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HomeMy WebLinkAbout01/26/2010TILE COPY PLANNING COMMISSION AGENDA January 26, 2010 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Steve Nelson 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 11 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 accommodations) 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. �9FAL010ND BAR II Please refrain from smoking, eating or i ne uaty or uiamona liar uses recyaea 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: info(cD-ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, January 26, 2010 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2010-02 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. INTRODUCTION OF SENIOR PLANNER, GRACE LEE: 3. MATTERS FROM THE AUDIENCEIPUBLIC 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. 4. APPROVAL OF AGENDA: Chairman 5. 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: 5.1 Minutes of Regular Meeting: January 12, 2009. 6. OLD BUSINESS: None. 7. NEW BUSINESS: None. 8. PUBLIC HEARING(S): 8.1 Conditional Use Permit and Development Review No. PL2009-56 — Under the authority of Diamond Bar Municipal Code 22.58, the applicant, Reliant Land Services representing AT&T, is requesting approval to co -locate nine antenna. PROJECT LOCATION: 3338 Diamond Canyon Road (APN 8269-011-026) JANUARY 26, 2010 PAGE 2 PLANNING COMMISSION AGENDA PROPERTY OWNER: Diamond Christian Church 3338 Diamond Canyon Road Diamond Bar, CA 91765 APPLICANT: Reliant Land Services 1594 N. Batavia Street Orange, CA 92867 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 under Section 15301 (minor alterations to an existing structure or facility) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit and Development Review No. PL2009-56, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8.2 Development Review No. PL2009-48 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant is requesting approval for the following improvements: • Exterior renovation to the front of the home; • 1,1990 square foot first floor addition; • 244 square foot second floor additional; and • 127 square foot third floor addition The subject property is zoned RR (Rural Residential) with a consistent underlying General Plan Land Use designation. PROJECT LOCATION: 23240 Ridge Line Road PROPERTY OWNER/ David Li APPLICANT: 23240 Ridge Line Road Diamond Bar, CA 91765 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 Article 19 under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. No further environment review is required. JANUARY 26, 2010 PAGE 3 PLANNING COMMISSION AGENDA Recommendation: Staff recommends that the Planning Commission continue this matter to February 9, 2010. 9. PLANNING COMMISSION COMMENTS 1 INFORMATIONAL ITEMS: 10. STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects: 11. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 12. ADJOURNMENT: Thursday, January 28, 2010 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, February 2, 2010 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, February 9, 2010 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, February 11, 2010 - 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 12, 2010 CALL TO ORDER: Chairman Torng 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: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan and Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of November 10, 2009. C/Shah moved, C/Lee seconded, to approve the Minutes of the Regular Meeting of November 10, 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Nolan ABSENT: COMMISSIONERS: None 4.2 Minutes of Regular Meeting of December 8, 2009. C/Nolan moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of December 8, 2009. Motion carried by the following Roll Call vote: JANUARY 12, 2010 AYES: NOES: ABSTAIN ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. PUBLIC HEARINGS: PAGE 2 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None. None. PLANNING COMMISSION Nolan, VC/Nelson, Chair/Torng None Lee, Shah None 7.1 Development Review No. PL 2009-20: — Under the authority of Diamond Bar Municipal Code Section 22.48, SA Recycling submitted a request to establish and construct a small collections recycling facility. Small collections facilities provide household recycling services. The proposed facility will be operated by an onsite attendant and will only accept glass, metal, plastic, paper and reusable items, which will be stored in large roll -off containers. When filled, the containers will be removed from the premises and replaced with empty containers. PROJECT ADDRESS: PROPERTY OWNER APPLICANT: Diamond Hills Plaza 2825 S. Diamond Bar Boulevard Diamond Bar, CA 91789 Country Hills Holding, LLC 422 S. Corona Mall Corona, CA 92870 SA Recycling 532 N. Louise Street #C Glendale, CA 91206 PT/Tobon presented staff's report and recommended Planning Commission approval of Development Review No. PL 2009-20, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan asked if the City benefited financial from this facility and CDD/Gubman said only to the extent that the City receives a $10 annual business license fee. JANUARY 12, 2010 PAGE 3 1'I PLANNING COMMISSION VC/Nelson asked that the record reflect there would be no odor from this facility as there might be from a Materials Recycling Facility (MRF). PT/Tobon concurred. PT/Tobon responded to Chair/Torng that the currently proposed times for replacement of containers are 8:00 p.m. to 8:30 p.m. as stated in the resolution. However, the resolution also allows for flexibility by allowing replacement of containers between 7:00 a.m. and 8:30 a.m., excluding customer business hours of the facility. There were no ex parte disclosures. Chair/Torng opened the public hearing. Sergey Abramov, owner, stated that he is certified with the California Conservation Department and looks forward to providing Diamond Bar with his service. Mr. Abramov responded to Chair/Torng that he concurs with staffs report and conditions of approval. C/Nolan asked if Mr. Abramov owns other similar facilities and Mr. Abramov said he has had a business in the Los Angeles area. VC/Nelson asked if the resolution misses any circumstances that may lead to abuse of the facility by the public that the Commission should consider including. Mr. Abramov responded "No." Chair/Torng closed the public hearing. C/Nolan moved, C/Shah seconded, to approve Conditional Use Permit No. PL2009-20, 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: Lee, Shah, Nolan, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTSIIN FORMATIONAL ITEMS: C/Shah wished everyone a Happy New Year. M DRAFT JANUARY 12, 2010 PAGE 4 PLANNING COMMISSION C/Lee wished everyone a Happy New Year and said he looked forward to more planning business this year. C/Nolan asked if the 2010 Planner's Institute has been announced. CDD/Gubman said he received information today and will be providing information to the Commissioners in the near future. VC/Nelson wished everyone a Happy New Year and looked forward to a grand 2010 for the City of Diamond Bar. Chair/Torng asked if anyone was registered to attend the January 28 Four Corners meeting. C/Shah said he had heard nothing but was very interested in attending. CDD/Gubman said the meeting would be held at the Diamond Bar Center on January 28 from 10:00 a.m. to 2:00 p.m. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:19 p.m. The foregoing minutes are hereby approved this 26th day of January, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman (DIAI►IOND BAI�� q � P AGENDAPLANNING COMMISSIOrl REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 8.1 MEETING DATE: January 26, 2010 CASE/FILE NUMBER: Conditional Use Permit and Development Review No. PL 2009-56 PROJECT LOCATION: 3338 Diamond Canyon Road, Diamond Bar, CA 91765 APPLICATION REQUEST: To establish an AT&T wireless telecommuni- cations facility by co -locating six panel antennas on an existing, 66'-6" tall telecommunications tower, and constructing an 8'-6" tall, ground - mounted masonry equipment enclosure. PROPERTY OWNERS: Diamond Christian Church 3338 Diamond Canyon Road Diamond Bar, CA 91765 APPLICANT: Richard Ambrosini Reliant Land Services, Inc. (on behalf of AT&T Mobility) 1594 North Batavia Street Orange, CA 92867 STAFF RECOMMENDATION: Approve subject to conditions BACKGROUND: The project site is located at the southern end of the Diamond Canyon Church property. Diamond Canyon Church was built in 1998, and at the time of construction was part of an unincorporated area of Los Angeles County. In October 2009, the subject parcel was annexed into the City of Diamond Bar as part of the Crestline/Diamond Bar Canyon Annexation. The site currently has one telecommunication tower in place — also constructed prior to annexation — with two carriers, Verizon Wireless and Sprint/Nextel, co -located on it. The existing 66'-6" high freestanding telecommunication facility is a three-legged structure with existing panel antennas located on each leg and a cross located at the top. Site and Surrounding General Plan, Zoninq and Uses Page 2 Conditional Use Permit and Development Review No PL2009-56 General Plan Designation Zoning District Land Use Site Office Professional OP Religious Place of Worship North Office Professional OP Professional Building South Open Space OS Open Space East N/A N/A 57 Freeway West Low -Medium RLM Single Family Residential Residential Page 2 Conditional Use Permit and Development Review No PL2009-56 ANALYSIS: Review Authority (Section 22.48, 22.54, and 22.58) Conditional Use Permit (CUP) approval is required to establish a freestanding wireless telecommunications facility, as well as to allow other wireless carriers to co -locate on the original structure. When reviewing a CUP application for the co -location on an existing telecommunication facility, consideration is given to the location, design, configuration, and overall visual impact of the proposed co -location. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. The Commission also has the opportunity to remedy aesthetic impacts that the existing improvements may be imposing on the community. Design Features The proposed wireless telecommunications facility consists of the following components: ■ The installation of six (6) panel antennas that will consist of two (2) antennas located on each "leg" of the existing structure; and The construction of an unmanned, 217.5 square enclosure designed as an extension of the Sprint/Nextel equipment enclosures. The extension match the existing enclosures. Facility Operational Characteristics foot, 8'- 6" foot tall equipment existing Verizon Wireless and will be stuccoed and painted to The proposed telecommunications facility operates 24 hours a day, seven days a week, with routine monthly maintenance. 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. Federal Regulatory Criteria Federal Communications Commission (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 FCC licenses and regulates wireless communications facilities, and establishes safety thresholds for radio frequency (RF) emissions. Because wireless Page 3 Conditional Use Permit and Development Review No.PL2009-56 telecommunications facilities are regulated by the FCC, local agencies are preempted from considering perceived health effects in land use decisions for such facilities. Additional Review The Public Works Department and Building and Safety Division reviewed this project. Their comments have been incorporated into the attached resolution as conditions of approval. Comaatibility with Neiahborhood Location The proposed co -location of the panel antennas is appropriately designed to fit the context of the site because it would be a co -location on an existing wireless telecommunications facility. The tower was originally approved when this area was an unincorporated area of Los Angeles County. The current tower will not be changed except for the addition of the panel antennas and equipment enclosure. Design As discussed, the existing wireless telecommunications tower was constructed under unincorporated L.A. County jurisdiction. In staff's opinion, the County approved the structure without adequate consideration of its aesthetic impacts. Now that the facility is under the City's jurisdiction, staff believes that it is appropriate for the Commission, in conjunction with approving this proposed co -location, to require that some measures be taken to remedy the visual impact of the tower. Moreover, pursuant to of the, the segment of the 57 Freeway between Imperial Highway and the 60 Freeway is eligible for designation as a State Scenic Highway (California Streets and Highways Code Section 263.4); staff believes that this fact further compels the owner and applicant to make a reasonable attempt to improve the appearance of the structure. Therefore, staff recommends a condition of approval to require the tower, antennas and all other attachments to be painted dark green in order reduce the amount of visual contrast between the tower and the surrounding landscaping. The proposed equipment building will be designed as an extension of the existing equipment enclosures, and will be stuccoed, painted and capped to match. As such, staff finds the design of the proposed enclosure to be appropriate for the site. With the condition of approval described above, staff finds the proposed design to be acceptable and compatible with its surroundings. 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 Bullet'Lnewspapers on January 15, 2010. A notice display board was Page 4 Conditional Use Permit and Development Review No.PL2009-56 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 15301 (minor alterations to an existing structure or facility) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1) approving Conditional Use Permit PL 2009-56, to allow the co -location of six panel antennas on an existing 66'-6" tall wireless telecommunications tower, and construct an 8'-6" tall, ground -mounted masonry equipment enclosure, based on the findings of DBMC Sections 22.58.040 and 22.42.130, subject to conditions. Prepared by: Natalie to on (y Planning Technre an Attachments: Reviewed by: Greg Gubma` , AICP Community Development Director Draft Resolution Approving CUP PL 2009-56 2. Aerial 3. Photo Simulations 4. Project Plans Page 5 Conditional Use Permit and Development Review No PL2009-56 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2010 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW NO. PL 2009-56, TO ESTABLISH AN AT&T WIRELESS TELECOMMUNICATIONS FACILITY BY CO -LOCATING SIX PANEL ANTENNAS ON AN EXISTING, 66.5 -FOOT TALL TELECOMMUNICATIONS TOWER, AND CONSTRUCTING AN 8'-6" TALL, GROUND -MOUNTED MASONRY EQUIPMENT ENCLOSURE AT 3338 DIAMOND CANYON ROAD DIAMOND BAR, CA 91765 (APN: 8269-011-026) A. RECITALS The property owner, Diamond Christian Church, and applicant, Reliant Land Services, have filed an application for Conditional Use Permit and Development Review No. PL 2009-56 to establish an AT&T wireless telecommunications facility by co -locating six panel antennas on an existing, 66.5 -foot tall telecommunications tower, and constructing an 8'-6" tall, ground -mounted masonry equipment enclosure located at Diamond Canyon Church, 3338 Diamond Canyon Road, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall collectively be referred to as the "Project." 2. The subject property is made up of two parcels totaling 4.57 acres. It is located in the Office Professional (OP) zone and is consistent with the professional office land use category of the general plan. 3. The legal description of the subject property is Tract 20415 Portion of Lot 2. The Assessor's Parcel Numbers are 8269-011-025 and 8269-011-026. 4. Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 15, 2010. 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 on January 15, 2010. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On January 26, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing, solicited testimony from all interested individuals and concluded the hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The 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 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 15301 (minor alterations to an existing structure or facility) 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; According to Diamond Bar Municipal Code (DBMC) Section 22.42.930, wireless telecommunications facilities are allowed in the OP zone with the approval of a Conditional Use Permit. Additionally, the proposed project complies with other applicable provisions of the Development Code. (2) The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the co -location of six (6) antennas that consist of 3 sectors, with 2 antennas per sector, for a total of 6 antennas on an existing unmanned wireless telecommunications facility. Currently, the existing facility has two wireless carriers located on it. The existing facility was originally approved when this area was an unincorporated area of Los Angeles County. The site is not subject to the provisions of any specific plan. (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 proposed antennas are designed to be consistent with the existing antennas on the telecommunication facility. The proposed antennas will be located on an existing telecommunication facility tower. The existing tower was approved when the 'site was located in the unincorporated area of Los Angeles County. As a condition of approval, the existing tower shall be painted dark green to blend in with the surroundings. The ground equipment will be housed in an enclosure that will be designed as an extension of the existing equipment enclosures on-site. 2 Planning Commission Resolution No 2010AX The proposed facility is unmanned and operates 24 hours a day, seven days a week, with monthly routine maintenance. 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 co -location of six new panel antennas is suitable for the site in that the proposed antennas will be located on an existing tower that currently has two wireless carriers located on it. The proposed antennas will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of the church, other than a few hours of monthly service by service technician. (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 and Public Works 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 FINDINGS (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); The design and layout of the antennas is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas because it is an addition of antennas to an existing telecommunications facility tower. The facility meets all of the applicable development code standards. 3 Planning Commission Resolution No 2010 -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; The proposed antennas will not interfere with vehicular orpedestrian movements, such as access or other functional requirements of the church, other than a few hours of monthly service by service technician. (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; The proposed antennas are designed to be consistent with the existing antennas on the telecommunication facility. The existing tower was approved when the site was located in the unincorporated area of Los Angeles County. The proposed antennas will be located on an existing telecommunication facility tower. As a condition of approval, the existing tower shall be painted dark green to blend in with the surroundings. The ground equipment will be housed in an enclosure that will be designed as an extension of the existing equipment enclosures on-site. (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; The proposed antennas will be located on an existing telecommunications tower There will be no changes to the tower except that it shall be painted dark green to blend in with the surroundings. The proposed extension of the enclosure will match the existing enclosure in height, colors and materials. (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; Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution and the Building and Safety Division and Public Works Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not 4 Planning Commission Resolution No 2010 -XX detrimental to the public health, safety or welfare or materially injurious to the properties or improvements 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 existing tower and all of its components shall be painted dark green to blend in with its surroundings. The architectural aspect of the tower is not being changed. The proposed extension of the equipment enclosure will be stuccoed and painted to match the existing equipment enclosure on-site. There are no altemative sites because the proposed antennas and enclosure are being added on to an existing telecommunications facility. (2) Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. The existing tower is located at the rear of the property where it is partially screened by vegetation from the east, west, and south sides of the property. The tower is located about 800 feet from Diamond Canyon Road and there are existing buildings in front of the tower, which partially screens the tower from the street. As a condition of approval, the tower shall be painted dark green to lessen its visual impact and blend in with the surroundings. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed antennas will not increase the towersize of the tower and will be painted dark green to blend in with its surroundings. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The existing telecommunication facility is approximately 300 feet from the nearest residential structures and 270 feet from the boundaries of residential districts. (5) Access. Proposed ingress to and egress from the site of the proposed facility. 5 Planning Commission Resolution No. 2010 -XX The proposed project will connect to the access road that extends off of Diamond Canyon Road. (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 proposed co -location of the 6 antennas will be installed on an existing telecommunication facility tower. The tower is located at the rear of the property which is surrounded by open space and adjacent to the 57 freeway. C. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: All antennas, structural components and other apparatus attached to the tower, excluding the cross, shall be painted dark green. Prior to submitting plans to the Building and Safety Division for plan check, color samples shall be submitted to the Community Development Director for review and approval. 2. 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 December 14, 2009, as submitted to, amended herein, and approved by the Planning Commission. 3. Applicant shall comply with all Federal, State and City regulations. 4. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit 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. 5. 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. 6. Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. 7. Signs and advertising shall be prohibited on the antenna array. 8. No lighting shall be installed on the wireless antennas or associated equipment. 6 Planning Commission Resolution No. 2010 -XX 9. 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. 10. The applicant shall submit a check in the amount of $75 payable to the Los Angeles County Recorder's Office, within five days of project approval, for the filing of a Notice of Exemption. 11. 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. 12. All cables and wiring for the telecommunication facility shall be underground. 13. All materials and colors used for the equipment building shall match the existing structures located on the site. 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: Reliant Land Services, Attention: Richard Ambrosini, 1594 N. Batavia St. Orange, CA 92867 and Diamond Canyon Church, Attention Jim Price, 3338 Diamond Canyon Rd. Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 26th DAY OF JANUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, 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 26th day of January 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 7 Planning Commission Resolution No 2010 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit and Development Review No. PL 2009-56 SUBJECT: Co -location at a Telecommunications Facility APPLICANT: Reliant Land Services LOCATION: Diamond Canyon Church, 3338 Diamond Canyon Road, 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 and Development Review No. PL 2009-56 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 defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 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 8 Planning Commission Resolution No 2010 -XX Conditional Use Permit and Development Review No. PL 2009-56, 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. Priorto 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. 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 9 Planning Commission Resolution No 201D -XX 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 and Development Review No. PL 2009-56 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. 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 December 14, 2009, as submitted to, amended herein, and approved by the Planning Commission. 4. Applicant shall comply with all Federal, State and City regulations. 5. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit 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. 6. 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. 7. Applicant shall ensure that the property is properly secured to prevent unauthorized access to the telecommunication facilities. 8. Signs and advertising shall be prohibited on the antenna array. 10 Planning Commission Resolution No. 2010 -XX 9. No lighting shall be installed on the wireless antennas or associated equipment. 10. 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. 11. The applicant shall submit a check in the amount of $75 payable to the Los Angeles County Recorder's Office, within five days of project approval, forthe filing of a Notice of Exemption. 12. All cables and wiring for the telecommunications facility shall be underground. 13. All materials and colors used for the equipment enclosure building shall match the existing structures located on the site. 14. All antennas shall be a noncorrosive, nonmetallic finish that is not conductive to reflection or glare, and be of a color that blends in with the building wall. 15. Prior to submitting for building plan check, submit detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limits approved by the FCC. 16. If support structure or an antenna arrays affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the applicant must give written notice of such inoperability or nonuse to the director. The antenna arrays and, if applicable, the support structure, must be removed within a 90 -day period. If such removal does not occur, the city may remove the antenna arrays and, if applicable, the support structure, at the applicants expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna arrays that have become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it. The applicant shall not be required to remove antenna structures or support structures that are architecturally concealed in a pre- existing structure. 17. Prior to the issuance of a building permit for the construction or modification of a wireless telecommunications facility, the applicant may be required to provide to the city a bond or other approved security for the removal of the facility, and any accessory equipment, if that facility is abandoned or if the reviewing authority revokes the use of that facility. 18. Co -Location Agreement. The applicant and the property owner must consent to the future co -location of facilities on the building to be used by the applicant, unless technical considerations preclude that co -location. 11 Planning Commission Resolution No 2010 -XX 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 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 Any construction within the public right-of-way will require a separate encroachment permit from the Public Works Department. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National 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 80 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. 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. 12 Planning Commission Resolution No 2010 -XX 6. Please submit a total of 3 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 calculations for method of attaching proposed antennas. 8. Provide structural calculations for the existing poles to support the new loads. 9. Submit electrical plans showing all circuits. 10. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel. 11. Indicate all easements on the site plan. 12. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). END 13 Planning Commission Resolution No 2010 -XX ke - r14 W O CL O C a U a rti CO M U N N �rn o Z m V Iq O 0 tm v F z 2 '0o Q Lo po z $> uca a� ca tam CD N U L m 6 Lm U. V �- O� •� Myu C u N�L Ov C� Q�CU_ E� ..Ac°E E '0-m •� to P"9 to e,k 0 0 Z X w 3--i N �t Z N W 0 N VQ 3CO)rno ZRU 00 00 0 o m rn V H Z 2 CDO a r w w N W 1 Z aN w � ca Ol... 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(909) 839-7030 - FAX (909) 861-3117 ITEM NO.: 8.2 DATE: January 26, 2010 TO: Chairman and Members of the Planning Commission FROM: Greg Gubman, Community Development Director SUBJECT: Development Review No. PL2009-48 PROJECT 23240 Ridge Line Drive, Diamond Bar, CA 91765 LOCATION: RECOMMENDATION: Staff recommends that the Planning Commission continue this matter to February 9, 2010, to allow the applicant additional time to comply with Section 22.72.0202 of the Development Code regarding noticing of the public hearing. The applicant was unable to post the site as required with a 4'x6' display board. Continuing the item to February 9, 2010, will allow time for the applicant to comply with this requirement. F - z W LLJa m� o~ zw 02 20- < CLQ 0 W OW F- } U� Z Z) 2 O U cn O rn o C N EL -" U U•� M _o C) M N N i I I O I 0 c U o CL (3) N 0 %UN O CL N CL CL i i caU_ 0- U O p U ; Z N d Q O co _ J CL O (L _ J J (0 N l6 U U I 0 a' I F- I I I z co t - 2 0- U O p O O l N d I U _ J CL O (L p CL U I I N l6 U U C CO a C NI aJ C w Q Q 'D.f= O O W W P OF Q O Cr -C a -J ' Ucc0 �Uw C c 0 E , II a) c0. Udo' co O V, p J 2 U�--- C m Q EU I Z_Q Z_e pW C a W� I p 0.2 O O pw0 00 E ` � LL U Z `ham_' NaEi ou — LU ILL—, W J Z F- F- t - 2 0- U O l I I _ J 0IL O O O CL y U -J>- CO U U U CO a a aJ Z Wp Q Q Q 0> W W W P OF Q J J - va IL a J CL az 2z 00 2z 00 6 O a0 af-- U�--- UF- OC OF Q Z_Q Z_Q Z_e pW u-�� W� LL� > O pw0 O O LL U Z U-0 ZI 00 Z ou — LU ILL—, L— L- CC p } F- Q; i OZ' F- ¢ 0 l 1— < 0� pY Z0. Z0. Z -Q�F-I -J Zp �F . Z❑ �F ZC U J O i U p Q U p U J a~ J J¢ J Zp I I Q�, aLL• aL -0 E1 W m UZ Y} E Z LUm LLJ 0 w z e.) , J U LLI Q LL to LO Wz OLo JO U�iD-N I U .-. Z_ N 0 O U) W CO a E z O. H w 0 01 z N --J L 0— LL.-_-' J 0 't (D I o ca N N —, Z O CD1YU z w U) O zWa z0J Q=QUU W O Z C) C) zZO m° Z O} D Z cl l CL0o-aU n Z n u u = II TUU CLXMCLU 0 Z W O W J N O I E _ J N E I 0 0 y U C O U I tm � I O Q U i p N Y I � 0 I 0 z ' I I I (p N (O O N O LO M O 9- 00 O O I 6 O N N N CL N CL C) U -0 E1 W m UZ Y} E Z LUm LLJ 0 w z e.) , J U LLI Q LL to LO Wz OLo JO U�iD-N I U .-. Z_ N 0 O U) W CO a E z O. H w 0 01 z N --J L 0— LL.-_-' J 0 't (D I o ca N N —, Z O CD1YU z w U) O zWa z0J Q=QUU W O Z C) C) zZO m° Z O} D Z cl l CL0o-aU n Z n u u = II TUU CLXMCLU 0 Z W O W J nMG1TY-®I1# BtAM.0XD..BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On January 26, 2010, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. 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 22, 2010, 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, 2010, at Diamond Bar, California. v e Stella Marquez Community Developtt°'Department gAWfidavitposting. doe Re 0 n_ 12 and int ready, for 0=60mg