Loading...
HomeMy WebLinkAbout01/22/1996I:«1 �1►i17.1 JANUARY 22, 1996' 7:00 P.M. South Coast Air (,duality Management District Auditorium . 21865East Copley Drive Diamond Bar, California Chairman Commissioner Commissioner Commissioner Bruce ••'••, •• Da Wd Meyer Ir• Schad Franklin Fong Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II 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 accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. F.VWPCACB,DA D Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Monday, January 22, 1996 Next Resolution No. 96-1 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Bruce Flamenbaum, `David Meyer, Don Schad, and Franklin Fong 2: MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a beaker's Card for the recording Secretary (Completion of this for is voluntaU) There is a five minute maximum time limit when addressing the Planning Commission. 3. 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: 3.1 Minutes of November 27, 1995 4. OLD BUSINESS: None 5. NEW BUSINESS: 5.1 Discussionregarding the appointment of an Ex -officio Youth Member to the Planning Commission 5,2 Selection of a Vice Chairman to the Planning Commission 6. CONTINUED PUBLIC HEARING: 6.1 Variance No. 95-2 A request (pursuant to Code Section 22.56, Part 2) to construct a series of two retaining walls (crib walls) within the rear portion of the project site. Each retaining wall's maximum height is 13 feet. Additionally, this project includes the construction of an 8,334 square foot two story single family residence with. a cellar, deck, pool/spa, and four car garage. The project site is a 1.2 acre vacant lot located within a gated community identified as "The Country Estates". Continued from November 27, 1995. 1 7. 8. 9. Project Address: 1729 Derringer Lane, Diamond Bar, CA 91765 Owner: Jeffrey and Eddy Hu, 933 Leyland Dr., Diamond Bar, CA Applicant: Frank Piermarini, 2100 S. Reservoir, Pomona, CA 91766 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has prepared, a Negative Declaration._ RECOMMENDATION: Staff recommends that the Planning Commission continue the public hearing for Variance No. 95-2 to February 26, 1996. PUBLIC HEARING: 7.1 Conditional Use Permit No. 95-7(2) A request for an Extension of Time (pursuant to Code. Section 22.56.140) for an existing temporary unmanned cellular communications facility. This existing facility consists of a 200 square foot prefabricated telephone equipment shelter and 70 foot high wooden monopole with three omni whip antennas with a total height not exceeding 89 feet. This project's original approval was on December 13, 1993 for the purpose of restoring communications service to the area. A permanent site was approved at Diamond Bar High School by the Planning Commission on October 9, 1995. The Extension of Time is needed until the school site is completed. The project's temporary site is located within an existing commercial development. Applicant: L.A. Cellular, 17785 Center Court Dr. N., Cerritos, CA 90701 Owner: Rhinehart Management Co., P.O. Box 4428, Covina, CA 91723 Project Address: 21308 Pathfinder Road, Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt § 15301 (b). RECOMMENDATION: Staff recommends that the Planning Commission approve CUP 95-7(2) , Findings of Fact, and conditions as listed within the attached resolution. PLANNING COMMISSION ITEMS: INFORMATIONAL ITEMS: 10. ANNOUNCEMENTS: 10. ADJOURNMENT: February 12, 1996 2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27,, 1995 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:058 p.m'. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chairman Huff. ROLL CALL: Present: Commissioners: Chairman Flamenbaum, Vice Chairman Huff, Commissioners Schad and Fong. Absent: Commissioner Meyer Also Present: Community Development`'" Director James DeStefano; Assistant Planner Ann Lungu; Consultant Engineer Mike Myers, Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs Road, read a letter from the residents of Fountain Springs Road and Sunbright Drive that had been sent to the Planning Commission. He stated that Clay Chaput, Assistant. Superintendent of Diamond Bar High School indicated he is unaware of any landscape plan and plan for placement of a LA Cellular tower on the school property. He requested the Planning Commission pursue these items with LA Cellular and the school district and ask ,for their cooperation in resolving the matter. CDD/DeStefano responded to C/Flamenbaum that he is not aware of the progress. He indicated he will contact the school district and provide a report at the December 11, 1995 Planning Commission meeting.' C/Shad stated that, in his opinion, Mr. Clute's presentation is very good and covers all of the major issues. He indicated he wanted to emphasize that the major engineering factor pertaining to the sprinkler installation, due to the severity of the slopes and the size of the slopes that run on the west side of the school, might -best be solved by using a drip system instead of an overhead sprinkler. Since many people use the sidewalks in the area, there is a danger of slipping and falling due to the wet sidewalks. November 27, 1995 Page 2 Planning Commission CONSENT CALENDAR: 1. Minutes of October 23, 1995. C/Meyer made a motion seconded by VC/Huff to approve the minutes as submitted. Without objection, the motion was so ordered. OLD BUSINESS - None NEW BUSINESS - None PUBLIC HEARING: 1. Variance No. 95-2 (pursuant to Code Section 22.56, Part. 2), is a request to construct a series of two retaining walls (crib walls) within the rear portion of the project site. Each retaining wall's maximum height is 13 feet. Additionally, this'project includes the construction of an 8,334 square foot two story single family residence with a cellar, deck, ppol/spa, and four car garage. The project site is a 1.33 acre vacant 'lot located within a gated community identified as "The Country Estates". Property Address: 1729 Derringer Lane, Diamond Bar Property Owner: Jeffrey and Eddy Hu, 933 Leyland Drive, Diamond Bar Applicant; Frank Piermarini, 2100 S. Reservoir, Pomona, CA 91766 VC/Huff stated he.lives near the proposed development, recused himself and left the dais. AstP/Lungu stated the project is Zoned, R-1-40,000 and has a General Plan land use designation of Rural Residential (RR) . The project site is approxi ' mately 1.33 gross acres and is rectangular in shape. The vacant lot slopes to the rear at a 2:1 slope with grades varying from 10 percent to 67 percent (1.5:1 slope ratio). A flood hazard area is located within the rear portion of the project site. No structures are proposed osed in this area. The, purpose of the retaining walls is to provide a recreational area so that the applicant can have lawn area with pool and, spa facilities. Additionally, retaining walls are proposed adjacent to both side property lines to contain a fill. Maximum height of these retaining walls is six feet except for the portion of the retaining. wall which meets the crib wall November 27,.1995 Page 3 Planning Commission vll� (westerly) , adjacent to the north property line. At this location, the retaining wall's height is 11 feet. Pursuant to the City's Planning and Zoning Code Section Z2.48.160.D., the maximum permitted height of a retaining wall I is six feet. In order to construct a retaining wall which exceeds this height limitation as proposed for this project, the Variance process must be utilized. The Yard Modification process cannot be utilized in, this case because the series of retaining walls, as proposed, are not considered a minor modification. The guidelines of the City's Hillside Management Ordinance are applicable to this project. These guidelines state the following: design'a project that is sensitive to the natural terrain and minimizes the effects on the hillside, and design'a single family structure that is located and terraced to follow the slope and minimizenecessarygrading. Suggested techniques for guideline compliance are split pads, stepped footihgsJ1 and grade separations. Pursuant to.Development Review Ordinance No. 5 (1990), the proposed project oject retruires Administrative Development Review performed by the Community Development Director through the public hearing process. However, the Variance review allows the.Planning Commission to also review' this project from a, Development Review perspective.. AstP/Lungu continued indicating the staff report includes a comparison of the City' ' s development standards and the proposed project's development standards. This proposed project complies with the City's codes except for the retaining walls he.ights,.pilasters' height within the 20 foot front yard setback, and the average finished grade (AFG) calculations. Additionally, this project does not comply with the intentions of the City's Hillside Management Ordinance.. The Hillside Management Ordinance requires that retaining walls, associated with lot pads, shall not exceed four feet in height. Where an additional retained Portion is necessary because of unusual or extreme conditions (such as lot configuration, steep slope, or . road design), the use of terraced retaining structures shall be considered on an individual lot.basis. Terraced walls shall not. exceed three feet in height and shall be separated by a minimum of . three feet and incorporate appropriate landscaping. The proposed project site is *steep sloping. Therefore, the site's development causes the use of terraced. retaining walls. However, the retaining walls, ..as designed, even though appropriately landscaped, do not November 27, 1995 Page -4 Planning commissi comply with the Hillside Management Ordinance's guidelines. According to the City's Planning and Zoning Code Section 22.48.160.A., the maximum height of structures within the 20 foot front yard setback is 42 inches. The conceptual landscape plan delineates two pilasters, seven feet high, ,located on both sides of the driveway. To comply with the Code, the pilasters, maximum height shall be 42 inches. The conceptual landscape plan also indicates low planter walls within the private street's easement. These walls need to be moved out of the easement or deleted. Pursuant to the City's Planning and Zoning Code Section 22.20.110, the maximum height of a single family structure is 35 feet and two stories. Also, a third level may be constructed as a cellar, if it is located 50% or more below the, grade. As defined in the Code, grade is the average of the finished ground level (AFG) at the c ' enter of all the single family structure's walls. In order to calculate the AFG, the Code requires the utilization.of the elevation at the mid -point of all the structure's outside walls as a reference point for estimating the grade. Next, each indicated mid -point measure is identified on the grading plan. Total the mid -point measures. Divide by the number of measures taken for the actual AFG. The applicant calculated the AFG using the mid -point of the structure's outside walls. However, when doing these mid -point measures, the left portion (westerly) of the rear elevation's outside wall was not considered. This wall is part of the residential structure and should be considered. When considering this elevation (1175.7 and 1181.0), the AFG calculation is 1184.76 instead of 1187.26, as proposed: With an AFG calculation of 1184.76, the residential structure's height from the AFG is 37.5 feet and the cellar is not 50% or more below the AFG. As such, the cellar (pursuant to Code) is a basement (third story). and not permitted and the residential structure exceeds the 35 foot height limitation as measured from the AFG. When reviewing this project's design, the rear elevation must be considered from the view of neighboring properties below. This view will incorporate the rear wall (three levels) of the residential structure and two thirteen feet high retaining walls. Therefore, the total view of walls from neighboring properties below is approximately 63.5 feet high. AstP/Lungu continued stating the applicant's conceptual landscape plan indicates extensive' landscaping of the crib walls and rear yard's recreational area, as well as LJ x November 27, 1995 Page 5 Planning.CommissioM in the side and front yards. However, this landscaping can be considered a bandaid for the reality of walls totalling to approximately 63.5 feet in height. The proposed project was reviewed by the City's Building and Safety Department and the Engineering Department. Their comments and recommendations are included in staff's report. Staff recommends that the Planning -Commission open the public hearing, receive testimony, and continue Variance No. 95-2 in order to allow the applicant the opportunity to redesign the project. AstP/Lungu responded to Chair/F ' lamenbaum that there are no special circumstances that would necessitate the Planning commission granting a variance. CDD/DeStefano stated the Planning Commission can request the applicant make changes to bring the project to compliance, continue the project and'to deny the project as it is presented, or approve the Project. CDD/DeStefano responded to C/Fong that the applicant has the opportunity to redesign the project. He indicated this is a self-induced hardship because there is not.the necessity for this size home or for the proposed pool that'requires the higher retaining wall. The home could be stepped. There are a number of changes that could be incorporated. -The applicant has a right to propose a project and the Planning Commission can make a decision as to whether itis consistent with the character of "The Country Estates" neighborhood, do ' nsistent with the standards and practices the. City has employed over the years and, in this case, whether those items will result in the need for a variance. Chair/Flamenbaum declared the public hearing open. Frank Piermarini, applicant for the proposed project stated he is in favor of the project as presented. He reviewed the staff report and -is present to answer any questions the Planning Commission might have. Dan Wildish, 1704 Derringer Lane, indicated he lives across the street from the proposed project. He stated he is very much in favor of the project even though it blocks a portion of his westerly view. He further stated that, in his opinion, the proposed project conforms to many of the homes currently in "The Country Estates". It is a lot that is difficult to build on and Mr. Pierinarini has demonstrated his ability to effectively build on such lots. November commission 27, 1995 Page 6 Planning DRAFT Kenneth Wilch, engineer for the proposed project, stated his f irm has proposed extensive landscaping which, in his . opinion,, will :be very ,ef f ective- in -mitigating the view of the crib wall. He further stated he feels his calculations with respect to average finish grade are correct and he intends to discuss this matter further .with staff. He indicated that the stepping pro cess was utilized in the design of the project. Mr. Wilch responded to Chair/Flamenbaum that the retaining walls could be broken up further by having a series of six walls or four seven foot walls. In addition, there is no engineering obstacle to lowering the height of the structure. Mr. Wilch responded to C/Schad that a three step retaining wall would not enhance the stability. CDD/DeStef ano stated that with respect tothe calculation of. the AFG there was a dispute between the Planning applicant. Department and the Because the staff has. changed with respect to the review of this project, it has not changed the six'and one-half year old policy of how the number is determined. In order to resolve the applicant's concern, staff requested Mike Meyer, Consultant Engineer, and Joe Buzzone, Plan Check Engineer for the Building and Safety Department, to calculate the AFG independently and both of them arrived at calculations similar to the Planning Staff, all creating a proposed structure that was above the allowed height maximum. The bottom line from staff's perspective is that this. house has difficulties and the project is worthy of further. I consideration. It is staff's opinion that the differences can be worked out and eliminate a number of the variances that are now before the Planning Commission. Harold Sandifer, Fire Hollow Drive, stated he looks directly up at the proposed project from his home. He indicated that, in his opinion, it is. very massive in appearance and he is concerned about the stability of the retaining walls, especially with a pool in the rear_ portion. Terry Straley, Fire Hollow Drive, indicated she is Concerned that the 13 foot high retaining walls are too massive and might not be stable. She would prefer to. see stepped retaining walls. Claudia Huff, 1641 Fire Hollow Drive, 's stated she i concerned that the size of the project for the lot is pushing the envelope. This is an 8300 square foot house that appears to be too massive for the lot, especially November 27, 1995 Page 7 Planning Commission with the limitations of the slope grade. She indicated she is also concerned about the height of the structure because it exceeds the City Code. She further stated that, in her opinion, it is not wise for the City to make too many exceptions. She stated she is not singling out this project, this is her opinion on projects citywide. She is also concerned about a ,pool in the crib wall area. Mr. Piermarini presented a rendering of the proposed crib wall landscaping., He stated that theproposed home is similar to most of the homes in existence along the ridge line. Mr. Piermarini responded to Chair/Flamenbaum that the proposed structure is approximately 500 feet above Fire`. Hollow Drive. Mr. Piermarini stated the crib walls must be approved by the City and there is no problem with stability. In addition, a swimming pool is lighter than the dirt that was originally in the location. Chair/Flamenbaum declared the public hearing closed. C/Fong stated he feels the two 13 foot retaining walls are too massive and too high.. He agrees with the concerned resident regarding the visual impact. The proposed project does not comply with the City's Code. He suggested that the applicant redesign the retaining walls to consist of a seriesof retaining walls and slopes to conform to the topography. In addition, the engineer should work with staff to resolve the AFG issue. C/Schad stated he is concernedabout the retaining walls. They are too massive and should be sloped down to provide a more suitable visual appearance. He indicated he is also concerned about the proposed landscaping and the height of the trees thatwouldbe required.to cover the retaining walls which could cause root damage to the structure. Chair/ Flamenbaum -reiterated the retaining wall issue. Two 13 foot walls is unacceptable. He stated he is concerned; about the massive structure. He indicated he is also concerned that the applicant might be proposing a two-family home. CE/Myers responded to Chair/Flamenbaum that the driveway grades are 15 percent and there is a landing at the top of the driveway which accesses the street. Chair/Flamenbaum indicated he would be in favor of reducing the size of the structure by two feet. November 27® '1995 Page a Planning commission DRAF C/Fong stated he feels the proposed landscaping is too extensive and is not compatible with the surrounding natural vegetation. Crib walls should be, curved to c - on -for-m with thenatural slopes s slop - and terrain. C/Schad made a motion, se * cohded by C/Fong to direct staff to consider the comments of the Planning commission and continue Variance No. 95-2 to January 22, 1996. Without objection, the motion was so ordered. VC/Huff returned to the dais. PLANNING COMMISSION ITEMS: Presentation of plaque to outgoing Commissioner Bob Huff. 1. Chair/Flamenbaum presented a plaque to VC/Huff commemorating his service to the Planning Commission and wished him success in his new position as city council Person. VC/Huff thanked the'Commissioners for their support. C/Fong congratulated Mr. Huff and extended his support and good wishes. INFORMATION ITEMS: CDD/DeStefano stated the General Plan that was submitted by the citizens group has qualified for the ballot. The City council will review the issue at the December 5, 1995 meeting. CDD/DeStefano indicated interviews for Senior Planner will be conducted on Monday, December 6, 1995 and the final selection will be made within the next two weeks. CDD/DeStefano responded to C/Fong that he will investigate the sign at the corner of Cold. Springs Lane and Diamond Bar Boulevard for conformance. Chair/ Flamenbaum requested a study for a, road to the high school. CDD/DeStefano responded the City Council is considering a strategic plan which will' have different elements that need to be addressed over the next several years. one of the elements will be the question of a second. access to the high school. ANNOUNCEMENTS None ADJOURNMENT: November 27# 1995 Page 9 Planning Commission There being no further business to conduct, Chairman Flamenbaum declared the meeting adjourned at 8:15 p.m. Respectfully Submitted, James DeStefano Community Development Director Attest: Bruce.Flamenbaum Chairman INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Assistant Planner SUBJECT: Discussion regarding the appointmentof an ex officio youth member to the Planning Commission DATE: January 17, 1996 At the January 16, 1996 City Council meeting, a discussion occurred concerning the appointment of an ex -officio youth member to the Planning, Parks and Recreation, and Traffic and Transportation Commissions from the Pomona and Walnut Valley Unified School Districts. The City Council requested that the Planning Commission become aware and discuss the appointment of an ex -officio youth member to the Commission. The Planning Commission's recommendations will be conveyed to the city Council. RECOMMENDATION: Staf f recommends that the Planning Commission discuss the appoint- ment of an ex -officio youth member to the Planning Commission. INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Assistant Planner SUBJECT: Selection of the Planning Commission's Vice Chairman DATE: January 17,.1996 The Planning Commission's vice chairman, Bob Huff, was elected to City Council. As a result, the vice chairman's seat is vacant. The Planning' Commission will select a vice chairman to fill the vacant seat. RECOMMENDATION: Staff recommends that the Planning Commission consider and elect a vice chairman from its membership. I INTEROFFICE MEMORANDUM TO: Chairman and Planning commissioners FROM: Ann J. Lungu, Assistant Planner SUBJECT: Variance No. 95-2 located at 1729 Derringer Lane DATE: January 17, 1996 The above mentioned project was presented at the November, 2 7, 1995 Planning Commission meeting. At that time, the Commission continued the project's hearing to January 22, 1996. The continuance's purpose was to allow the applicant/ property owner the opportunity to address the Commission's concerns. Attached is a correspondence dated January 17, 1996 requesting a continuance to the February 26, 1996 Planning Commission meeting. The applicant/ property owner desires additional time to prepare the project's plans. RECOMMENDATION: Staff 'recommends that the Planning Commission continue Variance No. 95-2 to February 26, 1996. Attachments: Correspondence date January 17, 1996 /C- 6"�RECEll V fECITY OF '96 JAN 17 A10:15 IZI( l'te Au BACKGROUND: -' The property owner, Rhinehart Management Company. and applicant, L.A. Cellular are requesting approval (pursuant to Code Section 22.56, 170) for an extension of time for an existing temporary unmanned cellular communications facility. This existing facility consists of a 200 square. foot prefabricated telephone equipment shelter and 70 foot high wooden monopole with three omni whip antennas. The monopole's total height, with the antennas, does not exceed 89 feet. The project site is located at 21308 Pathfinder Road ,(Lot 27, Tract 25987). It is within the Commercial Planned Development (CPD) Zone and has a General Plan Land Use designation of Commercial/Office .(CO) . Generally, the following zones and uses surround the subject site: to the north is the S;ingle.Family Residential -Minimum Lot 1 City of Diamond Bar PISA NG CGMMSSI®N Staff Report AGENDA ITEM NUMBER: 7.1 REPORT DATE: January 2, 1996 MEETING DATE: January 22, 1996 CASE/FILE NUMBER: Conditional, Use Permit No. 93-7(2) APPLICATION REQUEST: An extension of time for an existing temporary unmanned cellular communications facility. PROPERTY LOCATION: 21308 Pathfinder Road. Diamond Bar, CA 91765 PROPERTY,OWNER: Rhinehart Management Co. P.O. Box 4428,, Covina, CA,91723 APPLICANT: L.A. Cellular G 17785 Center Court Drive North, Cerritos, CA 90701 BACKGROUND: -' The property owner, Rhinehart Management Company. and applicant, L.A. Cellular are requesting approval (pursuant to Code Section 22.56, 170) for an extension of time for an existing temporary unmanned cellular communications facility. This existing facility consists of a 200 square. foot prefabricated telephone equipment shelter and 70 foot high wooden monopole with three omni whip antennas. The monopole's total height, with the antennas, does not exceed 89 feet. The project site is located at 21308 Pathfinder Road ,(Lot 27, Tract 25987). It is within the Commercial Planned Development (CPD) Zone and has a General Plan Land Use designation of Commercial/Office .(CO) . Generally, the following zones and uses surround the subject site: to the north is the S;ingle.Family Residential -Minimum Lot 1 size 8,000 -square Feet (R-1-8,000) Zone; to the south is the CPD Zone; east is the Single Family Residential -minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone and Diamond Bar High School; and to the west is the Orange (57) Freeway. The project site is approxi- mately 25,000 square feet and developed with a 14,800 square foot, two story office building. ANALYSIS: The existing temporary unmanned telecommunications facility was originally approved (C.U.P. 93-7) by the Planning Commission on December 13, 1993. This approval's purpose was to reinstate service to thecommunityand public agencies until a permanent location was renegotiated with the Walnut Valley Unified School District at Diamond Bar High School. This approval was valid for six months from the installation date (February 10, 1994) and with the possibility of a six month time extension. On November 14, 1994, a six month time extension was granted (C.U.P. 93-7(1)) by the Planning Commission. Additionally, this time extension allowed the Community Development Director to grant an additional 180 days if the applicant did not obtain an approved Conditional Use Permit for this service area within the six months. During this period, L.A. Cellular was negotiating for a location at 3333 Brea Canyon Road, adjacent to the 57 freeway. However, when the commission review this location, it continued the request (C.U.P. 94-7 at the 'Brea Canyon Road) to allow the applicant additional time to find a more appropriate location.. As a result, the Community Development Director granted the applicant the 180 days extension. In the mean time, the applicant renegotiated for the Diamond Bar High School site, which the Commission approved on October 9,,1995. Currently, L.A. Cellular is working with the required agencies, 9 including the Department of State Architect (DSA) for approval of the Diamond Bar High School site. Until all approvals are obtained, the existing temporary cellular communications facility is needed to insure this service area's uninterrupted com- munications. Pursuant to Code, a Conditional Use Permit may be approved with a condition which requires that the . grant be exercised within two year andwith one year of time extensions. A valid Conditional Use Permit that is exercised adheres to the land. For Conditional Use Permit No. 93-7 (1), the Commission has set specific time limitations because this use is appropriate at this location, but inappropriate on'a permanent basis'. As such, the Commission may grant another time extension by amending the.existing Conditional Use Permit. Therefore, the applicant -is requesting an additional six month time extension in order to obtain the appropriate permits from other required agencies and begin construction begin. Staff has reviewed the applicant and previous conditions of approval prescribed by the Planning Commission. No additional uses 4 or expansion to the existing temporary facility is proposed as a part of this application. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project (extension of time) is categorically exempt according to guidelines of the California Environmental Quality Act (CEQA), Section 15301 (b) NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San. Gabriel Valley Tribune on January 10, 1996. Public hearing notices were mailed to approximately 31 property owners within a 500 foot radius of the project site on January 8, 1996. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 93-7 (2), a six month extension of time. Prepared by: Ann J. Lun 6s istant Planner Attachments: 1. Draft Resolution of Approval; - 2. Exhibit "All dated January 22, 1996* 3. Application; 4. L.A. Cellularls'correspondence.dated December 21, 1995; 5. Resolution No. 95-17; 6. Resolution No. 94-25; 7. Resolution No. 93-30 for the Diamond Bar High School site; 8. Photographs of the project site. 3 PLANNING COMMISSION RESOLUTION NO 96 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 9 3 -7 (2) AND CATEGORICAL EXEMPTION - SECTION 15301, (b), AN APPLICATION FOR AN EXTENSION OF TIME FOR AN EXISTING TEMPORARY' UNMANNED CELLULAR COMMUNICATIONS FACILITY LOCATED AT.21308 PATHFINDER ROAD (LOT 27 OF TRACT MAP NO. 25987) A. Recitals 1. 2. 3. The property owner;, Rhinehart Management Company and applicant, L.A. Cellular. have filed an application for Conditional Use Permit No. 93-7(2), an application for an extension of time for an, existing temporary unmanned cellular communications facility located at 21308 Pathfinder Road, Diamond Bar, Los Angeles -County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as the "Application".. On April 18, 1989, the City .of Diamond Bar was established as a duly'.organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City..Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently; -applicable to development applications, including the subject Application, within the City of Diamond Bar. Action was taken on the subject application as to its consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar, on January 22, 1996 conducted a duly noticed public hearing on the Application. 1 I P I 5. Notification of the public hearing for this proje &IS been made in the San Gabriel Valley Tribune and IAZil" Valley Daily Bulletin newspapers on January 10, 199 Thirty-one property owners within,a 300 -foot radius of the project site were notified by mail on January 8, 1996. 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 that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of, 1970, as amended, and guidelines promulgated thereunder, pursuant. to Section 15301, (b) of Article 19 of Division 13 of the California Code of Regulations. 3. The Planning Commission specifically finds and determines that, having considered the record as a., whole, including the finding set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning commission that the project as.proposed'by the Application, and conditioned for approval herein, will have the potential of an adverse effect- on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Planning commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds.as follows: (a) The project relates to a 25,000 square foot site developed with a 14,800 square foot two story office building. . Additionally, the site's development includes an existing temporary unmanned cellular communications facility which consists of a 200 square foot prefabricated telephone equipment shelter and a 70 foot high wooden monopole with three omni whip antennas. The total height of the monopole, with the antennas, does not exceed 89 feet. The project site is located at 21308 2 Pathfinder Road, City of Diamond Bar, Calif or The project site is within the Commercial Plann Development (CPD) Zone. It has a General Plan Land Use designation of Commercial/Office (CO). (b) Generally, the following zones and uses surround the subject site: to the north is the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R- 1-8,000) Zone; to the south is the CPD Zone; and to the east is the Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone and Diamond Bar High School; and to the west is the Orange (57) Freeway. (c) The project is a request for an extension of time not to exceed a period of six (6) months, with out additional uses or expansion of the existing temporary unmanned telecommunications facility. (d) The nature, condition, and size of the site has been considered. The project site is adequate in size to accommodate.the use. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the General Plan. (f) The project, where located, will not: (1) Adversely affect the health,. peace, comfort or welfare of persons residing or working in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or (3) _Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. (g) The project site is adequate in size and shape to accommodate this project. (h) The project site is adequately served by Pathfinder Road and Brea Canyon Road. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 3 (a) The project shall substantially conform toe PS plan, floor plan, and elevations collecti VIM labeled as Exhibit "All dated January 22, 1996 �*- submitted to and approved by the Plannin:5A6 Commission. _(b), The subject site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by 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 t ' o insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) All conditions of approval for Conditional Use Permit No. 93-7 and Conditional Use Permit No. 93- 7(1), unless amended as part of this action, shall remain in full force and effect. (d) The applicant shall comply with Planning and Zoning and Building and Safety Divisions', and Engineering Department's requirements. (e) This Extension of Time is -valid for a period, not to exceed six (6) months, from the date of approval of this grant. (f) This grant shall not be effective for -any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community Development Department, 'their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining city processing fees. (g) Notwithstanding any previous subsection of this Resolution, if the Department , of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the applicant prior to the issuance of any building permit or any other,entitlement. 4 The Planning Commission shall: an (a) Certify to,the adoption of this Resolution; yw�� (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Rhinehart Management Co., P.O. Box 4428, Covina, CA 91723, and L.A. Cellular, 17785 Center Court Drive North, Cerritos, CA 90701 APPROVED AND ADOPTED THIS THE 22ND DAY OF JANUARY, 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MM Bruce Flamenbaum, Chairman I, James DeStef ano, Planning Commission Secretary do hereby certify. that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting by the Planning commission of the City of Diamond Bar, held on the 22nd day of January 1996: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary 5 COMMUNITY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 CONDITIONAL USE PERMIT APPLICATION Site 45T Record Owner Applicant Name Rhinehart Mgmnt. Co. L.A. Cellular (Last name first) (Last name first) FPL #�(P1 Deposit $ a, 006 Receipt# ngGZ- By Date Recd Applicant's Agent J.L.Hare Associates (L.act name first) Addres,POBox 4428 17785 Center Court Dr.N 17581 Irvine Blvd, #200 Ci ty Covina Cerritos rNisti n p 91723 90701 92680 Phone( ) PhonR l p 924-0000 Phone(714 669-9194 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) ConsenLr I certify that I am the owner of the herein described property and permit the applicant to file this request. Signed Date (All record owners) Ce4 fcatzon: I, the undersigned, hereby certify underpenalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Da Hare (A plicant o A en Signed Date (Applicant�r Agent) Location 21308 Pathfinder Road + (Street address or tract and lot number) � .._ Zoning CPD* HNM /051.1 <3 3 3 s : CUP 93-7--0) Pr Cases �ED_;. Present Use of site 14,800 s.f. office building on a 25,000 s.f. lot `- f 4 f th t' rad'o telecommunications Use applied for Extension o time or e exis ing 1 facility at the site. ....._..__ Project Size (gross acres) Domestic Water Source 2 5, 0 0 0 s f project density 5 9 n/a Company/District n/a CONDITIONAL USE PERMIT BURDEN OF PROOF In addition to the information required in the application, the. applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed. will not: 1. Adversely affect the health, peace, comfbrt or welfare of.persons residing or working in the surrounding area, or 2. Be materially detrimental to 'the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. This facility has not had nor will it have any adverse affects to the general health, safety, welfare, peace or comfort. Nor will it cause a.:kdevaluation to the property or surrounding properties. This facility does/will not cause any endangerment to the public health, safety and or general welfare. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.. This project is not excessive in size and does/will blend in well -with the surrounding developments. No other developmer criteria, other than what has applied previously, should prohibit the project from this proposed approval. C. That the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. This project will not generate any quantitity of traffic. The inprovemenUs -E5 the site nave been comp ietect, there c aacitlona i cons ti h traffic wi nog. occur. LEGAL DESCRIPTION (all ownership comprising the proposed to s)/P1(s) f See attached Area devoted to structures n/a Landscaping/Open space n/a Residential Project: n/a and (gross area) (No. of lots) Proposed densityn/a (Units/Acres) Parking Required Provided Standard n/a Compact n/a Handicapped n/a n/a Total LEGAL DESCRIPTION: THOSE PORTIONS OF SECTION 20 AND 21., . TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN,, IN THE UNICORPORATED TERRITORY OF THE - • COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEYS, FILED IN BOOK 76 PAGES 51 TO 56 INCLUS14, OF RECORDS Of SURVEYS, IN. THE OFFICE .OF THE COUNTY RECORDER OF,. SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT . THE NORTH EAST CORNER OF LOT 27 IN' TRACT NO. 25987, AS. PER . MAP RECORDED IN BOOK 694, PAGES 24 TO 28 OF NAPS, RECORDS OF SAID COUNTY, SAID CORNER BEING -ON THE WEST LINE OF EVERGREEN ESPREIN QRTHERLY DRIVE. A 60 FOOT WIDE STREET AS SHOWN ON SAID MAP, ALONG SAID WEST LINE, ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 230.00 FEET THROUGH A CENTRAL. AN 'OF 29"342T A DISTANCE OF 118.72 FEET; THENCE LEAVING SAID WEST LINE, RADIAL TO SAID CURVE, N 73-16'17" W. 30.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTH EASTERLY AND HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 93'57'29`; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE A DISTANCE OF 8.20 FEET, THENCE S. 12'46'14" W., 82.06 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 64'23'02" —THENCE SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 44.95 FEET; THENCE S. 7TO9'16" W., 81.46 FEET; THENCE S. 12'36130" E., 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S. 77*23'30" W., 15.00 FEET; THENCE S. 12'36'30" E., 50.00 FEET; THENCE N. 7723130" E., 15.00 FEET; , THENCE N. 1736'30" W., 12.00 FEET; THENCE N. 7723'30" E., 21.00 FEET; THENCE N. 12*36'30" W., 18.00 FEET—, THENCE S. 77'2330" W., 21.00 FEET; THENCE N. 12'36130" W. 20.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINS: 1128.0 S.F. (0,026 Ac.) December 21, 1995 Mr. James DeStefano, Community Development Director City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Re: Cellular Telecommunications Facility Cell Site 45T at 21308 Pathfinder Road Dear Mr. DeStefano: L.A. Cellular Telephone Company hereby respectfully submits for your evaluation, the following request for an extension to the Conditional Use Permit for the above -referenced project. This . extension will allow us to maintain coverage until Site 45 located at 21400 Pathfinder (Diamond Bar High School) is operating. L.A Cellular is a public utility, licensed and regulated by the Public Utilities Commission (PUC). and the Federal Communications Commission (FCC) and is one of two authorized cellular communication service providers in Southern California. Both the PUC and the FCC have determined that cellular communication is.a vital element of the communications network for both emergency services and public convenience. They have mandated that we provide adequate coverage in each one of the geographic areas we serve, which is a continuing process based on our constantly increasing subscriber base. _Previously, the area in and around the temporary.facility location referenced above was identified as an area where coverage is marginal. Maintaining this facility is required in order to insure uninterrupted communication, and it is our intent to continue to provide the necessary infrastructure to satisfy this condition. We are currently working with the required agencies, including the Department of State Architect (DSA), for the approval of Site 45 (Diamond Bar High School). P.O. Box 6028, Cerritos, California 90702-6028 (310)1924-0000 Currently, a temporary radio telecommunications facility exists at the site that is located south of Pathfinder Road, and east of the 57 freeway off ramp. The existing facility consists of a 10' x 20' x 9'6" high, 200 s.f. prefabricated telephone equipment shelter located adjacent to a two story office building. The telephone equipment shelter will house radio transmitters, receivers, and other electrical equipment. The shelter will also contain two, one ton HVAC units to provide emergency back-up power for the facility. There is a 70' wooden monopole, with three omni antennas, located adjacent to the shelter. The top of the antennae does not exceed 89'. This type of facility is unmanned and requires no sewer, water, or parking infrastructure to support its use. Maintenance is conducted once a month, therefore the existing parking has not been disrupted in order to facilitate the maintenance personnel. The passive level of activity that this type of use- generates blends in well with its' surrounding counterparts. This facility does not interfere with television or other radio reception nor will it create any noise. Cellular technology has proven itself to be a vital element in today's communication network, and currently services all sectors of the community including emergency services. Since it is the intent of the City of Diamond Bar to create and provide for a well balanced community, we feel this project is fully justifiable and in the best interests of the current and future population of this community. We appreciate your attention in this matter and respectfully request that the existing unmanned radio telecommunications facility that consists of an equipment shelter and monopole be allowed to remain active for- an extended period of time. If you need any additional information, please feel free to contact me at (714) 267-3104. Respectfully, r Leslie Daigle cc: File Dan Hare, Los Angeles Cellular Jackie Hare, J.L. Hare Associates PC RESOLUTION NO. 95-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR' APPROVING CONDITIONAL USE PERMIT NO. 94-7 AND NEGATIVE DECLARATION NO. 94-91 A REQUEST TO LOCATE AN UNMANNED PUBLIC UTILITY SUBSTATION FOR A CELLULAR COMMUNICATION FACILITY, A 110 FT. MGH IvIONOPOLE, AND EMERGENCY GENERATOR AND TRANSMITTING EQUIPMENT INSTALLED WITHIN AN ENCLOSURE AND LOCATED AT 21400 PATHFINDER ROAD AND M&MG FINDINGS IN SUPPORT THEREOF.. A. RECITALS. Dan Hare, acting as the agent for L.A. Cellular, P.O. Box 6028, Cerritos, CA C, .90702 has filed an application for a Conditional Use Permit as listed in the title of this Resolution, for property located at 21400 Pathfinder Road, Diamond Bar, California. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "the Application". On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Coun&U of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles. County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Us 'Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) Action was taken on the subject application as to the consistency with the General Plan and has been determined to be in conformance with the document. (iv) On January 9, 1995 the Planning Commission of the Ci of Diamond Bar City conducted a duly noticed public hearing on the application and continued the public hearing to October 9, 1995 and concluded said public 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 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds and determines that a Negative Declaration has been prepared and -presented for the project review and approval by this Commission in compliance with the California Environmental Quality Act of 1970,,, as - amended, and the -Guidelines promulgated thereunder, pursuant 'to Article 6 of Division 13 of Title 14 of the California Code of Regulations. 3. Planning The planninCommission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an. adverse effect on wild life resources or the habitat upon which the wildlife depends. Based -upon substantial evidence, the Planning Commission hereby rebuts the presumption of adverse effects, contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on substantial evidence presented to this Commission during the public hearing, and by written and oral testimony provided at the a hearing, this Commission hereby specifically finds as follows: (a) The applicant's request is for the installation of a cellular communication facility and the location of a 110 ft. high monopole with antennas; (b) The property is located in Zone RA -7,500 and allows this use by Conditional Use Permit. The site is approximately 21 acres in size and is developed with an existing high school facility and appurtenant uses; (c) The subject property is located at 21400 Pathfinder in the City of Diamond Bar and is currently developed with a high school I and appurtenant uses. To the north, south and east there is single family residential development and to the west there is a commercial/office development. (d) The subject site is designated in the General Plan as School (S); The current zoning of the site is not in compliance with the land use designation; 91 s (e) Notification of the public hearing for this project has been made; (f) The design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines and architectural criteria of the appropriate district; (g) The design and layout of the,proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards; (h) The architectural design of the proposed repeater station -is compatible with the character of the surrounding current and proposed development and will maintain the harmonious, orderly, and attractive development contemplated by the code and the General Plan of the City; (i) That the requested use at the location will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing in the surrounding area, or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the _ . vicinity of the site, or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare; and (j) That the proposed site is adequate in size and shape to accommodate the yards, walls, parking facilities, landscaping and other development features prescribed in this approval; and (k) That the proposed site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and. quantity of traffic such use would generate, and (2) By other public or private service facilities as are required. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application subject to the following restrictions as to use: (1) The repeater station is approved .as shown. The monopole shall be design and constructed with the capability of use by dual service providers. Three copies of the revised plot plan marked 3 Exhibit. "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with the approved plans. (2) That the applicant must, comply with all State, Zone R-1-7,500, Engineering Department and Building and Safety Department requirements: (3) This grant is valid for two years and must be exercised (i.e. construction started). within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (4) This permit shall not be effective for any purpose until a duly authorized representative of the applicant and/or owner of the property involved has filed, at the office of Diamond Bar . Community Development Department, the Affidavit of Acceptance stating that the applicant/property owner is aware of and accepts all the conditions of this permit; (5) That all requirements of the Zoning Ordinance and of the un- derlying zoning of the subject property must be complied with, unless set forth in the permit and shown on the approved plans; (6) Appropriate fire suppression equipment shall be installed as a part of the components of the repeater station located within the interior of the storage unit.. (7) Signage is prohibited from placement on the monopole as a part of this approval. (8) No exterior appendages may extend from the monopole that may be used as an aid to gain access to the upper portion of the monopole, at a height of.less than 12 ft. above grade. (9) In the event that this facility causes interference or disturbance with radio or television reception. of the residents, within 500 feet of the facility, the applicant will repair the facility within 21 days of notification or cease it's operation. Building Department Requirements (10) All structural components of the project must be designed to 80 mph wind factor and exposure -C. (11) Non -operation or abandonment of the site for a period of *180 days will commence the immediate removal of this facility and the replacement of the monopole with a lialit standard to the satisfaction of the Community Development Director. (12) A landscape and irrigation plan shall submitted to the Community Development Department within 60 days of this grant. The plan shall expand the landscaping on the slope overlooking the Z> residential development and Brea Canyon Road. Installation shall occur prior to the final inspection conducted by the Building Department. (13)' All utilities required for the project shall be placed underground. 6. The Planning Commission Secretary is hereby directed to: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Dan Hare and L.A. Cellular at the addresses on file with the City. ADOPTED AND APPROVED this 9th day of October, 1995 Chairman 1, Jameg DeStefano, Planning Commission Secretary, do' hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th da of October, 1995, by the following vote: AYES: TOES: ABSENT:' ABSTAIN: C:'I--- -1FFM\RES0LTN\CUP94-7.RES ATIEST: COMMISSIONERS: Meyer, Schad, Huff, Fong, and Flamenbaurn COMMISSIONERS: . COMMISSIONERS: COMMISSIONERS: W PC RESOLUTION NO. 94-25 - A RESOLUTION OF THE PLAN NENIG COMMISSION OF THE CITY OF DUUMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-7(1) AND CATEGORICAL EXLNTTION (SECTION 15303, CLASS 3), AN APPLICATION TO CO2N7LN-0JE OPERATION FOR A PERIOD NOT TO EXCEED SEK (6) MONITHS FRO',v1 THE .DATE OF APPROVAL, OF A MNIPORARY UTILITY FRANCHISE FOR AN - M, L�,N-NED CELLULAR CON--BRFACILITY, CONSISTrtiG OF A 215 SQUARE FOOT STRUCTURE HOUSE�'G EQUIPMENT ANT A 75 FOOT WOOD MON,ropOLE, LOCATED AT 21308 PATHFINDER ROAD, AND NWONG FEN�DINGS IN SUPPORT TB:ERE.OF. A. Recital 0 cdng as the property owner's agent, L.A. Cellular, (i) The applicant, ' a 0 . Box 6028, Cerritos, CA 90702 and the property owner -Rinehart 1~fanagement Company, 0 P.O. Box 4428, Covina, CA 91723 have heretofore filed an application as described above in the title of this Resolution. Hereinafter in this Resolution, the project, locate—at address indicated in the title of this Resolution, shall be referred to as "the application. (ii) On April 18, 1989, the City of Diamond Bar was establisli-edim a duly organized municipal. corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21. and 22, the City Council of the City of Diamond Bar adopted its Ordinance No: 14, .thereby adopting the. Los Anaeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. (iii) The City of Dia. miond Bar lacks an operative General Plan. Accordingly, action was taken on the su'C)ie--t application, as to consistency to Che future acoDted General I Plan, pursuant to the terms and provisions of an. Office of Planning and Resz=- ch Extension granted pursuant to California Government Code Sections 65360 and 65361(a-). (iv) On November 14, 1994, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and conclude the public hearing on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred I B. Resolution. NOW, 'TBEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This.Planning Commission hereby specifically finds that all of facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15303, Title 14, Article 19 of the California Code of Regulations; 3. The Planning Commission hereby spetiifically finds and determines that, having considered the record as a whole including the findhip set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the.habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the substantial evidence presented to this Commission during the above - referenced public hearing on November 14, 1994, .and concluded on that date, including written and oral staff reports, together with public testimony, and in con- formance with the terms and provisions of California Government, Code Sections 65360 and 65361(a), this Commission hereby specifically finds as follows: (a) The applicant's request is for approval to continue operation for a period not to exceed six months of a temporary unmanned cellular communication facility consisting of a 215 square foot structure housing equipment and a 75 foot wood monopole. The repeater station restored on a temporary basis, communication services to the area because of the interruption of service formally provided by a facility located at Diamond Bar High School. (b) The application applies to a site located at 21308 Pathfinder Road, Diamond Bar. The project site is approximately 25,000 square feet and developed with a 14,800 square foot two-story office building. The Fq project. site is within the Commercial Planned Development (CPD) Zone and has a draft General Plan land use designation of Commercial/Office (C$'O). (c) Generally, the following uses and zones surround the site: to the north is the Single Family Residential -minimum lot size 8,000 square feet (R- 1-8,000) Zone; to the south and east is Single Family Residential - minimum lot lot size 7,500 square feet (R-1-7)500) Zone; and to the west is the Orange (SR 57) Freeway. (d) The nature, condition, and size.of tl�esite has been considered. The site is adecuate in size to accommodate the proposed Proj--,. (e) Tile City is operating without a General Plan. Therefore, thee L Commission has reviewed the proposed project as a shortL term utility ty franclu'se ki conformance with the California Public Utility Code Section No. 626-4. The proposed project will not adveisely affect the health, p�-_ace, comfort or welfare of persons residing or working Ln the surrounding area or be materially detrimental to the use, enJOYMeL or valuation of property of other persons located in the vicinity of the site or . jeopardize, endanger or otherwise constitute a rnenkz to public health, safety, or general welfare. The proposed site is adequately served by Pathfinder Road and Brea car,von Boulevard. (h) Th. Planning Commission originally or originally granted approval Conditional Use PeTmiz'on December 13, 1994: (i) The approval of this project -is conformance with the draft General Plan and will not be in con-i-lict, with draft General Plan. 5. Based up . on substza;ndal eNidenct and conclusions set forth hereinabove'.. tris Plannin0c, Commission hereby approves this PpDlication subj---t to the following conditions: (a) Tnis grant is valid for six (6) months from date of this a -.-royal. An extension of C this c1rint may be granf,-4 not to exceed 1K days by the Communir,v Development Director provided that the applicant does not have an a9proved CUP rpior to that date. (b) No-,,,;iths'La;nding any previous Subsec-tion of this Resoll'u'don, if the Deppantment of Fish and Game requires payment of a f,— pursuant to I 3 Section 711.4 of the Fish and, Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or (r any other entitlement. (c) All conditions of approval for Conditional Use Permit NO. 93-7, unless amended as a part of this action shall remain in full force and effect. (d) Trus grant shall not.be effective for any purpose until C' -,e permittee and owner of the property involved (if other than the permirtee) have filed fif:1.n (15) days of approval of this grant, at the Ciiv of Diamond Bar Connunity Development Department, tl`:e r affidavit sta nzg teat they are aware of and ag-rw to accept all the conditions of LMs arant. Further, this grant shall not be effective until En.- permittee pay s remaining Planning Division processing fees. The Planning. Commission Sec,ree`a r y shall: (a) Certify to the adoption of this Resolution; . and ('o) Forthwith transmit a certified copy of this Resolu=�oa, by czra ed nail, return receipt retiuest, to: Linda Paul, L.A. Cellular, P.O. Bo-, E028, Ce:r itos, CA 90 702 and Testi- Rinehart, Rineha - lti_`• a m-ement Company, P.O. Box 4428, Covina, CA 91723. APPROVED AND ADOPTED TIES 14th DAY OF NOVEMBER BY TF- PL : _N. -KING CO2-\1ISSION OF TME- CITY OF D1A-N1OND BAR. IN 4 O'Commission Secretary, do hereby certify that the foregoing James DeStefano, Planning Resolution was duly introduced, passed, and adopted by the Planning Comm ssion of the City of Diamond Bar, at a regular meeting of the Planning Commission held on Cne 1 "-til day of November, 1994, by the following vote: vember, AYES: CON.LN-jISSIONTERS: Flam'enbaum, Fong, Schad, Huff. and 'Meyers NOES: CO'.\L\fjSSION1ERS: ABSEN;T: CON1.24ISSIGINTERS: ABSTAIN: CO--\.I�LjSSIO'LTERS: ATTEST: 7=111-s DeStefiano, SwE,Ctary C:\L=l =RS\RES0LTN\CU?9"-,-7A-?E3 PC RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PE ' RMIT N0-.93-7 AMENDING CONDITIONAL USE PERMIT NO. 921 (1)- AND'CATEGORICAL EXEMPTION (SECTION 15303, CLASS 3)' AN APPLICATION TO INSTALL A TEMPORARY UTILITY FRANCHISE FOR AN UNMANNED CELLULAR COMMUNICATION FACILITY, NOT TO EXCEED A PERIOD OF SIX (6) MONTH FROM THE DATE OF INSTALLATION, CONSISTING* OF A .215 SQUARE FOOT STRUCTURE HOUSING EQUIPMENT. AND A 75 FOOT WOOD MONOPOLE LOCATED AT 21308 PATHFINDER ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) The applicant, acting as the. property owner's agent, L.A. Cellular, Box 6028, Cerritos, CA 90702 and the property owner Rhinehart Management Company, P.O. Box :4428, Covina, CA, 91723 have heretofore filed an application as described above in the title of this Resolution:,' Hereinafter in this Resolution, the project, located at address indicated in the title of this Resolution, shall be referred to as "the application". (ii) on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the. City Council of the City of Diamond Bar adopted its ordinance No. 14, thereby adopting the Los Angeles County'Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles, County.Code contains the Development Code of 'the County of Los Angeles now currently applicable to development . applications, in- cluding the subject application, within the City of.Dian . ond Bar. (iii) The city of Diamond Bar lacks on operative General Plan. Pursuant to the order issued by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the contempleted General Plan, pursuant to the terms and provisions of ordinance No. 4 (1992) of the City of Diamond Bar. (iv) , On December 13, 1993, the Planning commission of the City of Diamond Bar conducted a duly.noticed public hearing on the application. (v) All -legal prerequisites to the adoption of this Resolution have occurred. N 214A,111 B. Resolution.. .NOW, THEREFORE, it is found, determined and resolved by the Planning. commission. of the City of Diamond Bar as follows: 1. This Planning commission hereby specifically finds that all of facts set forth in the Recitals, Part A, of this Resolution are true and correct;. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1910, as amended, and guidelines promulgated .thereunder, pursuant to Section 15303, Title 14, Article 19 of the California Code of Regulations; 3. The Planning commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned. upon the proposed project set forth'in the application, there is no evidence before this Planning Commission -that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence,. this Planning commission hereby rebuts the presumption of adverse effects contained in Section 753..5(d) of Title 14 of the California Code of Regulations. 4. Based on the substantial evidence presented'to the Planning Commission during the above -referenced public hearing conducted on December 13, 1993, including written and oral staff reports, together with public testimony, and in con- formance with the terms and provisions of ordinance No. 4 (1992) of the City of Diamond Bar, the Planning Commission hereby specifically finds as follows: (a) The applicant's request is for approval of a temporary.unmanned cellular communication facility consisting of a 215 square foot structure housing equipment and a 75 foot wood monopole. The repeater station will restore communication services, not to exceed a period of six (6) months from the date of installation, to the area because of the interruption of service formally provided by a facility located at Diamond Bar High School. (b) The application applies to a site located at 2.1308 2 Pathfinder Road, Diamond Bar. The -project site is approximately 25,000 square feet and. developed with *a 14,800 square foot two-story office building. The project -site- is within the commercial Planned Development (CPD) Zone and has a General Plan land use designation of Commercial/Office (C/o),. (c) Generally, the following uses and zones surround the site: to the north is the Single Family Residential -minimum lot size 8,000 square feet (R- I -s 000) Zone; to the south and east is Single Family Residential -minimum lot size 7,.500 square feet (R-1-7,500) . Zone; -and, to the, west. is the orange (SR 57) Freeway. (d) The nature, condition, and size of the - site has been considered. The site is adequate in size to accommodate the proposed project. (e) The -City is operating without a General Plan. Therefore, the Commission has reviewed the proposed project as -a short term utility franchise in conformance with the California Public*Utility" Code Section No. 6264. (f) The proposed project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area or be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site or jeopardize, endanger or otherwise constitute a menace to public health,_ safety, or general welfare. (g) The proposed site is adequately served by Pathfinder Road and Brea Canyon Boulevard. 5. Based upon substantial evidence and, conclusions set forth hereinabove, this Planning Commission hereby approves this application subject to the following conditions: (a) The 75 foot wood monopole excluding the microwave dish and repeater station is, approved as shown in Exhibit "All dated December 13, 1993. Three copies ..of the revised plot plan marked Exhibit "All and conforming to such of the following conditions as can- be shown on a plan shall be submitted for approval of the. Community Development Director. The property shall thereafter be developed and maintained. in, substantial conformance with the approved plans. The exterior material of the 3 C' : enclosure shall be in substantial conformance with the exterior'of the adjacent office building. The applicant shall submit.. a materials board to the City prior to issuance of -a building permit. (b) The applicant shall comply with all State, Planing and Zoning Division, Building and Safety Division, and Public Works Department requirements. (c) This grant is valid for six (6) month's from date of installation and must be exercised (i.e. construction started) within 60 days of approval of this grant. An extension of this grant may be requested in writing and , submitted to the Community Development Director 30 days prior to the expiration date of this grant. An extension of time may be granted not �to exceed six, (6) months. (d) Appropriate fire suppression equipment shall be installed as a part of the components of the repeater station located within the interior of the communication facility. (e) The monopole is prohibited from displaying of signs or advertising. (f) No exterior appendages shall extend from the monopole that may be used as an aid to gain access to the upper portion of 'the monopole, at a height of less than 12 feet above grade. (g) In the event that is facility causes interference or disturbance with. audio or television reception of the residents within 500feet of the facility, the applicant shall repair the facility within five (5) working days of notification or cease operation until the problem is rectified to the satisfaction of the community Development Director. (h) The applicant shall slurry seal and restripe the parking lot area of the project site- according to the requirements of the Planning Division and th6 Engineering Department. Said improvements shall be completed prior to the issuance of building permits or final inspection. (i) Notwithstanding any previous Subsection of this Re'solution, if the Department of Fish and Game requires payment of a fee- pursuant to Section 711..4 of the Fish and Game Code, payment thereof 4 shall be made by the applicant prior to the issuance of any building permit or any other entitlement. (j.) Th . e subject site s I hall I be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements granted herein. The removal of all trash, debris, and' refuse, whether. during or subsequent I to. construction, shall be done only by the property owner, applicant -or by a duly permitted waste contractor who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits f rom ' the City of Diamond Bar to provide such services. (k) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have f iled within fifteen (15) days of approval of this grant, 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 grant. Further, this grant shall not be effective until the permittee pays remaining Planning Division processing fees. (1) Applicant. shall post a cash bond in an amount approved by the City to insure the removal of the monopole and all equipment within five (5) working days of the expiration of this grant. The Planning Commission Secretary shall; (a) Certify to the adoption of this Resolution.; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receip- t request, to: Linda Paul, L.A. Cellular, P.O. Box 6028, Cerritos, CA 90702 and Terry Rinehart, Rinehart Management Company, P.O. -Box 4428, Covina, CA 91723. 211 APPROVED AND. ADOPTED THIS 13th DAY OF DECEMBER BY THE PLANNING - COMMISSION 0 TH CITY OF DIAMOND BAR. I, James DeStefano, Planning commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning commission , of the City of Diamond Bar, at a regular meeting o ' f the Planning Commission held. on the 13th day of December, 1993,.by the following vote: AYES: COMMISSIONERS: 'Meyer, Plunk, Grothe, Flamenbaum NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Li ABSTAIN: COMMISSIONERS: ATTEST: J, 41' auil6s DeSte'fano Secretary a, V0 VVa ONowVia 2i`d'IIITI�� a� t t A ' toyQs— � E �6uvd �I) G ;t.••••••••••A•� ��� �•WO.O.O.O•�•�•O`�OA►< �� J1�•q❖4••t.•� • � e���L� c?3 ,�i K3 t t A ' E �I) ;t.••••••••••A•� ��� �•WO.O.O.O•�•�•O`�OA►< �� J1�•q❖4••t.•� t File rev* w by .ening ;®«.a _ on and is ready for` File revi we b on D r v t and is ready for destruction by City Clerk