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12/9/1996
7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner AEke Goldenberg .Toe Ruzicka Franklin Fong .Toe McManus Don Schad 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. 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, December 9, 1996 Next Resolution No. 96-23 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Mike . Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (ComWetion of this form is voluntarv). 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 25, 1996 4. OLD BUSINESS: None 5. NEW BUSINESS: 6. PUBLIC HEARING: 6.1 Conditional Use Pecnit No. 96-12 and Development Review No. 96-11 is a request (pursuant to Code. Section 22.20.100) for an unmanned, wireless telecommunications transmission facility to be mounted on the roof of the existing theater building at Diamond Bar High School. 1 Project Address: 21400 E. Pathfinder Road (south side, east of the 57 Freeway). Applicant: Cox California PCS, Inc. 2381 Morse Avenue, Irvine, CA 92714 Property Owner: Walnut Valley Unified School District, 880 S. Lemon Ave. Walnut, CA 91789 Environmental Determination: Pursuant to - the _ provisions of ._ the. California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt pursuant to Section 15301(e) RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-12 and Development Review No. 96-11, Findings of Fact and conditions of approval as listed within the attached resolution. 7. PLANNING COMMISSION ITEMS: Discussion regarding December 23, 1996 regularly scheduled Planning Commission Meeting. 8. INFORMATIONAL ITEMS: 8.1 Development Code Update 8.2 Memo to Public Works Department relaying Planning Commissioners' concern regarding traffic/median break at Grand and Diamond Bar Blvd. related to Boston Market. 9. SCHEDULE OF FUTURE EVENTS: CHRISTMAS HOLIDAY - City offices will be closed December 24 & 25, 1996 NEW YEAR'S DAY - Wednesday, January 1, 1997 - City offices will be closed CITY COUNCIL - December 17, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive TRAFFIC & TRANSPORTATION COMMISSION - January 9, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. (December meeting was cancelled) PARKS & RECREATION COMMISSION - December 19, 1996 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. 10. ADJOURNMENT: Monday, December 23, 1996 O MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 25, 1996 CALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:10 p.m., at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/McManus. ROLL CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, and Commissioners, Fong, McManus andSchad Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson*, and Assistant Planner Ann Lungu. . MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of October 28,,1996. VC/Ruzicka made a motion, seconded by C/Schad, to approve the minutes of October 28, 1996 as presented. The motion was carried 5-0. OLD BUSINESS - None NEW BUSINESS: 1. General Plan Conformity Report No. GPC 96-2 finding that the sale and disposal of approximately 6.5 acres of surplus real property located on the west side of Brea Canyon Road is in conformance with the General Plan. CDD/DeStefano presented the staff report. Staff recommends that the Planning Commission adopt a resolution finding the sale and disposal of the referenced property in conformance with the General Plan in accordance with Government Code Section 65402. VC/Ruzicka moved, C/McManus seconded, to adopt a resolution finding the sale and disposal of the referenced property in Conformance with -the General Plan in accordance with Government Code Section 65402. C/ Schad asked about the sale price of the property and whether the proceeds are specifically earmarked for parks and recreation. NOVEMBER 25, 1996 Page 2 PLANNING COMMISSION CDD/DeStefano stated the City of Diamond Bar has accepted Mr. Arciero's offer to purchase the 6.5 acre site for the offer amount of 1.3 million dollars. The City Council authorized the sale of the property and specifically earmarked.that all. net sale proceeds.be placed in a "Parks and Facilities Fund" separate from the City's General Fund. C/Fong asked if the City, views the final sales price as a fair market value. CDD/DeStefano stated the offer is consistent with the property appraisal which was completed several months ago. The city originally paid $438,000. The City has agreed to Mr. Arciero's offer. to purchase 6.5 acres for 1.3 million dollars. The sales price is approximately 20 percent higher than the apprais.ed value of $930,000. The motion was.carried 5-0. PUBLIC*HEARING: 1. Development Review No. 96-13 is a request (pursuant to Code Section 22.72.020.A.4.) to convert a retail use. to a 2,950 square foot restaurant with patio dining -identified , as the Boston Market. The project involves interior remodeling/ expansion to the adjacent unit, new doors, windows, awnings, and removal of a 400 square foot landscaped area to accommodate patio dining. Property Address: 1136 Diamond Bar Boulevard, Diamond Bar, CA 91765 Owner: Nikko Capital Corporation, 3961 MacArthur Boulevard #105, Newport Beach, CA 92660 ,Applicant: Boston West, L.L.C., P.O. Box 61083, Anaheim, CA 92803-6183 AstP/Lungu read the staff report into . the record. She indicated that the resolution will be changed to reflect that the business hours are from 10:00 a.m. to 11:00 p.m. Staff recommends that the Planning Commission approve Development Review No. 96-13, Findings of Fact and conditions as listed within the attached resolution. AstP/Lungu explained to C/McManus that including the proposed Boston Market, 431 shopping center parking spaces are required. The patio area will not displace any parking spaces. There is no plan to place wrought iron fencing between the parking area and the outdoor dining area. NOVEMBER 25, 1996 Page 3 PLANNING COMMISSION C/McManus stated his concerns regarding ingress/egress traffic problems with the east and west driveways bordering the site. He indicated he is particularly concerned with vehicles exiting the center and turning left, and with traffic crossing Diamond Bar Boulevard into the adjacent commercial center. He asked if the Traffic and Transportation Commission has been requested to look into this matter.' AstP/Lungu responded to C/McManus that Deputy Director of Public Works David Liu and the Assistant City Engineer have reviewed the site. At this time, there are no proposed Capital Improvement Programs directed toward improving vehicular traffic at the site. If the City receives enough inquiries, the Traffic and Transportation Commission will be reviewing the matter. C/McManus stated that there have been a number of accidents in the area and he would like to have the City investigate the matter. He suggested a "No Left Turn" sigh be installed at the Diamond Bar Boulevard exit. AstP/Lungu explained to Chair/ Goldenberg that the applicant will locate an additional trash enclosure on site. The applicant will provide location and design plans for the City to reziiew and approve. Daily trash pickup is scheduled. Responding to C/Schad, AstP/Lungu stated there is daily trash pickup. She indicated she will advise C/Schad of the pickup time. C/Schad reiterated C/McManus's request for Traffic and Transportation Commission's review of vehicle movement in and. out of the shopping center. chair/Goldenberg opened the Public Hearing. Lee Olson, Aegis Consulting, 701 Lime Street, Brea California, representing Boston Market, stated he read the staff report and concurs with the conditions of approval. , He asked for clarification "roof coverings" as stated in Condition No. 3. He presented. a plan sketch indicating the trash receptacle location behind the building and away from the outdoor dining. Mr. Olson responded to C/McManus that the trash receptacle will be fully enclosed and locked. VC/Ruzicka asked if the outdoor trash storage area presents an insect and rodent problem. Mr. Olson responded to VC/Ruzicka that the applicant and property owner are very aware that the trash area needs to be kept clean. He explained that hose bibs are included within the enclosed area which is cleaned daily. Daily trash pickup NOVEMBER 25, 1996 Page 4 PLANNING COMMISSION mitigates the fly problem. The trash is maintained in 'sealed plastic bags. VC/Ruzicka asked if the employees might have a problem traversing the roadway to get trash from the restaurant to the trash facility. Mr. Olson responded to VC/Ruzicka that .the aisle offers access to the trash enclosure within the parking area and there should not be a problem removing trash from the building to the storage facility. C/Schad asked if a trash pickup vehicle would clog the ingress/egress. Mr. Olson responded to C/Schad that although the trash pickup truck may slow the traffic flow, the applicant believes that the proposed site is the best location for the trash enclosure. Mr. Olson responded to C/Fong that the trash enclosure replaces one parking space. The trash consists primarily of single use paper or plastic products and is not difficult to transport from the restaurant to the trash facility. the bags are sealed' which mitigates waste food odor. A cleanup crew regularly maintains the area to keep it free of runoff materials. He stated that the Boston Market is very concerned with promoting a clean and pleasant environment. C/Fong stated he would like a condition included that assures no dripping fluids are present around the trash enclosures and in the area between the restaurant and trash bin. CDD/DeStefano responded to C/Fong MicroAge Computers currently occupies the space to the *east of the proposed Boston Market. MicroAge Computers will be relocating to the area adjacent to Ralphs Market and the dry cleaning establishment. The 1200 square foot space will then be available for lease. Mr. Olson responded to C/Fong that Boston Market has no plans to use the space which will be vacated by MicroAge Computers. The 42 inch high block wall will be extended to enclose the patio area. In response to Chair/Goldenberg, Mr. Olson stated deliveries will be made on the east side of the building. Chair/Goldenberg stated .his concerns that the proposed delivery site will create a traffic bottleneck. AstP/Lungu responded to Chair/Goldenberg that the conditions of approval state deliveries are to be made during non -peak hours. I NOVEMBER 25, 1996 Page 5 PLANNING COMMISSION Rick McDuff, Boston West, Boston Market Franchisee, 222 South Harbor Boulevard, Anaheim, agreed with C/McManus that delivery trucks could park out of the traffic right-of-way. He indicated deliveries are made at 7:00 A.m. Mr. McDuff responded to Chair/Goldenberg that a Starbucks or bagel company may be a good match for the location. being vacated by MicroAge Computers. Chair/ Goldenberg suggested that Boston Market's associate companies Einstein's Bagels or Noah's Bagels be considered for co -location. In response to Chair/ Goldenberg, Mr. McDuff stated his company franchises approximately 80 southern California Boston Market locations. The company anticipates opening at least 200 in southern California. There are only 14, franchise groups throughout the nation. Mr. McDuff responded to C/Schad that no trees will be removed. Chair/Goldenberg read a letter from,He ' idi Proehl, 1108 Unit B South Cleghorn Drive, Diamond Bar, dated November 19, 1996, into the record. Ms. Proehl sta-ted she was unable to attend tonight's meeting. She indicated her concerns regarding delivery trucks, trash trucks, noise pollution, lack of available parking., loitering, trash odors and an abundance of restaurants in the immediate area. She is also concerned that construction will create upheaval in her neighborhood. Seeing no one else who wished to speak on this matter, Chair/Goldenberg closed the Public Hearing- VC/Ruzicka moved, C/Schad seconded, to approve Development Review No..96-13, Findings of Fact and conditions of approval as listed within the resolution, with the following added condition to read: "The delivery and trash trucks shall park within the spaces next to the trash enclosure". The motion was carried 5-0. PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS: VC/Ruzicka asked if the City has simulated computer programs for planning training, such as SIMS, for commissioner's use. CDD/DeStefano suggested the "Simtown" program. He also..suggested access to other educational source information through the Planning Commissioners Worldwide Website and other websites. He offered that staff is able to assist the Commissioners to access this information through City Hall computers. CDD/DeStefano stated that beginning in January, a quarterly Community Calendar listing . a Schedule chedule of future, Events will be available to the City Council and all Commissions. C/Schad asked about televising Planning commission meetings. CDD/DeStefano responded to C/Schad that the City has received approvals for the Arciero project from the Army Corps of Engineers and the State of California Department of Fish and Game. Copies are available at City Hall. C/McManus reiterated his request for staff to pursue the Diamond Bar Boulevard ingress/egress situation at the Shopping Center located on the southeast corner of Diamond Bar Boulevard and Grand Avenue. Chair/Goldenberg extended best wishes for a happy Holiday to the Commissioners and staff. ADJOURNMENT: At 8:05 'p.m., there being no further business to come before the Planning Commission, VC/Ruzicka moved, C/Schad seconded, to adjourn the meeting to December 9, 1996. --,T..here being no objections, Chair/Goldenberg adjourned the meeting. Respectfully Submitted, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 6.1 REPORT DATE: November 25, 1996 MEETING DATE: December 9, 1996 CASEXILE NUMEBER: Conditional Use Permit No. 96-12 Development Review No. 96-11 APPLICATION REQUEST: A request for a roof mounted telecommunications facility on the existing theater building at Diamond Bar High School. PROPERTY LOCATION: 21400 E. Pathfinder Road APPLICANT: Cox California PCS, Inc. 2381 Morse Avenue Irvine, CA 92714 PROPERTY OWNER: Walnut Valley Unified School District 880 S. Lemon Avenue Walnut, CA 91789 BACKGROUND: The property owner, Walnut Valley Unified School District and the applicant. Cox California PCS, Inc are requesting approval of a Conditional Use Permit and Development Review for a roof mounted telecommunications facility located on the existing theater building at Diamond Bar High School. Currently, there are three telecommunications facilities located at the High School. One facility is located at the gymnasium and consists of antennas and microwave dishes placed on the roof of the gym and repeater equipment located in an interior room: The second facility consists of a 70 foot monopole and 1 enclosed repeater equipment located at the football stadium. The third and most recent facility, approved by the Planning Commission on October 9, 1995 (CUP 94-7) consists of a 110' monopole with three antenna arrays and ground mounted, enclosed equipment cabinets. This facility is currently in the process of being installed. The General Plan designation for this site is School (S) and it is located in the Single Family Residential (R-1-7,500) zone. The proposed use is conditionally permitted within this zone pursuant to the Planning anal Zoning Code Section 22.20.100. The land uses surrounding the subject site include residential development to the nort h, south and east and commercial development and the SR 57 Freeway to the west. The proposed facility will be part of a national wireless Personal Communication Services (PCS) telecommunication system by Cox California PCS, Inc. 'The proposed telecommunications facility is one of several proposals by Cox Communications currently approved or in process within the City. On August 26, 1996, the Planning Commission approved CUP 96-11 and DR 96-10 for a facility located at the National, Self Storage facility on Prospectors Road. Revised plans have recently been submitted for a proposal on Darrin Drive for a co -located Pac Bell facility, and an application was recently submitted for co - location on the existing monopole located at Walnut Pools. APPLICATION ANALYSIS: The subject property (Diamond Bar High School) is an irregularly shaped lot located along the east side of Brea Canyon Road, south of Pathfinder Road. The site is approximately 44.81 acres in size. The proposed facility will be placed on the roof of the school's theater building, which is located at the center of the school campus surrounded by other buildings. The proposed facility will involve the placement of three antenna arrays (consisting of three (3) panel antennas each), one 18" tubular GPS antenna and six (6) cabinets housing electronic and battery equipment. There will also be a cable running from the equipment cabinets to the antennas enclosed in a metal cable tray. The highest point of the theater' building is the penthouse which extends 40' above the finish grade. All three antenna sectors will be mounted to the penthouse. The penthouse is an approximately 600 square foot (32.5' x 18.5') 22' high structure (20' which, is visible above the parapet), which has been placed at an angle on the theater's roof, approximately 5' from the northerly edge of the building and 45' from the southerly edge. 2 Each sector consists of three (3) panel antennas measuring 5.5" wide, 2" thick and 51" high. They will be placed on three sides of the penthouse at the southwesterly end of the structure. The horizontal spacing between the outer antennas will be 13' and , they will be placed so as not to extend above the penthouse. The equipment cabinets will be located on the roof of the theater along the southwest side of the penthouse. They will be set back as far as possible from the edge of the building (46' from the southerly edge and 50' from the westerly edge) so that the building's parapet will adequately screen the cabinets from view. Each cabinet .will occupy an area of 2'6"'x 2'6" and will measure 5' in height, 3' of which will be visible above the top of the parapet. The GPS antenna will be located at the northwesterly corner of the penthouse roof and will extend 6" above the top of the parapet. The antennas, support hardware, equipment cabinets and cable tray will be painted to match the penthouse. Servicing and maintenance for the unmanned 'facility is typically twice a year for routine checks, the demand for parking is therefore minimal and will not impact existing onsite parking. f nnrincinn• The applicant is proposing the construction of an unmanned wireless Personal Communications Facility. The use is conditionally permitted within the R-1 zone. Because the equipment cabinets will be set back from the edge of the roof of the theater building and .the antennas will be painted to match the existing penthouse the facility will be minimally visible from the High School campus and will not be visible at all from the surrounding properties. As part of an expanding network, the proposed PCS facility will provide �a convenient service for residents of the City and the region. ENVIRONMENTAL ASSESSMENT: Pursuant to the terms of the California Environmental Quality Act (CEQA), the City has determined that . this project will have no significant impact on the environment and has been determined to be Categorically Exempt from the provisions of CEQA, pursuant to Section 15301(e). PUBLIC NOTIFICATION The application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on November 19, 1996 and all property owners (222) within a 500 foot radius were mailed notices of the public hearing on November 18, 1996. Q IRM ECOMMENDATIONS: The staff recommends that the Planning Commission approve Conditional Use Permit 96-12, and Development Review 96-11 subject to the Conditions of Approval contained within Planning Commission Resolution 96 -XX. REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed project is 'in compliance with the General Plan; 2. The requested use at the location proposed will not: (a) Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area or, (b) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the of site, or (c) Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and 3. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading= facilities, landscaping and other development features, or as is otherwise required in order to integrate said use in the surrounding area; 4. The proposed site is adequately served: (a) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and (b) By other public or private service facilities as are required. REQUIRED DEVELOPMENT REVIEW, FINDINGS: 1. The design and layout of the proposed project is consistent with the applicable elements of the City's general plan, design guideline of the appropriate district, and any adopted architectural - criteria for the specialized area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 2. Approval of the design and layout of the proposed project is compatible with the characteristics of the surrounding neighborhood and will maintain 0 the harmonious, orderly attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's General Plan; 3. The architectural design of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; 4. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of material texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. PREPARED BY: Catherine Johnson, Senior Planner ATTACHMENTS: Application Plans Draft Resolution of Approval for Conditional Use Permit 96-12, Development Review 96-11 CM ()k VIA-M.UiNM BAR coMMUN-r—Y-,t-DEVELOPMENT DEPARTMENT 21660 E. Co Drive Suite 190 (909)396-5676 Fax (909)861-3117 CONDITIONAL- USE PERNfff APPLICATION Record Owner Applicant Case #.C,,)P SL -L2 - FPL # q& Deposit $ Receipt# C,, ZE29-Ll By— — — — — -- Date Rec'd Applicant's Agent Name(,nxr;; I J f n-rtn i a Inc. Madrid, Adan -H—V—U—B-M— (Last name first) (Last name first) (Last name first) JM Consulting Group, Inc. Address 880 S. Lemon Ave. 2381 Morse Ave 1 160 Kilroy Ai rl)rf YNO E yip 91789 Phone( ) T-r-Nri ne, Long Beach, CA MEMO M, = 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 shed, if necessary, including names, . addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent. I certify that I am the owner of the herein described property and permit the applicant to file . this request: Signedqpt- Attached Date (All record owners) Certification: - I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name "'Inc, (Applicant or Agen SignedDate (Applicant iDli cant oorr Agent) Location .21400 E. Pathfinder (Streetaddress or tract and lot number) Zoning R1— 7 5 0 0 HNM 125 H-3.-3 3 Previous Cases None Present Use of Site Diamond Bar Hirth School Use applied forPersonal CommunicationsServices (pcq) F rility consisting of ni-nd-d panel antennas,, - one (1) . GPS antenna, and six(6) equipment -cabinets. Project Size (gross acres) N/A Project density N/A Domestic Water Source—N/A CompanyfD.istrict N/A Method of Sewage disposal NSP--. Sanitation District N/A Grading of Lots by Applicant? Yes No__X^ (Show necessary grading design on site plan or tent map) 0 CC . jMONAL USE PERMIT BURDEN OF 1...: OF 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, 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 the public health, safety or general welfare. Spe�ttachQ� supplemental 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. 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. See attached supplemental LEGAL DESCRIPTION (all V,' ship comprising the proposed lots)/parcel(s See preliminaappl i cat inn`. Area devoted to structures N/A Landscaping/Open spm N/A Residential Project: N/A and N/A (gross area) (No. of lots) Proposed density N/A (Units/Acres) Parking Required Provided Standard N/A Compact N/A Handicapped N/A Total N/A r Supplemental Information Conditional Use Permit Application Our Project Name: LA -03-133 County Hills Project Address: ".1-AMIN Existing Zoning: Application Request: Diamond Bar High School 8285-001-901 R-1 7,500 The application being filed is a request for approval of a Conditional Use Permit to install and operate an unmanned Personal Communications Services (PCS) facility at Diamond Bar High School. Site Description: The subject property (Diamond Bar High School) is an irregular shaped lot located along the east side of Brea Canyon Road south of Pathfinder Road. The property has approximately 1,800 linear feet of street frontage on Brea Canyon Road and approximately 817 linear feet of street frontage on Pathfinder Road. The site is approximately 44.81 acres in size. The property has a zoning designation of R-1 7,500 and the surrounding land uses consist of single-family residential dwelling units to the north, west, south, and east. The proposed PCS facility will be placed on the School's theatre building which is located in the center of the School and surrounded by other buildings. The highest point of the building is the penthouse which extends 40' above finish grade. The architecture of the school is fairly uniform, consisting of tile mansard roofs, stucco upper walls and heavily striated concrete masonry lower walls. Project Description: The proposed PCS facility will involve the placement 'of three antenna ar- rays (sectors) consisting of three (3) panel antennas each, one 18" tubular GPS antenna and six (6) cabinets housing electronic and battery equip- ment. There will also be a cable run from the equipment cabinets to the antennas which will be enclosed in a metal cable tray. All three sector antennas will be mounted to the existing penthouse. Each sector will have three (3) panel antennas measuring 5.5" wide, 2" thick and 51" high. The Horizontal spacing between the outer antennas will be 13' and they will be placed so as not to extend above the penthouse. The equipment cabinets will be located on the roof of the building along the southwest side of the penthouse. They will be set back as far as possible from the edge of the building so that the building's parapet will adequately screen the cabinets from view. Each cabinet will occupy an area of 2'-6" x 2'-6" and will measure 5" in height. The antennas, support hardware, equipment cabinets, and cable tray will be painted to match the penthouse. Required Findings: .A. That the requested use at the location proposed 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 the public health, safety or general welfare. The proposed project entails the construction of a wireless telecommunication facility which is part of a regional network that will provide Personal Communication Services (PCS) to both businesses and the general public. Since their introduction, wireless telecommunication systems have proven to be an invaluable communication tool in the event of emergencies and natural disasters, (e.g. earthquakes, fire, and traffic accidents) during and after which norm ' al land line communications are often disrupted or inaccessible. This service is used by numerous governmental and quasi -governmental agencies that provide emergency response services. Wireless telecommunication systems N have also proven to be an invaluable tool in business communication and everyday personal use. In this sense, wireless telecommunication system networks contribute to 'the general well being of the neighborhoods and communities they serve. The search area for locating a transmission station to complete the regional PCS network is predominately residential. The project site is also zoned for residential, however, because it is developed with a non-residential use, a wireless telecommunications transmission facility may be located there without creating an adverse incompatible land use. The antennas and equipment cabinets will be located on the theatre building which is located in the center of the campus. Therefore they will not be visible from the adjacent properties. In addition, the antennas, equipment cabinets, and support hardware will be painted to match the existing building. The American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE) establish operational safety standards for human exposure to radio frequency electromagnetic fields. These ANSI/IEEE standards are considered "consensus standards", agreed upon by committees comprised of university, industry and government representatives. The Federal Communications Commission (FCC) currently requires cellular, ESMR and PCS providers to comply with the ANSI/IEEE standards for radio frequency electromagnetic fields as a condition of licensure. The proposed wireless telecommunications transmission facility is designed to be operated in full compliance with all the statutory regulations including the Telecommunications Act of 1996. In that sense, the proposed transmission facility will not be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity. 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 otherwise required in order to integrate said use with the uses in the surrounding area. The site for the proposed unmanned Personal Communications 3 Service's (PCS) facility is approximately 44:.81 acres in size and the proposed use will be located on the existing theatre building. The proposed facility will be unmanned. Therefore, there will not be a need for additional parking or loading facilities. 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. The proposed Personal Communications Services (PCS) facility is an unmanned facility located in a high school that is already serviced by fully developed streets and highways. The unmanned facility will not generate substantial additional traffic. Only occasional visits to the facility will take place for the purpose of maintaining the equipment and in response to emergencies such as an electrical power failure. Power and T-1 telephone service are already available to the site. 4 CITY OF.'.3-nUMOND BAR COAEAW;,...:-DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 DEVELOPMENT REVIEW APPLICATION Record Owner Name W-V-U-S-R_-- (LAst name first) Address 880 S. Lemon Ave. Ci Zip 91789 ... Phone( )9�09-595-1261 Applicant Cox Calif. PCS_. (Last name first) 2381 Morse Ave. -Irvine, CA 92714 Phone( )714-224-8606 case# 1) 0, 9 FPL # _qLz_LU�-, Deposit$ - Receipt# 0 Z_P,0 Zq By Date Recd 1p-T'r"46 Applicant's Agent Madrid, Adan (Last name first) JM Consulting Group, In 3760 Kilroy Airport Way #440 Lona Beach., CA Phone( 310-9,81-1660 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 aseparate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent:' I certify that I am the owner of the herein described property and permit the applicant to file this request. Sign Date (All record owners) Certification:jjry that the information herein provided is correct 1, the undersigned, hereby certify. under penalty of perjury to the best of my knowledge. Print Name Adan Madrid; JMCG.,L Inc . (Applicant or Agent can Sign Date t or "t) t)ohc,nt or Agent) pp c Location 21400 E. Pathfinder (Street address or tract and lot number) Zoning R1-7500 HNM Iy '2 Previous Cases None . Present Use of Site Diamond Bar High School - - Use applied for An unmanned, Personal Communications Services (PCS) Facility. consisting of nine 9 .panel antennas, one (1) GPS antenna, and six -• vll F- �= Legal description (all ownership comprising the proposed lots)/parcel(s)) See preliminary title report enclosed with application. Area devoted to structures N/A Landscaping/Open space N/A Project Size N/A Lot Coverage N/A Proposed density N/A (Units/Acres) Style of Architecture N/A Number of Floors Proposed N/A Slope of Roof N/A Grading N/A Ifyes, Quantity N/A Cut N/A Fi11 N /A Import N /A If yes. 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C 28 4 -F Igo D � ILI co Z Cm� f<n� OrnOv O 1i c m r m < 1 m •L� II v0 o m10 - CID - 1 1 1 1 . 1 L OO o 10 0o o0 m ;1 — --- — m A m z m 0 to 0 -f M z _ z m m to z z in — --- — Cg0m >EAO PA mmm z0 az rul" m m!5 t- tr ' J O O O O u m i] D O O O O n n m 1 Z N Z ZO O ND 'AY �O 00 OpO.> oo oO oo 0M Q� NN YY v�`E IT, e 9 Z. |§.| ■ j zb fI �" loll /| ! / `` \ E PLANNING COMMISSION RESOLUTION NO. 96 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-12; A, AND DEVELOPMENT REVIEW NO. 96-11, A REQUEST FOR A ROOF MOUNTED TELECOMMUNICATIONS FACILITY ON THE EXISTING .THEATER BUILDING AT DIAMOND BAR HIGH SCHOOL, LOCATED AT 21400 E. PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner., Walnut Valley Unified School District, and the applicant, Cox Calif. PCS, Inc. have filed an application for Conditional Use Permit No. 96-12 and Development Review No. 96-11 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Applica- tion". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), the ' reby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and* 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications,. including the subject Application, within the City of Diamond Bar. 3. On July 25,' 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the 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 December 9, 1996 conducted a duly noticed public hearing on the Application. 5. Notification of�the public hearing for this project has been made in the San Gabriel Valley tribune and Inland Valley Daily Bulletin newspapers on November 19, 1996. 222 property owners within a 500 foot radius of the project site were notified by mail on November 18, 1996. 1 B. Resolution. NOV, 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 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 the guidelines promulgated thereunder, pursuant to Section 15301(e) of Article 19 of Chapter 3 of Division 13 of Title14 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 advers . e effect on wildlife 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 findings and conclusions set forth herein,- this Planning Commission hereby finds as 'follows: (a) The project relates to a developed parcel, approximately 44.81 acres in size located at 21400 E. Pathfinder Road. (b) The project site has a General Plan land use designation of School (S). It is within the Single Family Residential, (R-1-7,500) zone. (c) Generally, the following zones and uses surround the project site: to the north and east is residential development within the Single Family Residential (R-1-7,500) zone; to the south is residential development within the R-1-8,000 'zone; to the west is commercial development within the Commercial Planned Development (CPD) zone and the orange (57) Freeway. (d) The proposed project is a request to construct a roof -mounted telecommunications facility on the existing theater building at Diamond Bar 2 High School. (e) The proposed conditional use permit will not be in substantial conflict with the adopted General Plan. The General Plan provides -for -a variety and mix of land uses and accessory uses necessary for the health, safety, comfort and convenience of the community. The facility's operation offers a service to the community and emergency agencies. Therefore, the proposed facility-is'consistent with General Plan and is further authorized as a conditionally permitted use within the R-1-7,500 zone pursuant to the Planning and Zoning Code, Section 22.20.100'. (f) The proposed project will not: (1) Adversely affect t ' he 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 The Conditional Use Permit's approval allows for the proposed telecommunications facility's construction. The facility, as conditioned complies with all City Codes and therefore does not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. Currently, most scientists maintain that the radio f requency radiation emitted and the lower frequency electromagnetic fields associated with this type of facility generally does not produce adverse health effects in humans because they are non -ionizing in nature and normal exposures are controlled so as not to result in thermal effects. As such, the facility will not be detrimental to the use, enjoyment or valuation of property or persons located in the vicinity of the site. (g) The proposed site is adequate in size and shape to accommodate development features prescribed in this approval to integrate the said use in the surrounding area. (h) The project 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 3 (2) By other public or private service facilities as are required. The project site is adequately served by Pathfinder Road and Brea Canyon which are major highways. However, the facility does not significantly increase vehicular traffic to and from the site. It requires only a few routine maintenance checks with one vehicle during a one year period. Additionally, electrical and telephone service utilized by the facility exists at the site. The proposed project is in compliance with Development Review Ordinance No. 5 (1990). (j) The architectural design of this project -is compatible with the character. of the surrounding neighborhood and will maintain the harmonioust orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). The antenna sectors-, cables and equipment cabinet will be painted to match the existing penthouse structure and the equipment cabinets will be set back from the edge of the building to minimize visibility. (k) The design of this project will provide a desirable environment for its occupants and visiting public as well as its neighbors,. through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. . 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "All dated December 9, 1996, as submitted and approved by the Planning Commission. (b) 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. granted herein. The removal of all trash, debris, and refuse, whether .during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized 4 has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all State, R-1, 7,500 Zone, Public Works Department and Build- ing and Safety Division requirements. (d) This grant is valid for'two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one- year neyear extension may be requested in writing and submitted to the City 30 days prior to the expiration.date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days of approval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant.. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check, payable to the County of Los Angeles, of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a de minimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the ' Department determines to be owed. (g) In the event of any future maintenance problems, abandonment of use or changes in technology which render the above mentioned facility and screening structure obsolete, the applicant shall, upon notification by the City of Diamond Bar, remove the screening structure and/or facility within 90 days. (h) The property owner and applicant shall make every effort to accommodate the co -location of future telecommunications facilities at this site and in conjunction with existing facilities to minimize the aesthetic impacts on surrounding properties. , 5 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Walnut Valley School District, 880 S. Lemon Avenue, Walnut CA, 91789, and Cox California, PCS, Inc. 2381 Morse Avenue, CA 92714. APPROVED AND ADOPTED this 9TH DAY OF DECEMBER, 1996 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Mike Goldenberg, Chairman I, Catherine Johnson, Acting 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 day of December, 1996, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN:. 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OC¢J Oa a ¢ ocn aF o� a o,n AU 4 g� � Q �g3�n g 8 < = m Z 'yr 0 n ? e 5 F L.J. �o ��,Wo W� o0 ¢I ¢� �� Jn ¢� n �� - Q o cr 00 ¢ro �o �o 00 � IL IL z aim CL a- c z U- 0 w w �. 0 0 0 0 0 0 0 1 n ,t r w t m w v � a En z < 0 z uj w C. V) . r- M O q 0 0 w w w . Op 0 0 0w 0 0 a. i tit i i i c c 0 C w Lnc 0 c of crc CLc a LL c CL c EL EL INTEROFFICE MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: CATHERINE JOHNSON, SENIOR PLANNER VIA: JAMES DESTEFANO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: DEVELOPMENT CODE UPDATE DATE: DECEMBER 5, 1996 The purpose of this memorandum is to present an update on the progress that has been made toward the preparation of the new Development Code: The process officially began at the end of June with the staff and consultant kick-off meeting (Subtask 1.1) where the overall scope, direction and major issues related to. the project were discussed. In accordance with the project schedule (attached) all of the items under Task 1: Needs Identification and Document Review have been completed and we are now in the midst of Task 2: Administrative Draft Comprehensive Development Code. A very important initial step in this process has been the preparation and distribution of the Development Code Survey as Identified in Subtask 1.4, Public Outreach. Program. The purpose of this survey was to solicit input on the development issues that are most important to the community's residents. Approximately 200 surveys were initially sent out to local organizations, schools, religious organizations and developers, as well as being made available at the Planning Division's public information counter and at the Planning Commission Workshop. Because the response to the initial distribution was less than the City anticipated, a decision was made to broaden the public promotion of the survey and it was inserted in the Windmill, which is distributed to approximately 20,000 households. Since this distribution, the City - has received approximately 235 completed surveys. Staff is currently in the process of tallying the responses and anticipates publishing the results in the Windmill next year.. The next important Subtask (1.5) was the Planning Commission Workshop on August 26th, which was advertised in the August issue of the Windmill. The purpose of this workshop was to provide a. forum for public input and questions, introduce the consultant team, and present a brief overview of the preparation process for the Development Code and its importance as the primary implementation tool for the General Plan. Staff has received and reviewed the Phase One Report (1.6) and the Draft Format and Outline Description (1.7). At this meeting the discussion focused. on general formatting alternatives for the new Development Code, the proposed outline and the requirements for new zoning districts. As of today's' date staff has received the draft Administrative Provisions chapter of the Code (Subtask 2.1) and will receive the draft Zoning District Provisions chapter by the middle of December (Subtask 2.2) In accordance with the schedule, staff expects to receive the General Development and Specific Use Standards chapter (Subtask 2.3) in December'. At the request of staff the consultants have provided two additional items which were not on the schedule, the Tree Preservation Ordinance and the Adult Business "Ordinance which are currently being reviewed by staff, prior to scheduled for public hearing. The next major sublask will be the presentation of the complete Administrative Draft of the Development Code at the end of March. attachment o+ o, co 00 h h x H ' z: o i M N Fr N N G _ v 5p -. ro U C4 r. v d to U p. >~ o v v x � [ w •Ts A r° o w d E � 'S .0 U xv m a� 4 � 0 G ca .5 cn a R- >- u w a U G o v H G O V y tr. w yv� cn 4J X. N G u 67 �. N SU' X d m v o ,M U H H v o Q a G *; � O, o G> G o � D � c� •� by W aou U o>O>O �CC °� Q 'w" w o o A• x o GN 4i rn °� N .y m 'm h G bNo v P, o y P. P" P. q G w Q aGi a' o ,, j aOu u ti Rt'00 v N� Eq O Lt cru Q m N 0 4 Q O p a 0 .Y f U U U 5 v0 0 CiOi �n �i Q '� (J y to to p ° o yai CC1 G t�. W ri bo iu 'p G U U .� G c Q cn U Q 0,00 U m Q U G P, Pi w in V w eV m "t; Ln Hca h ro- N m <r .o 0 rl N m -,t v v N m r -i r -i r4 r4 r4 r4 r4 Q N cJ CV CV N CV PM m M m W :� .3 to ti ri N M 4 Ln �i (•. C N E O Q cu H a cn C'4 O O U bO 0 u a. o Q) �r. a) cn "0 w > 44 cn bO cu — 0 cu > 0 >o > cu En a U bO w tc: A vai ani 0 r. G ca r. ral1� 'u; U a Ln (Z CU 0EO� . r tn u En W w cc tn p.0 0 0 4 o Ca (U W,, U, -,z cc: P� .(2 cu —w ri 0 0 u 0 o m cn tz m Eli H 11 NU) 124 ta GC > W 0 CO o0 '4 w > o o c o . nw`> CL) U U V, pt� 1 0 (L, 0 0 0 cn bo in (z 0) .!! bo bo -i 0 0 u U o U3 cu I t Z) U 0 as 0 (Ii cu 0 M cz (55 — U) :3 u r- N U C) u P, 5� �i: o ca U r-4 cn U7 Iq Q m 14 r -I cl cl c') r -I N e -i r -A -I C-4 CV CV CJ CV C-4 P-4 M M M M to U') LO H cli M 4 to A J 7 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: David Liu, Deputy Public Works Director! - 'A � r 1, FROM: James DeStef ano, Community Developme4E.-3i:Pe 0 j) SUBJECT: Median break on Diamond Bar Boulevard between Grand Avenue end Clear CrW;e}tttiCyox� Drive 10, DATE: December 2, 1996 At the November 25, 1996 Planning Commission meeting, the Commission expressed concern over vehicles utilizing a median break on Diamond Bar Boulevard between Grand Avenue and clear Creek Canyon Drive. This concern was raised by the Boston Market restaurant proposal. The concern is twofold: 1. Vehicles utilizing the median break to maneuver left turns when exiting Diamond -Bar Town Centre (Pic N Save) and Diamond Bar Towne Center (Ralph's); and 2. Vehicles maneuvering across Diamond Bar Boulevard into the shopping centers. The Commission suggested that this matter be reviewed and presented to the Traffic,, I,aln-dy,-.Tf"ahs*portat ion Commission if required for was suggested that "right turn only" signs be center exits to Diamond Bar Boulevard. Please investigate the concern expressed by the Planning Commission and let me know the results of your review. Thanks. cc: Planning Commission � t: *9V S- 33011 96. ,4� 7,< File v .. �i ` it ' . s is ready for mnnifig Fil ona revi (by and is ready for- dastru ipn;by VI Clark