HomeMy WebLinkAbout02/08/2011IRAN I .G FILE COPY
COMMISSION
AGENDA
February 8, 2011
7:00 P.M.
,South Coast Air Quality Management District
Government.Center Building Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Chairman Tony Torng
Commissioner KwangP Ho Lee'
Commissioner Jimmy Lin
Commissioner Steve Nelson
Commissioner Jack Shah
Copies ofstaff 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 distributionin 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.
+ j
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 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.
us
email: info(a�ci.diamond-bar.ca.
J.
tom, RAFT
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JANUARY 11, 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 Nolan led the Pledge of Allegiance.
ROLL CALL;
Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack
Shah, Vice Chairman; Kathy Nolan, .and Chairman Tony. Torng.
Also present: Greg Gubman, Community Development Director; Brad
Wohlenberg, Assistant City Attorney; Grace Lee, Senior: Planner; 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 December 14, 2010.
C/Lee moved, C/Shah seconded, to approve the December 14, 2010,
minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7A, Development Review No. PL 2010-296 =Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant requested approval for an
addition of 1,566 square feet to an existing 1`,507 square foot single-family
residence. The subject property is zoned Low Density Residential (RL) with
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JANUARY 11, 2011 PAGE2. PLANNING COMMISSION
a consistent underlying General Plan Land Use designation of Low Density
Residential.
PROJECT ADDRESS: 24201 High Knob Road
Diamond Bar, CA 91765
PROPERTY OWNER: Kalathur and Anuradha Pattabiraman,
24201.High Knob Road
Diamond Bar, CA 91765
PT/Tobin presented staff's report and recommended Planning Commission
approval.of Development Review No. PL 2010-296, based on the findings of
fact, and.subject to the conditions of approval as listed within the resolution.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Kalathur Pattabiraman said he and his family have lived in Diamond Bar for
20 years and wish to .make their current home their final home by improving
the property and asked for Commission approval.
Mr. Pattabiraman responded to Chair/Torng that he read staff's report and
concurred with the conditions of approval.
'Chair/Torng closed the public hearing.
VC/Nolan thanked the applicant for choosing to remain in Diamond Bar and
said she was pleased to see this type of request before the Commission for
consideration.
VC/Nolan moved,C/Shah seconded, to approve Development Review
No. PL 2010-296, ,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, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS -.None
DRAFT
JANUARY 11, 2011 PAGE 3 PLANNING COMMISSION
7.2 Time Extension for Conditional Use Permit No..2007-10 and
Development Review No. 2006-11 — Torecommend approval to the City
Council for a one-year time extension for a nine -unit residential condominium
project on a 0.62 acre lot. Under the authority of Diamond Bar Municipal
Code Section 22.66.050, the applicant submitted a request for a one-year
extension of time to begin construction. The project site is zoned High
Density Residential -Planned Development Overlay (RH-PD) with a consistent
underlying General Plan land use designation. The project was approved on
November 20, 2007, with a three (3) year timeframe to obtain building
permits and begin construction.
PROJECT ADDRESS: 23671 Golden Springs Drive
Diamond Bar, CA 91765
PROPERTY OWNER: GSDB Investment Group LLC
625 Fair Oaks Avenue #115
South Pasadena, CA 91030
APPLICANT: Joseph Kwok
625 Fair Oaks Avenue #115
South Pasadena, CA 91030
PT/Tobin presented staff's report and recommended the Planning
Commission recommend approval to the City Council of the time extension
for Conditional Use Permit `. No. 2007-10 and Development Review
No. 2006-11 based on the Findings of Fact, and subject to the conditions of
"approval as listed within the draft resolution.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Joseph Kwok, applicant, said that as a result of drainage requirements
imposed by the City's Public Works Department, the property owner is
working with the contiguous homeowners association to resolve those issues
and need the time extended to resolve those issues.
C/Shah asked what kind of drainage issues the applicant was dealing with
and what kind of time was needed to resolve those issues. Mr.. Kwok
responded that originallythe Public .Works Department hoped, that the
applicant could drain the surface water naturally through the condominium
complex next door to their project but the applicant has not been able to get
the board to agree to meet with them todiscuss the possibility with their
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JANUARY 11, 2011 PAGE 4 PLANNING COMMISSION
homeowners. There is an alternative proposal to get the surface water
drained from the site via a sump pump so that if the contiguous association
board does not agree to the first option, the applicant will move forward with
the alternative plana Since the applicant has pursued the association's board
for the past two, years his firm has decided to move forward to get an
agreement from the Public Works Department to cease further attempts to
get the board's approval and move to the alternate proposal by the end of
January 2011.
Chair/Torng closed the public hearing.
VC/Nolan moved, C/Nelson seconded, to recommend City Council approval
of a one-year time extension for Conditional Use Permit No. 2007-10 and
Development Review No. 2006-11, 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, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Development Review, Tentative Tract Map, Variance, Parking Permit,
and Comprehensive Sign Program No. PL 2010-163 — The applicant
requested to construct a 36,142 square foot new three-story professional
office building on a 41,110 square foot (0.94 acre), Community Commercial
(C-2) zoned parcel with an underlying General Plan Land Use designation of
General Commercial (GC). A Tentative Tract Map is requested to subdivide
air space for a 30 -unit office condominium; a Variance is requested to
increase the building height from 35 feet to 39 feet; a Parking Permit is
requested to share access and parking between the proposed development
and Diamond Hills Plaza, the existing shopping center, and a.
Comprehensive Sign Program is requested for the signage on the building.
PROPERTY ADDRESS: 2705 Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OWNER: Country Hills Holdings, LLC
8115 Preston Road #400
Dallas, TX 75225:
R A - T
JANUARY 11, 2011 PAGE 5 PLANNING COMMISSION
APPLICANT: THL Investments, LLC
17528 Rowland
City of Industry, CA 91748
SP/Lee presented staffs report and recommended the Planning Commission
adopt the resolution recommending City Council approval of Development
Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive
Sign Program No. PL 2010-163, based on the findings of Fact, and subject
to the conditions of approval as listed within the resolution.
C/Shah asked if trees would beadded on the street side of the building and
SP/Lee said there were no trees proposed within the 10 foot setback. There
is limited space providing room for a walkway and shrubs and vines in the
area. There are no existing. trees in the.setback area, only existing.trees
along Fountain Springs Road (six trees) which will be retained prior to and.
after construction.
C/Lee asked why the setback is being reduced from the usual 15 feet to 10
feet and SP/Lee said that applicant was proposing a larger building and in
order to fit in the number of required parking spaces and maximize the
parking spaces within the property the minimum requirement was 10 feet.
C/Nelson, asked if the six trees on Fountain' Springs Road were on. City
property and SP/Lee responded no, that they were :on the applicant's
property. C/Nelson asked what the City's remedy would be if the trees had
to be removed to accommodate the property. SP/Lee referred C%Nelson to
Condition 3, Page - 11. There is no 'specific 'condition that specifically
prohibits removal., If the applicant wished to remove any or all of the trees
they would have to review the condition with staff to determine whether
removal was allowed. C/Nelson said he was concerned that the trees should
remain in place and be certain that the neighbors were informed if for some
unforeseen reason, they would have to be removed because it would
Significantly increase the massing and reduce the screening from the back
yards across Fountain Springs Road. CD/Gubman proposed including a
condition to read that should applicant need or request removal of the
trees that it would require that they obtain a permit from the City for removal
and with that permit, the City would require a certain ratio of replacements to
help ameliorate the'visual impacts the current stand of trees would provide.
C/Nelson felt that contrary to staff's statement that the line of site from the
third story of the proposed building would be less intrusive than.itwould be
from the second story because in his opinion; it was a little bit more intrusive
but not significantly intrusive.
PAGE 6
C/Nelson said he appreciated that the applicant provided the cross-sections
because the applicant has, as indicated during the workshop, demonstrated
that the proposed improvement will not be significantly more intrusive than
the,existing improvement. He asked if there was a balcony on the third floor
or if it had been eliminated and SP/Lee responded that the third floor balcony
had been eliminated. However, there are access ways for maintenance
purposes only with no public access.
VC/Nolan asked if there was a point at which the parking would be so large
- that it would be subdivided.to accommodate certain other businesses in the
center. SP/Lee said there was no particular formula for areas within the
shopping center. It is based on an aggregate of shared parking. VC/Nolan
asked if the proposed parking for this building would offer a reasonable
walking distance to other businesses within the shopping center. SP/Lee
explained that there is currently less activity on the north side of the shopping
center and there are not many parking space utilized in that area so staff
would not anticipate a problem with the new three-story building.
CDD/Gubman said that C/Nelson's observation regarding line of site was a
good observation. The vantage point starts at a higher elevation at the tree
than it did for the two story building because the downward site line is at a
steeper angle for the three story building than it is for the two-story building.
What the applicant is attempting to show is that the third floor parapet which
would have been the railing for the balcony effectively cuts off the view angle
when one is looking down. With respect to .parking, where the former theater
was located, the new multi -space building includes a large parking area that
is essentially vacant and unused. . Staff hopes the new development
produces a little parking congestion to help the other retail buildingsand,
businesses, and staff is very comfortable there will be no adverse parking
issues due to the current inventory of underutilized parking.
C/Shah said his opinion was that people in the building would. be able to look:,
into the back yards of the homes across Fountain Springs Road.
There were no ex parte disclosures.
Chair/Torng opened the public, hearing.
Peichin Lee, project developer and Diamond Bar resident said she was
present to answer any questions the Commission might; have .and thanked
them, for giving her the opportunity to move forward :with 'the' proposed
project. She responded to Chair/Torng that she reviewed staff's report and
'DRAFT
JANUARY 11, 2011 PAGE 7 PLANNING COMMISSION
concurs with staffs recommendations including the most recent condition
discussed this evening involving possible tree mitigation.
Christopher Chung; 21470 Cold Spring Lane, felt, the proposed use was
compatible with the shopping center and would be a great addition and
provide synergy to the northern end of the center. He is amazed that the
City is able to attract a qualified developer who is able to get the financing to
produce this type of development during these difficult economic times. He
believes- the project has been thoroughly vetted and supports the project.
Chair/Torng closed the public hearing.
C/Lee said he was in support of the project and stressed that the condition
regarding the trees should be maintained to minimize the impacts to the
street and to the residence on the opposite side of Fountain ,Springs Road.
C/Shah moved, C/Lee seconded, to adopt the resolution recommending City
Council approval of Development Review, Tentative Tract Map, Variance,
Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based
on the findings of Fact,. and subject to the conditions of approval as listed
within the resolution, with. the addition of the _condition regarding tree.
mitigation as recommended by staff. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,`
Chair/Tomg
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS:: None
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Nelson said that in all of his years serving on and dealing with Planning
Commissions he did not believe he had ever experienced a Planning Commission
that worked together as well as this Planning Commission. Congratulations to all.of
his colleagues and to staff; and Happy New Year to all.
C/Shah said he concurred with .0/Nelson and thanked staff for their expertise. He
wished everyone a prosperous New Year.
VC/Nolan announced that she would be resigning from the Planning Commission.
She and her husband Dan have sold their Diamond Bar home and are moving away
from the City. This is a bittersweet change for them .and since their, children have
moved on it is time for them to do so as.well. She thanked staff for their exhaustive
JANUARY 11, 2011
PAGE 8
PLANNING COMMISSION
help to the. Commission and thanked her colleagues and M/Tye for their support
and said it had been apleasure'to serve the City:
C/Lee wished everyone a Happy New Year. He wished VC/Nolan well in her future
ventures.
C/Nelson said he and his colleagues would miss VC/Nolan. Her perspective on this
Commission has. been greatly appreciated and he thanked her for her contributions.
C/Shah said he would miss VC/Nolan, a great friend and colleague.
Chair/Torng said it was an honor to work with everyone and said he would miss
VC/Nolan: The Planning Commission is a great group and it is wonderful to have
staff's support.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman said staff learned of VC/Nolan's resignation earlier today and
are sorry to have her leave. He thanked C/Nelson for his comments.
CDD/Gubman has been in this line of work for 21 years and this Commission
is the most enjoyable group to work with in his years of service to four
different cities. It his privilege to serve as the Commission's staff and it
means a lotto him to hear such kind words.
CDD/Gubman stated that the January 25 Planning Commission meeting
would be canceled due to lack of agenda items and other staff business
including conducting the City's biennial homeless count to get a sense of the
homeless population and where to allocate the homeless services. When
the homeless count was taken in 2009 it was scheduled for a Thursday
evening from 8:00 p.m. until midnight and no homeless persons were found
in the City. With the current economic climate, it will be interesting to find out
what changes in the..upcoming homeless count.
CDD/Gubman announced that the Winter Snowfest would be held on
Saturday, January 15 and if Commissioners are attending they are asked to
come to the stage area at 11:00 a.m. for the welcome speech. Planners
Institute is scheduled for March 9-11,2011. Commissioners who wish to
attend are asked to advise staff by February 1.
CDD/Gubman asked Commissioners who no longer, needed the three-story
office building plans to please return them to staff to recycle and use for the
upcoming Council hearings in an'effort to reduce 'reproduction costs:
DRAFT.
JANUARY 11, 2011 PAGE 9 PLANNING COMMISSION
CDD/Gubman stated that with respect to the new City Hall location, the
conceptual design phase is complete and staff is moving into, the
construction documents phase. The process is moving forward as planned
and staff intends to move the operation to the new location by the end of
2011. Further, it likely that most of the Planning Commission meetings will
be held in the new building except when there are large projects and larger
audience participation is anticipated. He wished everyone a Happy New.
Year.
FF"I"'LANNING COMMISSION
............
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NO,
8.1
MEETING DATE:
February 8, 2011
CASE/FILE NUMBER:
Conditional Use Permit and Development
Review No. PL 2010-253
PROJECT LOCATION:
24495 Eastgate Drive (Los Angeles County
Assessor's Parcel Number 8701-006-900)
APPLICATION REQUEST:
To relocate; existing cellular antennas. on : a
water tank to a ` new ' 35 -foot high artificial
broadleaf tree within the property„ and upgrade
associated equipment. The subject site is
zoned Low Density `Residential: (RL) with, a
consistent underlying General Plan :land use
designation of Water.
PROPERTY. OWNER:.
Cregg Zimmerman
Walnut.Valley Water. District
217 S. Brea Canyon Road
Walnut, CA 91789 -
APPLICANT.
Thomas Mundl
T -Mobile .
1.594 N. Batavia Street
Orange, CA 92867
STAFF RECOMMENDATION: .Approve subject to conditions.
BACKGROUND.
Thei project site is owned by the ,Walnut Valley Water District (WVWD), and is the
location of the E8istgate Reservoir near Pantera Park. On October 28, 1999, T -Mobile
was approved to install cellular antennas on the smaller of the two water tanks at the
facility. There are presently three existing freestanding wireless telecommunications
facilities in operation on the subject property for other wireless service providers, which
are listed below.
Sprint PCS was approved on September 30, 2003, to install a 37 -foot broadleaf
tree;
Cingular Wireless (now AT&T) was approved on January 10, 2005, to install a
38'-6" broadleaf tree; and
® Verizon Wireless was approved on January 29, 2009 to install a 35 -foot
broadleaf tree.
The service road leading to the Eastgate Reservoir belongs to the City of Diamond Bar.
On June 6, 2000, an easement agreement in the amount of $3,000.00 annually was
approved by the City Council for Pacific Bell—now T-Mobile—to utilize the City -owned
service road for utilities and access to the Eastgate Reservoir site.
Project Descril2ti®ro
On October 7, 2010, the WVWD instructed T -Mobile to remove the cellular antennas
from the water tank in order to refurbish and make seismic upgrades to the existing
water tanks. Hence, T -Mobile submitted plans to the City to relocate the antennas to a
new broadleaf tree within the property.
The proposed relocation consists of a new 35 -foot high broadleaf tree with a six-foot
high wrought iron enclosure and upgrades to the existing equipment. The equipment
will remain in its current location, enclosed with an existing chain-link fence. -
T -Mobile cannot co -locate on existing freestanding wireless facilities because there
would not be sufficient vertical separation between carriers' antennas to avoid
interference. It is standard` for a 10 -foot separation between antenna centerlines of
different carriers. In order for T -Mobile to achieve its coverage, objective, a centerline
height of 28 feet (or its current height of 27 feet) would provide the best antennae
separation. The existing co -location sites would physically obstruct T -Mobile's signal by
the existing trees to the south. Therefore, 'a location' farther downhill is most suitable for
T -Mobile's relocation.
Page 2 of 8
OASTAFF REPORTS-PMEASTGATE 24495 -T -MOBILE PL 2010251DOC
South
Planning Area 2 Specific Plan
RL
—RL
Open Space
East
Planning Area 2 Specific Plan
Open Space
West.
Planning Area 2 Specific Plan j�---
RL
Open Space
Pantera
Park
Cf evelopmenf
-
DBM.Gl Sfandards 22 42.130
Euistmg
I Proposed
Feature
Setbacks
Antenna:
Distance equal to height of
275' -
247'-5"
Yes
,
antenna plus 20%from
' 4 ,
nearest residential lot line;
,
Equipment Building:
250'
250'
Yes
:x
20' to ROW line.
To Equipment :
To Equipment
Height
35'-0"
33'
35'
Yes
Equipment Building:
0 ;,
0'
13 feet
Existing 7' Chain Link
Yes
T Chain Link Fence
Fence.to Remain
Screening ' '
Screen or camouflage to
Antenna is designed_
mitigate visual impacts.
Antennas on water
to appear as a
Yes
tank
broadleaf tree.
Architectural
Equipment is
Existing equipment to
Irftegfat�an
Integrate with design and
enclosed by chain
remain enclosed by
Yes
:.:
color
link fence , '
chain link fence
Undergrountl
All utilities and connection'
All cables are
All cables to be
U�tilit�es ;_
cables must be placed
underground
underground
Yes
underground
fighting
k
Artificial lighting shall be
F
limited to mandato safety
mandatory y
None
None
Yes
f lt.
and security
Co Location `
ra `'
Applicant.and Property.
Not designed for
Designed for future
Yes
owner must consent to future
co -location
co -location
co -locations)
Landscape
Landscaping may be
Antenna is designed
required for screening
Not required
to appear as a
Yes
purposes
broadleaf tree
, ;Meets
Requirements,
New six-foot .high wrought iron enclosure around the broadleaf tree with 15. gallon
Texas Privet Shrubs; and
Upgrades to some of the existing equipment.
Staff recommends a condition of approval to require the proposed ' antennas to be
painted to blend in with the new broadleaf tree.. In addition, staff also recommends that
the proposed wrought iron fence enclosure be painted green to match the existing
vegetation.
Facility Operational Characteristics
The proposed wireless telecommunications facility operates 24 hours a day, seven days
a week, with routine maintenance visits:
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
telecommunications facilities, and establishes safety thresholds for radio frequency (RF)
emissions. Because wireless telecommunications facilities are regulated by the FCC,
local agencies arepreempted considering perceived health effects in land use decisions
for such facilities:
Compatibility with Neighborhood.
The proposed project complies with the goals and objectives as set forth in the adopted
General Plan in terms of land use. The project will not negatively affect the existing
surrounding land uses, and the design and appearance of the proposed structure is
compatible with the surrounding area for the following reasons:
The proposed relocation of the cellular antennaswill conform with all
development standards, including height and setbacks;
Walnut Valley Water District's Eastgate Reservoir is identified on the City's
Telecommunications' Facilities' Opportunities Map as an acceptable location for a
cell site;
Page :6 of 8
O:\SrgFF REPORTS-PC\EASTGATE 24495- T -MOBILE PL 2010-253.DOC
findings of DBMC Section 22.48 and 22.58, subject to conditions of approval as listed
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, small
structure) of the CEQA Guidelines. Therefore, no further environmental review is
required
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond
Bar Municipal Code (DBMC) Section 22.58, 22.48, and 22.42.130, *this Planning
Commission hereby finds as follows:
Conditional Use Permit Findings (DBMC Section 22.58)
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 Table 2-3,
wireless telecommunication facilities are allowed in the RL zoning district.
Additionally, this location is identified on the City's Telecommunications Facilities
Opportunities Map. The proposed 35 -foot high broadleaf tree wireless facility
complies with the development standards for wireless telecommunications
facilities.
2. The proposed use is consistent with the general plan and any applicable specific
plan;
The proposed project entails the removal of existing cellular antennas on a water
tank and relocates the antennas to 'a new broadleaf tree within the property
already developed with three existing wireless telecommunication facilities. The
relocation of the antennas. will not interfere with wireless coverage to subscribers
in the area, nor will it create traffic or pedestrian hazards. As a result, staff finds
the proposed project is compatible with the surrounding neighborhood since there
are three existing cellular sites on the property. The site is also 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 freestanding antenna support structure is designed to be consistent with the
three other antennas on the site and blends in with the surrounding frees and
vegetation. The ground equipment is existing, which will have minor upgrades,
thus will not affect the existing location.. The reservoir site is a 3.7 gross -acre site
developed with two above -ground municipal water storage tanks and three
existing telecommunications facilities.
The existing and proposed facility is; unmanned and operates 24 hours a day,
,2
-XX
Planning Commission Resolution No. 2011
seven days a week, with monthly routine maintenance. > As such, the operational
characteristics are compatible with the existing and future land 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 telecommunications facility's location is consistent with the
City's Telecommunications Facilities Opportunities Map, which identifies public
'facilities as a location for this type of use. As referenced above, the project site is
physically suitable for the type and intensity of use being proposed including
access; provision of utilities, compatibility with adjoining land uses; and the
absence of physical constraints. Since the antennas are being removed and
relocated within the site, the intensity of the use will remain.
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 proposed project is required to comply
with all conditions within the approved resolution, and the Building and Safety
Division and. Public Works Departments, and Los Angeles County Fire 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.
" 6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303
(new construction of small structure) of the CEQA Guidelines:
Development. Review (DBMC Section 22.48)
1. The design and layout of the proposed development is consistent with the
applicable:elementsof 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 2 of the: Conditional Use Permit FindingsofFact, 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,
orplanned developments.)
.3
Planning Commission Resolution No 2011-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 2 and 3 of the. Conditional Use Permit Findings of
Fact, the design and layout of the Project will not interfere withthe 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 1 through 4 of the Conditional Use Permit Findings of
Fact, 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 3 and 4 of the Conditional Use Permit Findings of
Fact, the design of the Project will provide a desirable environment for its
occupants and visiting public, as well as its neighbors, through good aesthetic use
of materials, texture, and color that will remain aesthetically appealing.
5. The proposed development will not be detrimental to 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 4 of the Conditional Use -Permit Findings of Fact, prior
to 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 Departments, and Los Angeles County. Fire_ 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.
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.
Y �4
Planning Commission Resolution No.'2011-XX
The Project integrates the antennas onto a new freestanding structure disguised
as a broadleaf tree so as to blend in well .with the existing vegetation and three
existing wireless facilities on the property. 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 to
match the existingvegetation and existing wireless facilities on the site. The
equipment area will remain existing, thus, no screening shall be provided.
3. Size. The total size of the proposed facility, particularly in relation to surrounding
and ,supporting structures.
The proposed relocation of the antennas to a new broadleaf free is appropriate in
size and scale to the context, setting and similar to the existing wireless facilities
on the property. The proposed six-foot high wrought iron enclosure is conditioned
to be painted green to blend in with the vegetation and planted with shrubs.
4. Residential proximity. Proximity of the proposed facility to residential structures
and to the boundaries of residential districts.
The proposed relocation of the telecommunications facility is approximately 245
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..
The proposed project will have access from the access road which extends off of
Eastgate' Drive.` On June '6, 2000 an easement agreement in the amount of
$3,000.00 annually, was approved by the City Council forPa`c Bell, now T -Mobile, .
to utilize the City -owned service road for utilities and access to the site.;
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.
Currently, T -Mobile has its antennas affixed to the water tank. However, Walnut
Valley Water District. has instructed T-Mobile'to remove the antennas from the
water tanks and relocate. within the property due to refurbishment and seismic
upgrades to the.'water tanks. The': three existing telecommunications facilities
located on the site,,while,equipped for co -location, do not permit the new antennaas .
to: meet the'height requirements necessary;to provide adequate coverage for the
5
Planning Commission Resolution No..2011-XX
area. Therefore, the telecommunications antennas will be attached to a new 35
foot high freestanding structure disguised as a broadleaf tree.
®. CONDITIONS OF APPROVAL
Based on the findings and conclusions set forth above, the Planning Commission hereby
approves.the proposed project subject to the following conditions and the attached standard
conditions: ' -
1. All antennas, structural components and other apparatus attached to the broadleaf
tree, shall be painted and maintained dark green to match the leafs and shall be a
noncorrosive nonmetallic finish that is conducive to reflection or glare.
2. The proposed wrought iron fence shall be painted green to blend in with the
existing vegetation.
3. The project shall substantially conform to Title Sheet, Site Plan, Antenna and
Layout Plan, Elevations, Landscape Plan, and Details 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 telecommunications facilities.
8. Signs and advertising shall be prohibited on -the antenna array.
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.'
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 00 -days of notification by the City.,. .
12. All'cables and wiring, for the telecommunications facility.shall be underground.
6 Planning Commission Resolution No.'2011-XX
/.�C1 I
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COMMUNITY .DEVELOPMENT DEPARTMENT
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STANDARDCONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit and Development Review. No. PL
2010-253
SUBJECT: New 35 -Foot High Wireless Telecommunications Facility
APPLICANT: T -Mobile
LOCATION: 24495 EastgateDrive, 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
1 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
2010-253 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.
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 and Development Review No. PL 2010-253,' at the City of
8.
Planning commission Resolution No. 2011, -XX
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.' 2011 -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 wetsealed/stamped by a
licensed Engineer/Architect:
5.1 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.
B. FEES/DEPOSITS
1. 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. goading or
building permit, whichever come first:
9
Planning Commission Resolution No. 2011.XX
2. Prior to any plan, check, all deposit accounts for the processing of this project shall
have no deficits:
C. TIME LIMITS
1. The approval of Conditional. Use Permit and Development Review No PL 2010-
253 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
1. 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, and landscape plans 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
manner with a clean, orderly appearance. All graffiti shall be removed within 24
hours by the property owner/occupant.
F. SOLID WASTE
1. 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.
10
-XX
Planning Commission Resolution No. 2011
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Any work within the Public Rights-of-Way will require a separate encroachment
permit from the Public Works/Engineering 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., 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 ArchIitect/Engineer with wet
stamp and signature.
3. Application for which no permit is issued with.in 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.
6. Blease 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. .
All retaining.walls shall be submitted to the Building and Safety Division and Public
Works Department for review and approval.
11`
Planning Commission Resolution No.. 2011 XX
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