for such facilities. D. Additional Review The Public Works Department and Building and Safety Division reviewed this project. Their comments are included in the resolutions as conditions of approval. E. General Plan, Design Guidelines and Compatibility with Neighborhood Walnut Valley Water District's Eastgate Reservoir is identified on the City's telecommunications facilities opportunities map as an acceptable location for a Page 4 Conditional Use Permit No. 2008-03 Development Review No. 2008-23 cell site. The proposed cell site is appropriately designed to fit the context of the reservoir site in which it is proposed to be located. The proposed antenna array will have a minimal visual impact in that it will be disguised as a broadleaf tree in an area with large amounts of vegetation and two other cell antennas of the same design. The proposed equipment building will be designed to match the existing enclosures on site, which consists of a 6 -foot high retaining wall with an 11 -foot high chain link fence on top of it. The enclosure will not be visible to the surrounding residential properties or Pantera Park. As a result, staff finds the proposed projects are compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments, shall be compatible with surrounding land uses, and meets Municipal Code Standards and the City's Design Guidelines. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303 (New Construction) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1) approving Conditional Use Permit 2008-03 and Development Review 2008-23, to allow the establishment of a Verizon Wireless telecommunication facility, based on the findings of DBMC Sections 22.48.040, 22.58.040 and 22.42.130, subject to conditions. Prepared by: Reviewed by: Katherine La ger Greg Gubman, AICP Senior Planner Acting Community Development Director Attachments: 1. Resolution Approving CUP 2008-03 and DR 2008-23. 2. Photo Simulations 3. Aerial 4. Exhibit "A" — Project Plans Page 5 Conditional Use Permit No. 2008-03 Development Review No. 2008-23 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03 AND DEVELOPMENT REVIEW NO. 2008-23, TO INSTALL A WIRELESS TELECOMMUNICATIONS FACILITY AT EASTGATE RESERVOIR (APN: 8701-006-900) A. RECITALS 1. The property owner, Walnut Valley Water District, and applicant, Verizon Wireless, have filed an application for Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 for a telecommunication facility to be located at Walnut Valley Water District's Eastgate Reservoir, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall collectively be referred to as the "Project." 2 Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. On January 27, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Project. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts setforth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15303 (New Construction) of the CEQA Guidelines. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. CONDITIONAL USE PERMIT FINDINGS (DBMC Section 22.58.040) (1) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; Pursuant to Diamond Bar Municipal Code (DBMC) Section 22.08.030, wireless telecommunication facilities are allowed in the RL zoning district. Additionally, the proposed Project complies with other applicable provisions of the Development Code and Municipal Code. (2) The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the installation of an unmanned wireless telecommunication facility on a site developed with a municipal water storage tank and two existing wireless telecommunication facilities. The new facility will provide wireless coverage to subscribers in the area and will not interfere with the use and enjoyment of the neighboring development, nor will it create traffic or pedestrian hazards as the facility is unmanned. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1: "New developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines." (3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The freestanding antenna support structure is designed to be consistent with the two other antennas on the site and to blend in with the surrounding trees. The ground equipment will be housed in an enclosure that will match the existing equipment enclosures on site. The reservoir site is a 3.7 acre site developed with one above -ground municipal water storage tank and two telecommunications facilities. The proposed facility is unmanned and operates 24 hours a day, seven days a week, with monthly routine maintenance. 2 Planning Commission Resolution No. 2009->a As such, the operational characteristics are compatible with the existing and future lands use 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; The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identifies public facilities as a location for this type of use. As referenced above in items a.(1) through a.(3), the project 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 will not be detrimental to the public interest, health, safety, convenience, and zoning district in which the property is located; and Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. b. DEVELOPMENT REVIEW (DBMC Section 22.48.040) (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); As discussed above in item a. (2) the design and layout of the Project is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) 3 Planning Commission Resolution No. 2009-xx (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; As discussed above in items a.(2) and a.(3), the design and layout of the Project 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 character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; As discussed above in items a. (1) through a. (4), the architectural design of the Project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, 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 and will retain a reasonably adequate level of maintenance; As discussed above in Items a.(3) and a.(4), the design of the Project will provide a desirable environment forits 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 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 discussed above in Item a.(4) and priorto the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division, and Public Works Department requirements. The 4 Planning Commission Resolution No. 2009-xx The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally, and because of the factors discussed above in Items (0 through (i) the proposed project will not have a negative affect on property values or in the vicinity. C. WIRELESS FACILITIES (DBMC Section 22.42.130) (1) Environmental integration. To the extent which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The Project integrates the antennas onto a new pole disguised as a broadleaf tree so as to blend in well with the existing vegetation on the site. The proposed design for the site is the least intrusive on the community values as prescribed by the General Plan and Diamond Bar Development Code. (2) Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. Camouflaging is provided by disguising the antenna facility as a broadleaf tree and constructing the equipment enclosure to match the existing enclosures on the site. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed telecommunication facility components (i.e., the equipment building and field light pole -mounted antenna array) are appropriate in size and scale to their context and setting. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed telecommunication facility is approximately 260 feet from the nearest residences, which is a sufficient distance to effectively buffer it from view. (5) Access. Proposed ingress to and egress from the site of the proposed facility. 5 Planning Commission Resolution No. 2009-xx The proposed project will have access from the access road which extends off of Eastgate Drive. (6) Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences — co - location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. The two existing telecommunication facilities located on the site, while equipped for co -location, do not permit the new antennas to meet the height requirements necessary to provide adequate coverage for the area; additionally, locating the antenna on the water tank is not permitted by Walnut Valley Municipal Water District due to security issues. Therefore, the telecommunications antennas will be attached to a 35 -foot high pole disguised as a broadleaf tree which will be designed to allow the co -location of future antennas. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated October 31, 2008, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) 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. (4) When an emergency generator is used on site, the noise level of the generator shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. 6 Planning Commission Resolution No. 2009-xx b. Planning Division (1) Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the antenna array. (3) No lighting shall be installed on the wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. (5) The applicant shall submit a check in the amount of $50 payable to the Los Angeles County Recorder's Office, within five days of project approval, for the filing of a Notice of Exemption. (6) The applicant must consent to the future co -location of facilities on the light pole and in the equipment building unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) All cables and wiring for the telecommunication facility shall be underground. (9) All material and colors used for the equipment building shall match the existing structures located on the site. C. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. 7 Planning Commission Resolution No. 2009-xx 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: Verizon Wireless, 15505 Sand Canyon Avenue Bldg. D, 1st Floor, Irvine, CA 92618; Walnut Valley Water District, 271 Brea Canyon Rd. Walnut, CA 91789 and Core Communications C/O Michelle Felten, 2923-A Saturn St. Brea, CA 92821. APPROVED AND ADOPTED THIS 27th DAY OF JANUARY 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of January 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 8 Planning Commission Resolution No. 2009-xx COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 SUBJECT: Telecommunications Facility APPLICANT: Verizon Wireless LOCATION: Eastgate Reservoir, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 9 Planning Commission Resolution No. 2009-xx 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2008-03 and Development Review No. 2008-23, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2009 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 10 Planning Commission Resolution No. 2009-xx B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe mannerwith a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. F. SOLID WASTE 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 approved herein. The removal of all trash, debris, and refuse, whether during 11 Planning Commission Resolution No. 2009-xx 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. In addition, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS The applicant shall submit drainage plans prepared in accordance with the City's requirements for the City's review and approval. 2. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 3. All easements and flood hazard areas shall be clearly identified on the grading plan. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 12 Planning Commission Resolution No. 2009-xx 5. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. OFF-SITE STREET IMPROVEMENTS (Not Applicable) E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK (Not Applicable) G. TRAFFIC MITIGATIONS (Not Applicable) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 4. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 13 Planning Commission Resolution No. 2009->a 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 6. Please submit a total of five 5 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 7. Provide structural design for pole, method of attachments, and footing design. 8. Submit electrical plans showing all circuits. 9. Indicate pole height from finished floor. 10. Indicate all easements on the site plan. 11. All retaining walls shall be submitted to the Building and Safety Division and Public Works Department for review and approval. 12. Submit grading plans showing clearly all finished elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 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Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On January 23, 2009, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on January 26, 2009, at Diamond Bar, California. 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