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HomeMy WebLinkAbout8/11/1998A PLANNING COMMISSION AGENDA August 11, 1998 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner Joe McManus Steven Tye George Kuo Steve Nelson Joe Ruzicka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, 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 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. ' I RIARUPCAGE DA.G6D rtease refrain from srnoiting, 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 MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and buisinesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Commission. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergenct or when a subject matter arises subsequest to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909)396-5676 between 8:00a.m. and 5:00p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us PLANNING COMiVIISSION " CITY OF DIAMOND BAR Tuesday, August 11, 1998 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 98-18 PLEDGE OF' ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice Chairman Steve Tye, Joe Ruzicka, George Kuo, and Steve Nelson. 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 pml='% Card for the recording S cr a (Completion of this iform is voluntary). There is a five minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 ]Minutes of July 14, 1998 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING: 7.1 Variance No. 97-1 and Development Review No. 98-6 (pursuant to Code Section 114.a and 110.5) is a request for the installation of an off-site, freeway -oriented pole sign. Property Location: Pathfinder Road (southwest corner of Brea Canyon Road and Pathfinder Road) Applicant: Robert Fiscus Associates, 1050 S. Santa Cruz, #2100, Anaheim, CA 92805 Property Owner: Denny's Restaurant, 21316 Pathfinder Road, Diamond Bar, CA 91765 RECOMMENDATION: Staff recommends that the Planning Commission receive and file the applicant's request for withdrawal of the project. 8. PUBLIC HEARING: 8.1 Conditional Use Permit No. 96-10 (1) and Development Review No. 96-9 (1) is a request to continue the operation of a co -located, un -manned, wireless telecom- munication facility. Property Location: 24401 Darrin Drive, Diamond Bar, CA 91765 Property Owners: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765 Applicants: Pacific Bell Mobile Services, 2521 Michelle Drive 2nd Floor, Tustin, CA 92780 Cox/Sprint PCS, 18200 Von Karman, #100, Irvine, CA ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303 (e). RECOMMENDATION: Staff recommends that the Planning Commission consider the options outlined for Conditional Use Permit No. 96-10 (1) and Development Review No. 96-9 (1) and direct staff to prepare a Resolution extending the approval of the use for three additional years. 9. PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: 11. SCHEDULE OF FUTURE EVENTS: SUMMER CONCERTS IN THE PARK SERIES - Wednesday, August 12, 1998 - Alturas - 6:30 p.m. Sycamore Canyon Park TRAFFIC & TRANSPORTATION - Thursday, August 13, 1998 - 7:00 P.M. - SCAQMD Board Hearing Room, 21865 E. Copley Drive. LOS ANGELES COUNTY LIBRARY - DIAMOND BAR BRANCH. Reopening August 15, 1998 - 10 A.M. - 1061 S. Grand Avenue CITY COUNCIL - Tuesday, August 18, 1998 - 6:30 p.m. - SCAQMD Auditorium, 21865 E. Copley Drive PARKS & RECREATION COMMISSION - Thursday, August 27, 1998 - 7:00 p.m. - SCAQMD Board Hearing Room, 21865 E. Copley Drive. 12. ADJOURNMENT: August 25, 1998 MINUTES OF THE CITY OF DIAMOND BAR 11k,P REGULAR MEETING OF THE PLANNING COMMISSION JULY 14, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Tye. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, George Wentz, City Engineer, and Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Xiomara Reyes, Attorney at Law, representing the Law Office of John Guy, on behalf of "The Country Estates Association, informed the Planning Commission that the information available to them indicates that Mr. Dolezal does not have any easement or access rights through "The Country Estates" or any of its gates. A letter reflecting this information has been presented to staff. APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1.. Minutes of June 23, 1998. C/Nelson moved, C/Ruzicka seconded, to approve the minutes of June 23, 1998 as presented. Motion carried 5-0 by Roll Call vote. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None PUBLIC HEARING: JULY 14, 1998 PAGE 2 1. Extension of Time for Approved Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 (pursuant to Code Sections 21.40.280, 22.56.140 and 22.56.2250) is a request for a one year extension of time of the City's approval dated June 20, 1995. The approval permitted a four lot residential subdivision of a 2.55 acre parcel within a significant ecological and hillside management area. The project site contained one oak tree to be preserved and protected. The extension of time also includes a request to amend the Oak Tree Permit. The proposed amendment involves the removal of the one oak tree and its replacement at a 4:1 ratio with 24 inch box oak trees. Project Address: 3000 Block (north side) of Steeplechase lane at the terminus of Hawkwood Road adjacent to "The Country Estates". Property Owner/ Warren Dolezal Applicant: 4251 S. Higuera Street San Luis Obispo, CA 93401 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission recommend approval to the City Council of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2, Amended Mitigation Monitoring Program, Findings of Fact and conditions of approval as listed within the resolution. C/Nelson asked if the oak tree that is slated to be replaced has been looked at by an arborist and is the tree a Heritage Oak? AstP/Lungu explained that the current Oak Tree Permit process does not distinguish "Heritage" oaks. Bob Laurie from Michael Brandman Associates looked at the tree. Although the tree is in good condition, it is his opinion that it would not survive relocation and a 4:1 replacement ratio is appropriate. C/Nelson said he believes a 4:1 ratio for a tree of such magnitude is inadequate. CE/Wentz responded to C/Ruzika that Kramer and Associates determined that the tree needed to be removed to mitigate the landslide. DCM/DeStefano indicated to Chair/McManus that if the applicant is denied access via Steeplechase Lane, the current application may be rendered untenable. However, the applicant could request access via Hawkwood Road from the City. CE/Wentz, responding to Chair/McManus stated that at the time Parcel Map No. 47850 was approved, the City required that portion from the end of Hawkwood Road up to the private portion of Steeplechase Lane be dedicated to the City of Diamond Bar. Therefore, that opportunity exists as a possible access to the sight for W. Dolezal should he not be able to demonstrate that he has access from Steeplechase Lane. This scenario would require the applicant to come back to the City with a altemative proposed map. If the oak tree remained, JULY 14, 1998 PAGE 3-: the applicant may be able to construct fewer lots on his parcel map. JCC Development proposes to install a gate at the end of Crystal Ridge where Hawk -wood Road terminates. In response to VC/Tye, CE/Wentz stated he believes that taking access from Hawkwood Road is discretionary and would not warrant a denial of any kind of extension to allow Mr. Dolezal time to try to address this issue and other issues that remain with this proposed map. Should he not be successful, he would be required to resubmit an application to the City with a different map layout and at that time, the Commission and the City Council could address the issue of access to insure that there is no violation of the privacy of "The Country Estates". Chair/McManus opened the Public Hearing. Warren Dolezal stated that when this property was acquired in 1976, Diamond Bar Development Company represented to him that the property in question was a part of "The Country Estates". The court affirmed that we had access to Steeplechase Lane. An extension of time is required in order for the applicant to finalize legal matters. Application has been made to "The Country Estates" for access and negotiations are proceeding. With respect to the oak tree that is required to be replaced, the soils test revealed that the old landslide material runs under the oak tree. He agreed with CE/Wentz that in order to have a buildable lot, the oak tree will have to be removed. He said he has no objection to the replacement using 36 inch boxed trees. A 36 inch box is about 4 inches in diameter and about eight feet in height. Mr. Dolezal responded to C/Ruzicka that negotiations with "The Country Estates" are proceeding on a very friendly basis. There being no further public testimony offered, Chair/McManus closed the Public Hearing. Following discussion, C/Nelson moved, C/Ruzicka seconded, to concur with staff to recommend approval to the City Council of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2, Amended Mitigation Monitoring Program, Findings ofFact and conditions of approval as listed within the resolution, with the recommendation that the oak tree in question be replaced at the ratio of 20:1 with 36 inch boxed oak trees. As many replacement trees as possible are to be placed on-site and the balance will be placed off-site within the City of Diamond Bar or a dollar amount for in lieu tree contribution be placed in a replacement fund to be used for other City projects. Location of the trees to be approved by City staff. Motion was carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMMENTS: None JULY 14, 1998 PAGE 4 INFORMATIONAL ITEMS: None ` SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Ruzicka moved, C/Nelson seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 7:55 p.m. to July 28, 1998. Respectfully Submitted, James DeStefano Secretary to the Planning Commission Attest: Joe McManus Chairman AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNERS: APPLICANTS: BACKGROUND: City of Diamond Bar PLANMNG COMNIISSION Staff Report 8.1 August 5, 1998 August 11, 1998 Conditional No. 96-10 Development 96-9 (1) Use Permit (1) and Review No. To continue the operation of an existing co - located, unmanned, wireless telecom- munication facility. 24401 Darrin Drive Diamond Bar, CA 91765 Eric and Robin Stone 24401 Darrin Drive Diamond Bar, CA 91765 Pacific Bell Mobile services 2521 Michelle Drive 2nd Floor Tustin, CA 92780 Cox/Sprint PCS 18200 Von Karman, #100 Irvine, CA 92612 In August 1997 the property owners, Eric and Robin Stone and applicants, Pacific Bell Mobile Services and Cox/Sprint PCS received City Council approval to construct and operate a co - located, unmanned, wireless telecommunication facility. The approval was granted for a period of one year unless extended by the Planning Commission upon conclusion of a public hearing. The project site is located at 24401 Darrin Drive, at the northwest corner of Armitos Place and Darrin Drive, south of the Pomona (60) Freeway. The project site has a General Plan Land Use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1- 3DU/Ac:re). It is zoned Single Family Residential -Minimum Lot Size - 1 10,000 Square Feet (R-1-10,000). The existing use is permitted within the zone pursuant to Section 22.20.100 of the Planning and Zoning Code. Generally, the following zones and uses surround the project site: to the north is the Pomona (60) Freeway; properties to the south, east and west are zoned and developed as Single Family Residential -Minimum Lot Size -10,000 Square Feet (R -1- 10,000). R-1- 10,000). The existing telecommunication facility was approved by the Planning Commission on April 22, 1997. The Planning Commission decision was "called for review" by the City Council. The City Council conducted several meetings, including a site visit, during the public hearing process to consider the project. Several issues were addressed by both the Planning Commission and the City Council during their public review of the proposal. The concerns included the appropriateness of the requested land use near homes, aesthetics, and electromagnetic fields around the device. On August 5, 1997, the City Council approved the project's operation for 12 months subject to an extension upon review and approval by the Planning Commission. ANALYSIS: City Council Resolution No. 97-58 required the applicants compliance with several conditions including the following: 1. Post a bond, letter of credit or other security in the amount of $10,000.00 to guarantee the removal of the facility and the restoration of the site to a condition acceptable to the Deputy City Manger. Applicant has submitted a $10,000.00 bond to the City. 2. Provide landscaping and irrigation on the project area in quantities sufficient to enhance the appearance of the project site when viewed from the street, creating a neighborhood amenity. Applicant has complied with this condition. 3. Enclose equipment cabinets with a block wall of other opaque fencing materials, painted to blend with the surrounding terrain and landscaping; landscaping shall be provided adjacent to the wall, in quantities and heights sufficient to soften the appearance of the wall and provide additional screening; provide trees between and surrounding antennas, arranged in a naturalize grove; and drought tolerant plant materials and/or native species shall be emphasized with 20 percent of the trees in 24 inch box and 80 percent of the trees in 15 gallon size and 70 percent of the shrubs in 5 gallon size and 30 percent in 1 gallon size (herbaceous). Applicant has complied with this condition. 4. In order to guarantee the continuing health and maintenance of the landscaping, the applicant shall provide a statement of surety in the form of cash, performance bond, or certificate of deposit equal to loo percent of the plant materials' total value and the cost of the irrigation system and its installation which shall be posted with the City for one year. Applicant has complied with this condition through a posted performance bond of $24,500.00. 5. Prior to final inspection and six months from the date of the project's approval and any extension thereof, the applicants shall submit a certification attested to by a licensed engineer expert in the field of radio frequency (RFs) emissions, that the facility is and has been operating within the current applicable FCC standards for RF emissions. The project was energized on April 28, 1998. The certification report has been submitted, reviewed by an independent consultant, and found to be in compliance. The applicants have complied with all conditions of approval set forth within City Council Resolution No. 97-58. The request to continue the facility's operation does not incorporate any alteration to the project or the development standards and conditions of approval. The City has recently extended a moratorium on the placement or expansion of telecommunication sites and devices within the City. This application was approved prior to the enactment of the moratorium and incorporated an extension opportunity within its City Council approval. The moratorium will remain in effect until July 17, 1999 or until a new ordinance is in effect, whichever is sooner. City staff have crafted a Draft Telecommunication Facility Ordinance for review. The City Council has established a Telecommunications Task Force to assist in the preparation of the ordinance. The Task Force is scheduled to meet during the months of September and October. It is anticipated that the Planning Commission will receive the report of the Task Force and the Draft Ordinance by the end of the year. Decisions regarding the appropriate zones/ locations and development standards for future devices are several months from conclusion. The Planning Commission has various options with regards to the applicants' request: ].. Approve the continued operation of the facility in perpetuity; The project currently complies with the zone, approved conditional use and development review permits. 3 If development standards are adopted in the future, different from those in place today, the project would be permitted to remain, subject to specific restrictions, as "legal non -conforming". 2. Approve the continued operation of the facility for a specific term (i.e. one, three, five years, etc.); Under this scenario the applicant is apprised of the limited term of the permit. The City completes its ordinance incorporating new standards for the siting and design of telecommunications facilities. Any legal non- conforming aspects of the project must be corrected upon expiration of the permit, up to and including the removal of the facility. 3. Deny the request to continue the operation of the facility and require the removal of the structures; This option would require the Planning Commission to develop findings (based upon current facts) contrary to those listed within the Resolution No. 97-58 4. Continue the public hearing for further information needed by the Commission to conclude its decision making. ENVIRONMENTAL ASSESSMENT: The extension of the existing facility is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303 (e). NOTICE OF PUBLIC HEARING: Notice for this proposal was published in the Inland Valley Daily Ruiietin and the San Gabriel Valley Tribune on July 22, 1998. Public hearing notices were mailed to approximately 322 property owners within a 500 foot radius of the project site on July 21, 1998. RECOMMENDATION: Staff recommends that the Planning Commission consider outlined for Conditional Use Permit No. 96-10 (1) and Review No. 96-9 (1) and direct staff to prepare a extending the approval of the use for three additional 4 the options Development Resolution years. Attachments: 1. Request for Extension dated June 4, 1998 2. City Council Staff Report dated June 3, 1997 (without attachments) 3. Planning Commission Staff Report dated April 16, 1997 (without attachments) 4. City Council Resolution No. 97-58 approved August 5, 1997; 5. Exhibit "A", Existing Development Plans; 6. Report prepared by Jerrold T. Bushberg Ph.D., dated May 15, 1998, addressing RF exposure; and 7. Report prepared by Morey/Seymour and Associates, dated August 5, 1998 analyzing the report prepared by Jerrold T. Bushberg Ph.D. 2521 Nl ca6ie Dme. 2nd riot' us;,-. Cahlorria 9278. June 4, 1998 LA -462 City of Diamond Bar Community Development Department 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Re: Re -Submittal of CUP 96-10/PR 96-09, Request for Extension 24401 Darrin Drive 1 Cox/Sprint & PBMS Joint Application PACIFIC"'ABELL Mobile Services In July of 1997, the City Council approved a request by Pacific Bell Mobile Services and Cox Communications/Sprint for the installation of a joint PCS antenna facility located at 24401 Darrin Drive. Specifically, the conditions of approval require that the constructed facility return to the Planning Commission to ensure that all conditions of approval are being met and, subsequently, be granted ongoing project approval. For City review, the attached CUP application is submitted illustrating the level of improvement and landscaping that has occurred in the construction of the facility. Over the past six months PBMS and Cox have worked closely with Staff to make minor enhancements to both the screening and landscaping. Moreover, we continue to work to better screen the facility from Highway 60 while the existing landscaping matures. This project has been designed to carefully mitigate the concerns of the surrounding homeowners. The net result has not only been the creation of a beautiful passive pocket park environment that benefits the entire community, but the establishment of a low impact communications project which sets the standard for future facility siting in the City of Diamond Bar. We look forward to the opportunity to meet with the Planning Commission. Should you have any questions or comments please do not hesitate to call me at 714-734-7418. P1artCom, Inc. Contractor Representatives Carer Chiu cc: Rob Lingle, Cox/Sprint PCS Jerry Ambrose, JM Consulting RESOLUTION NO. 97- 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING FOR TWELVE MONTHS, CONDITIONAL USE PERMIT NO. 96-10, AND DEVELOPMENT REVIEW NO. 96-9, A REQUEST FOR CO -LOCATION OF A TELECOMMUNICATIONS FACILITY BY COX COMMUNICATIONS AND PACIFIC BELL MOBILE SERVICES, CONSISTING OF THREE ANTENNAS AND EQUIPMENT CABINETS AT 24401 DARRIN DRIVE, DIAMOND BAR, CALIFORNIA A. RECITALS. 1. The property owners, Eric and Robin Stone and the applicants, Cox Calif. PCS, Inc. and Pacific Bell Mobile Services have filed an application for Conditional Use Permit No. 96-10 and Development Review No. 96-9 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 "Application." 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), 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 Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. On June 3, 1997, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the call for review of the decision of the Planning Commission (PC Resolution 97-6) approving Conditional Use Permit (CUP) 96-10 and Development Review (DR) 96-9 and concluded said public hearing on June 3, 1997. Council continued the call for review to June 17, 1997. On June 17, 1997 Council continued the call for review to July 1, 1997. On July 1, 1997, the Council continued the call for review to July 15, 1997. On July 15, 1997, the Council directed staff to prepare a resolution approving CUP 96- 10 and DR 96-9 for a period of twelve months. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 97-58 (e) The proposed conditional use permit will nc - be in subs tantialconf1ict with the a-Jopte^ 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 the General Plan and is further authorized as a conditionally permitted use within the R-1- 10,000 zone pursuant to the Planning and Zoning Code, Section 22.20.100. (f) The proposed project 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 for the following reasons; 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, the consensus of the scientific community maintains that the radio frequency radiation emitted and the lower frequency electromagnetic fields associated with this type of facility generally do 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 use in the surrounding area. 3 97-58 (k) The design of this project will prcvcie a desirable environment for its occupants anc visiting public as well as its neighbors through good aesthetic use of materials, textur= and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (1) The proposed removal of the map restriction is not of significant benefit to the City. As part of the project proposal, the applicant has requested removal of a map restriction from Tract Map 42584 which gives the City the authority to restrict vehicle ingress and ingress to Armitos Place. Removing this restriction will only benefit the project applicants and will provide no benefit to the City as a whole, since vehicular access to this site from Armitos Place is not needed for the improvement of traffic or circulation within the area. Therefore, the action for approval of this project does not include the removal of the map restriction from Lot 51 of Tract Map 42584. 5. Based on the findings and conclusions set forth above, the City Council hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to development plans dated June 12, 1997 and landscape plans dated July 10, 1997, collectively labeled as Exhibit "A" as modified and approved by the City Council. (b) The site shall be maintained permanently 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 has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all Federal, State and City regulations. 5 97-58 (h) Prior to Final inspection of the telecommunications facility, the applicant shall submit a radio frequency radiation. (RFR; field measurement study to the Planning Division for review and approval which verifies compliance with FCC emission standards. The study shall be accompanied by a report describing compliance with these standards in language that can be understood by a lay person. Any costs associated with the City's review of the study shall be borne by the applicant. (i) Six months from the date of project approval and any extension thereof, the applicants shall submit a certification attested to by a licensed engineer expert in the field of RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF emissions. Any costs resulting from the city's review of this certification shall be borne by the applicants. (j) If the wireless telecommunications facility approved by this resolution is operated or maintained in violation of FCC standards, said facility shall be subject to permit revocation by the City Council. (k) In the event of any future maintenance problems, abandonment of use, expiration of permit approval 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, repair, replace or remove the screening structure and/or facility within 30 days. (1) Prior to permit issuance, the applicants shall submit final landscaping/fencing and irrigation plans to the Planning Division for review and approval. Landscaping, incorporating the earth removed from the equipment cabinet/pad area, shall be provided on the flat pad area in quantities sufficient to enhance the appearance of the project site when viewed from the street, creating a neighborhood amenity as determined by the Planning Division. The equipment cabinets shall be completely enclosed by a block wall or other opaque fencing materials as approved by the Planning 7 97-56 (a) Certify to the adoption of this Resolution; ant (b) Forthwith transmit a certified copy of this Resolution to, Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar CA, 91765, Cox California, PCS, Inc. 2381 Morse Avenue, Irvine, CA 92714 and Pacific Bell Mobile Services, 5959 W. Century Boulevard, Los Angeles, CA 90045. APPROVED AND ADOPTED THIS 5TH DAY OF AUGUST 1997 BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY MAYVV I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was duly introduced, at a regular meeting of the City Council of the City of Diamond Bar held on the 5M day of August 1997, by the following vote: AYES: COUNCIL MEMBERS:Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS:Ansari, Harmony ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None City of Diamond Bar CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER SUBJECT: CALL FOR REVIEW OF THE DECISION OF THE PLANNING COMMISSION TO APPROVE A PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT 24401 DARRIN DRIVE (CUP 96-10 AND DR 96-9) DATE: JUNE 3, 1997 SUMMARY: On May 6, 1997 the City Council voted to call for review the decision of the Planning Commission approving CUP 96-10 and DR 96-9 for the installation of a wireless telecommunications facility at 24401 Darrin Drive. The issue before the City Council is whether or not to uphold the decision of the Planning Commission. BACKGROUND: The Planning Commission conducted public hearings for the proposal on January 28, 1997, February 25, 1997, March 25, 1997 and April 22, 1997. On April 22, 1997 the Planning Commission completed its public hearing approving CUP 96-10 and DR 96-9 by a 4 to 1 vote and adopting Resolution No. 97-6. The Planning Commission approval permits the construction of a wireless telecommunications facility on a site adjacent to and below Armitos Place. As proposed, the facility will consist of equipment cabinets and antennas, all located below the street, not visible from Armitos Place, designed with landscaping and screening to blend into the hillside site as viewed from above and the Pomona Freeway. On May 6, 1997 the City Council voted to call for review the decision of the Planning Commission approving CUP 96-10 and DR 96-9. Councilman Harmony requested that the Planning Commission decision be called up for review as. outlined within Section 22.60.200 of the Planning and Zoning Code. Memorandum to the City Council June 3, 1997 Page 2 Pursuant to the Planning and Zoning Code Sec. 22.60.40, notification of the City Council hearing was made in the San Gabriel Valley Tribune on May 13, 1997 and in the Inland Valley Daily Bulletin on May 14, 1997. Approximately 275 property owners within a 500' radius of the exterior boundaries of Tract 42584 were notified of the public hearing by mail on May 14, 1997. At the request of the City Council the applicant has constructed a 3 dimensional mock-up of the proposed telecommunications facility on the subject site, which can be viewed by the Council and members of the public. Pursuant to the Planning and Zoning Code 22.60.250 upon initiating a call for review, the City Council may affirm the action of the Planning Commission, refer the matter back to the Commission for further review, or take any action that in the opinion of the Council, is indicated by the evidence. The City Council's decision may address all aspects of the project, including the addition or deletion of any conditions. Once a decision is made, the Council shall direct staff to develop a resolution with the appropriate findings to be brought back to the next meeting. RECOMMENDATION: It is recommended that the City Council review the decision of the Planning Commission and direct staff as appropriate. Attachments: Planning Commission Staff Report dated April 22, 1997 Planning Commission Resolution No. 97-6 Approved Development Plans Minutes of the City Council Meeting of May 6, 1997 Minutes of Planning Commission Meetings of January 28, . 1997, February 25, 1997, March 25, 1997 and April 22, 1997. Letter dated . April 29, 1997 from Councilman Harmony Petitions from Residents dated 2/25/97 and 4/15/97 First Amendment to the CC&R's for Tract 42584 K City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 6.1 REPORT DATE: April 16, 1997 MEETING DATE: April 22, 1997 CASEXILE NUMBER: Conditional Use Permit No. 96-10 Development Review No. 96-9 APPLICATION REQUEST: A request for the co -location of :. telecommunications facility by two service providers on a residential property and a request for an amendment to Tract Map 42584, removing a restriction from said map prohibiting vehicular ingress and- egress to Armitos Place. PROPERTY LOCATION: 24401 Darrin Drive APPLICANTS: Cox California PCS, Inc. 2381 Morse Avenue Irvine, CA 92714 Pacific Bell Mobile Services 5959 W. Century Boulevard Los Angeles, CA 90045 PROPERTY OWNERS: Eric and Robin Stone 24401 Darrin Drive Diamond Bar CA 91765 1 SUMMARY: The applicant is proposing the construction of an unmanned wireless telecommunications facility by two service providers. This use is conditionally permitted within the Single Family Residential (R-1) zone. The proposed antennas and equipment cabinets will be located on the sloped area of the subject property, below street level, facing away from the residences. The facility will not be visible from the surrounding residential neighborhood and will be screened from the view of freeway travelers. The project will not generate significant additional traffic, create noise or light, or impair views. The facility is required to comply with federal regulations regarding radio frequency emissions. Staff therefore recommends approval of the proposed telecommunications facility. BACKGROUND/HISTORY: The property owners, Eric and Robin Stone, and the applicants, Cox California PCS, and Pacific Bell Mobile Services (PBMS) are requesting approval of Conditional Use Permit #96-10 and Development Review #96-9 This request involves the placement of three antennas and equipment cabinets to be placed on the sloped portion of a residentially zoned parcel. This project also includes a request for an amendment to Tract Map 42584, removing a restriction from said map prohibiting vehicular ingress and egress to Armitos Place. This project was originally scheduled for 'the January 28, 1997 Planning Commission meeting. Notification was sent to all property owners within a 500' radius of the subject site pursuant to the Planning and Zoning Code notification requirements for conditional use permits. Because the project included a request to remove a restriction from a tract map, the City Attorney advised staff, that in addition to the customary notice, notice to all property owners within he boundaries of the tract map and within a 500' radius of the exterior boundary of the tract would be required. Based on this determination, the project was renoticed and scheduled for the February 25, 1997 Planning Commission meeting. At that time the applicant was proposing the telecommunications facility on a barn to be located on the site's flat pad area fronting on Armitos Place. 2 Staff had specific concerns regarding the size and aesthetics of the barn. It was determined that the barn would be incompatible with the: architecture of the homes in the surrounding neighborhood. There were also concerns that the barn may have partially blocked the views of the residents on the other side of Armitos Place. As a result, the applicant requested continuance of this project to allow time to prepare and submit an alternative design addressing these concerns. The Planning Commission granted a continuance to the meeting of March 25, 1997. At this meeting the applicant requested additional time to finalize the project design and prepare plans. The Planning Commission granted an additional continuance to the meeting of April 22, 1997. The site's General Plan designation is Low Density Residential (RL) and it is zoned Single Family Residential (R-1-10,000). The proposed use! is conditionally permitted within this zone pursuant to the Planning and Zoning Code Section 22.20.100. The land uses surrounding the subject site include the Pomona Freeway (SR 60) to the north, and single family residential development to The south, east and west. The! proposed facility will be part of a national wireless Personal Communication Services (PCS) telecommunication system by Cox California PCS, Inc. and Pacific Bell Mobile Services. Since the City's incorporation, eighteen (18) cell sites have been approved within the City. Generally, these sites are located adjacent to or near the freeways or heavily roadways in order to capture the maximum number of users. This is the first cell site to be proposed within residential neighborhood, although there are facilities located at Diamond Bar High School, which has a residential zoning designation.. APPLICATION ANALYSIS: Subject Site The subject property is an irregularly shaped lot located at the northwest corner of Armitos Place and Darrin Drive, south of the 60 Freeway. The site is approximately 6.87 net acres, surrounding a 25,270 square foot parcel owned by the County and occupied by a fire station. 3 The project site is relatively flat along its Armitos Place and Darrin Drive frontage. It trends downward at an approximately 2:1 slope (at its steepest point) to a canyon and then slopes upwards towards the northerly property boundary adjacent to the freeway. There is an existing 1,400 square foot single family residence on the site with frontage and access on Darrin Drive. With the exception of the residence, the site is undeveloped. Vegetation consists primarily of sage scrub plants typically found on the lower slopes of the City. The site also contains scattered trees believed to be oak and walnut. These trees will be retained although two walnuts may need to be trimmed to insure adequate line -of -sight for the antennas. The subject site is Lot 51 of Tract 42584. There are easements on the site for storm drain and storm drain ingress and egress and public utility purposes. Additionally, there is a map restriction on the subject property granting the County of Los Angeles (upon incorporation this right was transferred to the City) the right to restrict vehicular ingress and egress to Armitos Place. Project Proposal The current proposal consists of three (3) antennas and equipment cabinets. The facility is proposed on the subject site's northerly slope, facing the freeway below the undeveloped area between the fire station and the dwelling unit. Each antennas sector consists of three (3) panel antennas measuring 5.5' wide, 2" thick and 51" high. The antennas will be mounted back-to-back on three separate vertical poles placed in an angled row, going up the slope. The first antenna (PBMS) will be placed approximately 40' from the northerly property line adjacent to the 60 Freeway. This antenna will be placed at the lowest elevation on the slope and will be 26.5.' The next antenna (Cox) is 24' and will be placed 10' south, above of the first antenna, going up the slope. The third antenna will be placed 10' south of the second antenna and will be 22' in height. All three antennas will rise to the same height and at their highest point will be approximately level with the flat, street level portion of the site. Within the R-1 zoning district the height limit for buildings is two stories or 35.' However, these height limits don't apply to conditionally permitted uses such as the proposed facility. For these 4 0 projects, the maximum height is determined by the hearing officer, in this case, the Planning Commission. As proposed, the antennas will be approximately 150' from the nearest residence and as conditioned the antennas will not be visible from the street level along Armitos Place. The antennas will be visible (although screened) from the 60 Freeway. The facility will also involve the placement of equipment cabinets on a concrete slab located south and perpendicular to the antennas. The slab will be placed into an area cut into the side of the hill and oriented parallel to the existing contours. Retaining walls not to exceed 6' in height will be used to accommodate the necessary cut. Each cabinet will occupy an area of 2'5' x 2'5' and will be 5' in height. The slab area will be 280 square feet in size. There will also be a coaxial cable run underground from the equipment cabinets to the antennas. The equipment cabinets will be enclosed with a 6' high chain link fence. The antennas, equipment cabinets and other support hardware will be painted to match the existing vegetation. The applicant is proposing access to the site via a 15' wide easement extending from the curb to concrete steps going down to the: equipment cabinet enclosure. Maintenance visits to the facility will be required approximately 2-3 time per year and will require a maximum of two hours per visit. ISSUES Radio Frequency Emissions/Health Impacts The Federal Communications Commission (FCC) requires that all cellular and PCS providers comply with safety standards for radio frequency electromagnetic fields. The American National Standards Institute (ANSI) and Institute of Electrical and Electronic Engineers (IEEE) have established standards for safe human exposure to radio frequency electromagnetic fields. The Telecommunications Reform Act of 1996 prohibits local governments from allowing one carrier and excluding another and bars state and local governments from regulating facilities because of the 5 environmental effects of radio frequency emissions as long as facilities comply with FCC regulations. However, that does not preclude cities from requiring that telecommunication providers submit documentation showing safety standard compliance. As an example, to ensure that this occurs, staff could require that the applicant submit a radio frequency radiation (RFR) field measurement study to the Planning Division verifying compliance with FCC emission standards. Locational Criteria The design and location of telecommunication facility sites is determined by several factors. Sites must be close enough to the caller to receive the signal generated by a half -watt portable phone. Sites must be far enough from one another to eliminate cross -talk and sites must be located away from sources of interference (i.e. tall buildings, large bodies of water) which will cause signal distortion and poor communication quality. Height is one of the most important considerations when locating a site because telecommunications facilities function on a line -of -sight transmissions. Antennas must be placed at precise heights in relation to one another in order to transmit and receive signals. Therefore, topography plays a major role when determining antenna heights. Other considerations include availability of road access, electric power, land based telephone lines and/or microwave link capability, structural capacity for equipment and maximum coverage in the desired area with minimal sites. According to a representative from Pacific Bell Mobile Services (PBMS), the proposed project fills a gap in cellular coverage for approximately 1/2 to 1 mile along the 60 Freeway and the adjacent communities. According to this representative, the project location was chosen because it was one of the few sites which was viable from a radio frequency standpoint that had a landlord that was willing to lease to PBMS. Correspondence received from PBMS (see Exhibit 1 attached) describes the alternate sites that were considered and dismissed. 0 Land Use Compatibility Telecommunications facilities, including antennas are conditionally permitted within the Single Family Residential zone. According to the Planning and Zoning Code Sec. 22.56.010, a conditionally permitted use is a use which, because of specific characteristics such as size, technological processes, or location, requires "special consideration" to "ensure proper integration with other existing or permitted uses in the same zone..." Conditional uses are generally approved with conditions ensuring that this integration is achieved. Uses permitted by right in the R-1 zone are single family residences, accessory structures, such as garages, guest houses workshops, storage sheds, etc. Conditionally permitted uses in the R-1 zone include, adult day care facilities, churches, golf courses, fire stations, libraries and other uses determined to be appropriate in a residential zones, subject to the imposition of conditions ensuring compatibility. Land uses within the neighborhood surrounding the subject property consists of single family residences and a fire station. A land use that had the potential to increase crime, produced excessive noise or light, emitted a hazardous substance, generated excessive traffic or negatively impacted the appearance of a residential neighborhood would be considered an incompatible use. It is unlikely that the proposed use would generate or have the potential to cause additional crime within the neighborhood, because the facility is unmanned and there will be no activities associated with this use, other than infrequent site maintenance visits. The antennas and equipment cabinets will not be lighted and will not generate any noise. Health hazards are addressed by the Telecommunications Act, which, as previously stated, prohibits the City from disapproving telecommunications facilities because of the environmental effects of radio frequency emissions as long as the facilities comply with FCC regulations. The proposed use will generate minimal amounts of additional traffic within the neighborhood. 7 Strategy 2.2.4 of the General Plan states "Require that new developments be designed so at to respect the views of existing developments..." The applicant has redesigned the project, eliminating the barn,. because it was determined that it was incompatible in its size and appearance with the existing neighborhood and because neighbors had expressed a concern that the barn would block their views. The proposed facility will not be visible from the street of the residential neighborhood and will not blocThereforek in eview of terms of its hillside to appearance the north of the 60 Freeway. it will not be incompatible with the existing neighborhood. Aesthetics The redesigned project proposes to move the antennas away from the flat pad area, to the slopes below and has proposed painting the antennas a concealing color and providing landscaped screening. The equipment cabinets are proposed to be screened by a chainlink fence painted to match the surrounding landscaping and topography. The redesigned project represents a significant aesthetic improvement over the barn. Staff has reviewed the project and is proposing several enhancements and modifications should the project be approved. The first modification is to the antennas. A condition of approval has been included requiring that the individual antenna heights be reduced so that they are approximately six feet (6') below the grade of the flat pad area. This will provide additional assurance that the antennas are far enough away from the street and the residences so they will not be visible when viewed from the street. To further ensure that the antennas are screened, a berm will be required to be created at the northerly boundary of the pad area. This berm will be a minimum of 4' in height, and will be landscaped with trees for additional screening. The flat pad area fronting on Armitos Place will also be required to be landscaped, enhancing its appearance and creating an amenity for the neighborhood. A condition has also been included requiring replacement of the proposed chain link fence with a block wall painted to match the 13 topography and additional landscaping along the wall as further screening. To screen the antennas from the freeway, trees will be required to be planted in between the antennas, in a quantity and pattern which creates the appearance of a natural grove. Staff believes, that the project, with the recommended conditions will not have a negative aesthetic impact on the residential neighborhood, or have a negative visual impact when viewed from the freeway. Access Part of the original project application was a request to remove the map restriction prohibiting vehicular ingress and egress on Armitos Place. Any decision to remove map restrictions must be supported by findings that the removal is of significant benefit to the City. Vehicular access to the project site would be utilized a few times a year for maintenance of the telecommunications facility. Since the equipment cabinets and antennas are located on the slope, access by foot would be necessary even with a driveway. On -street parking is not restricted in this area, and therefore the maintenance crews could park their trucks on the street for the limited time that service visits require. Vehicular access to the site would be of benefit solely to the telecommunications service providers. Further, a curb cut on Armitos Place would detract from the appearance of the streetscape. Public Response Since the time when this project was originally advertised, staff has received correspondence from neighborhood residents expressing opposition to this project in the form of a letter, and petitions which were submitted to the Planning Commission at the February 25, 1997 meeting and most recently received by staff on April 15, 1997 and which are included as part of the project package as Exhibit 2. 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 E Categorically Exempt from the provisions of CEQA, pursuant to Section 15303. PUBLIC NOTIFICATION Notification of the public hearing for this project has been Daily made in Bulletin the San Gabriel Valley Tribune and Inland 4, Valley 1997 and April 11, newspapers on January 7, 1997, February within a 500' radius of the 1997. Ninety-six (96) property owners by mail on January 8, 1997. 494 property project site were notified within a 500' radius of the exterior boundaries of Tract owners 42584 were notified by mail on February 4, 1997 and April 11, 1997. RECOMMENDATION: The staff recommends that the Planning Commission approve Conditional Use Permit 96-10, and Development Review 96-9 subject to the Conditions of Approval contained within Planning Commission Resolution 97 -XX. ALTERNATE RECOMMENDATIONS: The Planning Commission may direct staff to prepare a resolution of denial or continue the project to a date certain for further discussion. 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 10 I 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 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. 11 FINDINGS FOR REMOVAL OF MAP RESTRICTION: 1. The removal of the map restriction is of significant benefit to the City. PREPARED BY: ) Catherine Johnson, Senior Planner ATTACHMENTS: Application Plans Exhibit 1 - Correspondence from Pacific Bell Mobile Services Exhibit 2 - Resident's petitions Draft Resolution of Approval for Conditional Use Permit 96-10, Development Review 96-9 12 z wtei Z �> =T�mmo 00 _D <" i m >az D' �p A < A m an � msm 0 ^ N F o . o U _ 3 �n vpo r� Q QI N A m w m n; mZn _ t'] oi,ss y H e A NZQ A Z x1 D m Z z Z m m A a = N � z m A _r 00 a O =T�mmo 00 _D <" -Z 8 z m >az D' �p oG? j � msm I �. ♦ ^ N F o 3 �n vpo r� Q Z x1 D _r i N111, R3.i F�a7�"iS E� — o � _ ii q�-k qz U1 aa= 3�?��' FFyF•,c =EFF fik8Fas5F;?�3 _ i j I D �— D I F71 N Dz0 z D N = z Ui D D O z N a � I 0 e =T�mmo 00 €_11 sj N#Ise' SBS pGQC�f�C Com® =g=mN N aR 37 j � msm I �. ♦ ^ N F o i N111, R3.i F�a7�"iS E� — o � _ ii q�-k qz U1 aa= 3�?��' FFyF•,c =EFF fik8Fas5F;?�3 _ i j I D �— D I F71 N Dz0 z D N = z Ui D D O z N a � I €_11 sj N#Ise' SBS pGQC�f�C Com® e,l 3 ���T, aR 37 I �. ♦ ( 1 eas'emx'� -.,r. _•• .�e u20 ROSEWOOD DR. 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BUSHBERG Ph.D., DABMP, DABSNM #HEALTH AND MEDICAL PHYSICS CONSULTING 7784 Oak Bay Circle Sacramento, CA 95831-5800 (916) 393-6168 Carver Chiu PLANCOM, Inc. 2955 Red Hill Avenue, Suite 100 Costa Mesa, California 92626 Introduction May 15, 1998 At your request, I have reviewed the technical specifications and measured the maximum radiofrequency, (RF), power density from the Pacific Bell Mobile Services (PBMS) and COX Communications wireless telecommunications sites located on the Phillips Ranch property at 24401 Darrin Dr. Diamond Bar, California (referenced as sites LA267 and LA462-02 for COX and PBMS respectively) as depicted in attachment one. These site measurements were made to included all ambient sources of RF exposures including the contribution from other wireless facilities within at least a one mile radius of the proposed facility in order to assess compliance with Federal Communications Commission requirements for RF exposure safety. Facility Description This proposed multi -use telecommunication site will consists of two independent Personal Communications Services (PCS) operating simultaneously. Measurements included all sources of radiofrequency exposure at the proposed. site in order to evaluate the cumulative exposure from all existing and the proposed RF transmission facilities. The PBMS telecommunication site will utilize panel antennas configured in two (2) sectors. The antennae in each sector will be a directional transmit antenna (EMS Wireless Corp. model #RR65-18) which are mounted on a monopole with their radiation center at 22 feet above grade directed at 90 (sector A) and 270 (sector C) degrees true north. Technical specifications of the antenna are provided in attachment 2A. The sectorized antennas are designed to transmit with an effective radiated power (ERP) of up to 300 watts per sector within a bandwidth between approximately 1,850 and 1,990 MHz. These maximum transmission conditions would however, be expected to occur infrequently during normal operations. The COX telecommunication site will utilize panel antennas configured in two (2) sectors. The antennae in each sector will be a directional transmit antenna (Allgon Enterprise Inc. model #7185) which are planned to be mounted on two monopoles with their radiation center at 20 and 22 feet above grade respectively and directed at 90 (sector A) and 270 (sector C) degrees true north. Technical specifications of the antenna are provided in attachment 2B. The sectorized antennas are designed to transmit with an effective radiated power (ERP) of up to500 watts per sector within a bandwidth between approximately 1,850 and 1,990 MHz. These maximum transmission conditions would also be expected to occur infrequently during normal operations. RF Exposure Measurement Methods The measurements at the subject property were made on the morning of May 7, 1998 utilizing a Holaday Industries model HI -3001 broadband exposure meter with an associated GRE -1 probe. The probe and meter were recently calibrated by the manufacturer with standards traceable to the U.S. National Institute of Standards and Technology (NIST) through report number RF 812111. The Holaday meter senses fields within the frequency range from 0.5 MHz to 6,000 MHz and indicates field strengths in units of VZ/m2. This field strength reading can be converted to an equivalent far field power density in units of pW/cm2 by using an appropriate multiplier. The dynamic range of the instrument is between 0.3 and 2,703 µW/cm2. The data supplied by the manufacturer sets the frequency response of the probes as ± 1 dB and calibration accuracy and isotropicity as ± 0.5 dB each. The probe is isotropic, meaning that it can directly measure the strength of complicated fields independent of the orientation, polarization, or arrival angle. Measurements were made at head height (approx. 6 feet) above the ground at various distances from the transmitting source on the subject property next to and around the antenna location as well as the top edge of the slope and the sidewalk that borders the property. These measurements were made with both PCS turned off and then repeated with both systems turn on and transmitting at their maximum ERP. The probe was swept over approximately ±3 feet to avoid destructive interference thus assuring the highest power density was being measured at a given location. A continuous observation of the power density allowed the location of the maximum power densities to be determined. RF Exposure Standards The two most widely recognized standards for protection against RF field exposure are those published by the American National Standards Institute (ANSI) C95.1 and the National Council on Radiation Protection and measurement (NCRP) report #86. The NCRP is a private, congressionally chartered institution with the charge to provide expert analysis of a variety of issues (especially health and safety recommendations) on radiations of all forms. The scientific analyses of the NCRP are held in high esteem in the scientific and regulatory community both nationally and internationally. In fact, the vast majority of the radiological health regulations currently in existence can trace their origin, in some way, to the recommendations of the NCRP. All RF exposure standards are frequency -specific, in recognition of the differential absorption of RF energy as a function of frequency. The most restrictive exposure levels in the standards are associated with those frequencies that are most readily absorbed in humans. Maximum absorption occurs at approximately 80 MHz in adults. The NCRP maximum allowable continuous occupational exposure at this frequency is 1,000 µW/cm2. This compares to 5,000 pW/cm2 at the most restrictive of the PCS frequencies (-1,800 MHz) that are absorbed much less efficiently than exposures in the VHF TV band. The traditional NCRP philosophy of providing a higher standard of protection for members of the general population compared to occupationally exposed individuals, prompted a two-tiered safety standard by which levels of allowable exposure were substantially reduced for "uncontrolled " (e.g., public) and continuous exposures. This measure was taken to account for the fact that workers in an industrial environment are typically exposed no more than eight hours a day while members of the general population in proximity to a source of RF radiation may be exposed continuously. This additional protection factor also provides a greater margin of safety for children, the infirmed, aged, or others who might be more sensitive to RF 2 exposure. After several years of evaluating the national and international scientific and biomedical literature, the members of the NCRP scientific committee selected 931 publications in the peer-reviewed scientific literature on which to base their recommendations. The current NCRP recommendations limit continuous public exposure at PCS frequencies to 1,000 µ W/cmZ . The current ANSI standard was developed by Scientific Coordinating Committee 28 (SCC 28) under the auspices of the Institute of Electrical and Electronic Engineers (IEEE). This standard, entitled "IEEE Standards for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz" (IEEE C95.1-1990, was issued in April 1992 and subsequently adopted by ANSI in November 1992. The current ANSMEE standard is similar to the current NCRP recommendation for public exposure at PCS frequencies (1,200 µW/cm') for continuous exposure and incorporates the convention of providing for a greater margin of safety for public as compared with occupational exposure. Higher whole body exposures are allowed for brief periods provided that no 30 minute time -weighted average exposure exceeds these aforementioned limits. On August 9, 1996, the Federal Communications Commission (FCC) established a RF exposure standard that is a hybrid of the current ANSI and NCRP standards. The maximum permissible exposure values used to assess environmental exposures are those of the NCRP (i.e., maximum public continuous exposure at PCS frequencies of 1,000 p W/cmZ ). The FCC issued these standards in order to address its responsibilities under the National Environmental Policy Act (NEPA) to consider whether its actions will "significantly affect the quality of the human environment." In as far as there was no other standard issued by a federal agency such as the Environmental Protection Agency (EPA), the FCC utilized their ruelmaking procedure to consider which standards should be adopted. The FCC received thousands of pages of comments over a three-year review period from a variety of sources including the public, academia, federal health and safety agencies (e.g., EPA & FDA) and the telecommunications industry. The FCC gave special consideration to the recommendations by the federal health agencies because of their special responsibility for protecting the public health and safety. In fact, the maximum permissible exposure (MPE) values in the FCC standard are those recommended by EPA and FDA. The FCC standard incorporates various elements of the 1992 ANSI and NCRP standards which were chosen because they are widely accepted and technically supportable. There are a variety of other exposure guidelines and standards set by other national and international organizations and governments, most of which are similar to the current ANSM EEE or NCRP standard, figure one. The FCC standards "Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation" (Report and Order FCC 96-326) adopted the ANSI/IEEE definitions for controlled and uncontrolled environments. In order to use the higher exposure levels associated with a controlled environment, RF exposures must be occupationally related (e.g., PCS company RF technicians) and they must be aware of and have sufficient knowledge to control their exposure. All other environmental areas are considered uncontrolled. (e.g., public) for which the stricter (i.e., lower) environmental exposure limits apply. All carriers must be in compliance with the new FCC RF exposure standards for new telecommunications facilities by October 15, 1997. These standards will also apply retroactively for existing telecommunications facilities on September 1, 2000. 3 RF Exposure Measurement Results With both PCS systems turned off, environmental RF power density measurements at all locations accessible to the public resulted in exposures that were less than 1.0 µW/cm'. With both PCS systems turned on and operating at their maximum ERP, environmental RF power density measurements at all locations accessible to the public resulted in exposures that were also less than 1.0 µW/cmZ except for the area within approximately fifteen feet and directly in front of the antenna where the maximum exposure was 6.2 p W/cmZ. Thus the maximum exposure at any location is approximately one sixth of one percent (0.62 %) of the FCC public safety standards for continuous exposure at PCS frequencies. The maximum exposure at any other location is less than one tenth of one percent (0.1 %) of the FCC public safety standards for continuous exposure at PCS frequencies. PCS radio transmitters, by design and operation, are low-power devices. The maximum exposures measured from this facility, (6.2 pW/cmZ) is approximately 161 times lower than the FCC public exposure standard for these frequencies. A chart of the electromagnetic spectrum and a comparison of RF power densities from various common sources is presented in figures two and three respectively in order to place exposures from PCS telecommunications systems in perspective. It is important to realize that the FCC maximum allowable public exposures are not set at a threshold between safety and known hazard but rather at 50 times below a level that the majority of the scientific community believes may pose a health risk to human populations. Thus the previously mentioned maximum exposure from the site (i.e., 6.2 µW/cm') represents a "safety margin" from this threshold of potentially adverse health effects of more than 8,050 times! Conclusion This site is in full compliance with the FCC standards for RF exposure safety. Given the very low levels of radiofrequency field exposure. and given the evidence on biological effects in a large data base, there is no scientific basis to contend that harmful effects will attend the utilization of this telecommunication facility. This conclusion is supported by a large numbers of scientists that have participated in standard-setting activities in the United States who are overwhelmingly agreed that RF radiation exposure below the FCC exposure limits has no demonstrably harmful effects on humans. These findings are based on my professional evaluation of the scientific issues related to the health and safety of non -ionizing electromagnetic radiation, on-site measurements of RF exposures from this facility, and my analysis of the technical specification as provided by Cox and PBMS. The opinions expressed herein are based on my professional judgement and are not intended to necessarily represent the views of the University of California. Please contact me if you require any additional information. Sincerely, Jerrold T. Bushberg Ph.D.,DAB?P*�,SNM Diplomate, American Board of Medical Physics (DABMP) Diplomate, American Board of Science in Nuclear Medicine (DABSNM) Enclosures: Figures 1-3, Attachment 1, 2A &2B, and Statement of Experience. 4 t 5 a = as vn46? DIDd c 3 0 v E c � o o L CD Zia d F— W co c o r c LU m C a 'F+ Z p a Ey°: s ci Ea O V � � d v CD W v i V CL U) V cc E 0 as W 5 a = as vn46? DIDd 3 0 v c � CD Zia d F— �c¢ c o r LU cc o2u� p 'F+ Z p a Ey°: s ci Ea W V � � 90 � J � c O 40 Z A d v CD W v i V CL U) V cc E 0 as W Ln° z c acu E'' F cl 3� Ca �O � M z ^o t l 1 t ' 1 1 z - ,.., ;T4 56 in, w ; »? h er0 < I t: Ln° z c acu E'' F 0 0 0 0 0 0 0 0 N N kn � tn In Ziva/sjjumojaiW ui ajnsodxa cl 3� Ca �O � M z ^o Ute° z 0 0 0 0 0 0 0 0 N N kn � tn In Ziva/sjjumojaiW ui ajnsodxa Attachment 1 COX & PBMS Site Specifications i>S3en `L aoN 2 7 r �b_i0i i y�j Y Cq _UO J �� % � 60m d EEUtN S LL i U o+� I I I I I I I O,\ �N Z tu mW oC O�f 1112 } �Wa � OWV� w U�� H wz p <,�z f Fv �O w NiJ N 1V W �ma W O Ulnu- / o ,S / LL ?Z( Oi JLL x 113 3 N wtQ / / J1 z�Ddw / OWZ�3IL oI-c�-o Y s p Ya b. r wv wv alV �d a I'M liu- p 0 i N N� c'Iry rX � iLL'� 111 ��zNrn �ioz_uri w rz_h x� ry<aYl �<aW ry<aW h� 0 i N N� <bmi; O U hyo x uj a . _ g j $ LiRCEVN ffi r �o ulU Sw�FMU� � � W ai I p,-2 I ZW A X:Iis J X�IJY ULLI fVry' < 'Ix--�S Z yY1 �Uv� g$ oo"pp`J1�1 J a t�lr-_N ; zw liF�x ^r <X ryta`w 1Z r 4o_w dw Z 0 Q Eul r---'----f--------rr I II W I 1 Ir-__ Ohl II Ili 1 I[_ 1 j� II O I 11 _ 14 1 N 1 1 IIr------rl I ll WAYU} Z � O m N j x i� vl w uw'' O I Z� $ 4 >s 4 X N M M ! ! _ ° « �_ ® �E °\ §LU d 3 � - z z z a—Z i J uj§ 1412 � �-1 �Mu ; 2Z12 pp o` o 4 x ri -)h,3 a o A o J i � $ Z ©� �2 w =b ln� §b 7\ F- /K -,.(a. Lu /% ƒ \ FS � � ] � . " ( § LU in c ° . IL Ll § sn t) ° � $. § $ ¥ - - B 0z , - « u! J) LL, § ZIU ( 00/ ]� § §�] ■ . $ i �2 N assn rA., NOCKv J N g - w r 'o I J - N U F - Z 2 S S ai ai �i cz iK «LL a«a «a o Q N zlu lu Ul Y N NIN z � v � �Jw1 J� 0O 47��j Ult o J p mI W. N .4 J< < < O µ� yW� 0 Q Sl ~ WW WLL ry YW a �Yl G1z pnj I J~lL VJ 1¢L� N 9 X sJ afl q�. f%fIQ ils1�. LLN LL () - xl�„ UOVQ OOV 00 f10�1- 60FF Q�F Q, ry 4 W �i[1 FS rr zUi !n� ztn Ing N (CLLl r0 l�f) f �K `'� 114Y F0.1 V -QX W I x O fl.(Q.W fl<U.W �'(4W �� LL Z i tl � ti i h I m ILI w m z w CC) cx w tz cs (D m W co '4MO& mr� u m ILI w m z w CC) cx w tz cs (D m W Attachment 2A PBMS Antenna Technical Specifications R F Site Build Form PACIFIC©BB-La Woo"e services Ericsson Number Printed on 11/18/97 LA -462-02 Site Name Stubby Site Address 24401 Darrin Drive City Diamond Bar Latitude 34-01-3N Longitude 117-47-30W Pedestal: County Los Angele Zip 91765 Support Ht. 24 Ant. Tip Ht. 23 Ground (AMSC) 903 Structure Type StubMount Parenting BSC CORNCA11 Landlord Address 24401 Darrin Drive Landlord Phone (909)860-2474 Contact Eric or Robin Stone Contact Phone Owners BTS Location Ground Electrical Delivery Basic Transport Equipment _ Electrical Power Number of TRUs 2 Bottom Plate YES Sub -Base Type Compact BTS Type RBS 2102 Compact/Compact outdoor BTS2 Type Cable Lengths Needed: 480 feet 112" Coax 16 731750 17/16 Din Connector, Male for 1/2" ,80 810918-003 1/2" CoaK Cable 8 826032-008 1/2" Superflex jumper, 8 Ft, Male and Male Comments s 734751 7/16 Din Connector, Female for 1/2" 0 826032.003 11/2' Superflex jumper, 3 Ft., Male and Male 8 915870.003 lGrounding kit for 1/2" ,ngineer. Important: The orientations and antenna cannot change because It Is designed to work with another operator. The BTS is changed to :ompact, which was shown Mini in A&E drawing.—Parts: Each antenna will have 2 LNA, 2 112 Inch jumper cables. LNA will be on the pole -5ft above the ground level, each jumper will be about 20ft In length. Additional Components r5. RF Manager CSaiful Hug) LJA„ Pa'jr RF Manager Phone Date 9111197 RF Engineer Changbo Wen RF Eng Phone Office (714) 825-8020 Date 8/27197 LilialW2,= actor # 1 actor # 2 actor # 2 actor # 3 actor # 3 Orientation: 0 90 0 300 0 Rad Center AGC: za I 0 24 0 Antenna Model: RR65-18-020P RRWIB-04DP Electrical Downtilt: 0 2 0 4 0 Mech.Ti(t Bracket 0 0 0 0 0 Antenna Feed: Bottom Bottom Cable Length 1 & 2: 50.50 50, 50 50,50 bo, 50 Cable Dia 1 3 2: 1r2'.11r i r,1rr 112-,1rr 1rr, lrr Ant Jumper: 20 20 20 20 Ant Jumper Dia: 11r 112" 112" 112" Top Tail (S.F.): Bottom Tail (S.F.).* 8 8 8 8 Electrical Delivery Basic Transport Equipment _ Electrical Power Number of TRUs 2 Bottom Plate YES Sub -Base Type Compact BTS Type RBS 2102 Compact/Compact outdoor BTS2 Type Cable Lengths Needed: 480 feet 112" Coax 16 731750 17/16 Din Connector, Male for 1/2" ,80 810918-003 1/2" CoaK Cable 8 826032-008 1/2" Superflex jumper, 8 Ft, Male and Male Comments s 734751 7/16 Din Connector, Female for 1/2" 0 826032.003 11/2' Superflex jumper, 3 Ft., Male and Male 8 915870.003 lGrounding kit for 1/2" ,ngineer. Important: The orientations and antenna cannot change because It Is designed to work with another operator. The BTS is changed to :ompact, which was shown Mini in A&E drawing.—Parts: Each antenna will have 2 LNA, 2 112 Inch jumper cables. LNA will be on the pole -5ft above the ground level, each jumper will be about 20ft In length. Additional Components r5. RF Manager CSaiful Hug) LJA„ Pa'jr RF Manager Phone Date 9111197 RF Engineer Changbo Wen RF Eng Phone Office (714) 825-8020 Date 8/27197 LilialW2,= O o o S O � •.�=•: I g LO to N N O O) 00 00 00 ' N >N \_ Of !16H uli►il 4H. 111NHufH IHIIINHi11NN/1111NH111NH11 _ O' 2U �U a I icy V 1lj O ` ` r 0....s..• n U N ID orIV i O +'•' �. Go m ��9 = . :, . •: � •111111H11114FI 1111/N/1I14N1111111H/1 3 � N oto o ..!.. ;• .1.:: �..�.;• : ;10Ld WZx :. .- o N 2 ` LL.- N I N o C N 0 0 p O I N 8 � N • _ ••, M I > - I O O Go - T N N O O s_ O V V .YO,''•.• 00 co �� 11HIIIi111�/H11/H11 H►1{IIHFIIIIIIHIIIHNFIIIIH►111 r' O IIICCCiii 04 04 0 c In p� AO t70 O 8 = : O OI gypp- •- •• _ I N c - $ i va $ 8 8 o 14- L N •i• r O O �, = O^ 3 •..1111111 M 11111 N1 III Nil 111111111 �O�T pT y c - 8 o" 0X o = _ a N d LL M Q N ppO p N I N O N O N Attachment 2B COX Antenna Technical Specifications HLLUUN LN I LKNK15t, 1311 595 7444 P.02 i A 'G.70N E RPRISES, INC. NA 1� Allgon PCS Antenna 30°, 20 dBi Gain Antenna Type Number 7185.03 Frequency Range 1850-1990 Mhz Polarization linear, vertical Horizontal -3 dB beamwidth 30 degree, Gain 20 dBi Front -to -back ratio >30 dB Vertical -3 dB beamwidth 9 degree Electrical downtilt -2 degree Nominal impedance 50 ohm VSWR <1.3:1 Maximum input power 200 W Intermodulation products <-103 dBm (2 Tx@ 10W) Connector 7-16 lower Height 39.4" 0000 mm) Width 10.4" (265 mm) Depth 2.0" (50 mm) Weight 11 Ib. (5 kg) Survival wind speed 156 mph (70 m/s) Maximum wind area 2.8 sq. ft (0.26 sq. m) Wind load, frontal @ 93 mph 92 Ib. (410N@41.6m/s) Lightning protection all conductive parts DC grounded 7317 Jack Newell Blvd. N Phone: 817/595-5999 Tech Support: 1-888-Aligon 1 Fort Worth, Texas 76118 Fax: 817/595.7999 Sales: 1-888-Allgon 5 may -e-.3-91 11:44A ALLUUN LN I LRPRISES ,LLGON SYSTEM 1340 POST AND PADDOCK SUITE 100 GRAND PRAIRIE, TX 75050 Filename: 718503.GRP Description: 30 degree azimuth 18 dBd Frequency: 1850-1990 MHz 200W 2 edt Polarity: linear, vertical 9 deg. inverted Model Number: 7185.03 (39"x10.5"x2" -12LB) 000 345 015 0 db -10db -20db 285 -30db -40db 270 -30db 2S5 -20db •10db 0 db B 0 B 1 817 595 7444 Date: 05-23-1997 Ph. 214-641-4653 Fax 214-641-2964 180 75 090 05 P. 04 'J 1 1 . - 1, % , L. I'd 1 Lk1 1415L, 811 595 7444 P.05 ALLGON SYSTEM 05-23-1997 1340 POST AND PADDOCK Ph. 214-641-4653 SUITE 100 Fax 214-641-2964 GRAND PRAIRIE, TX 75050 Filename: 718503.GRP Description: 30 degree azimuth 18 dBd Frequency: 1850-1990 MHz 20OW 2 edt Polarity: linear, vertical 9 deg. inverted Model Number: 7185.03 (39"x10.5"x2" -12LB) Buffer 0 0 0 +1 +2 +3 +4 +5 +6 +7 +8 +9 -00.7 -101.6 -02.8 -04.4 -06.5 -09.1 -12.4 -16.1 -18.9 -19.1 10 -18.7 -18.9 -20.4 -22.9 -26.4 -26.0 -21.0 -18.0 -16.0 -14.9 20 -14.6 -14.8 -15.5 -17.0 -19.2 -21.7 -23.5 -22.8 -22.8 -18.7 30 -17.9 -17.6 -17.8 -18.7 -20.7 -22.9 -27.0 -31.1 -28.5 -24.2 40 -21.1 -19.2 -18.3 -17.8 -17.6 -18.3 -18.9 -20.3 -22.3 -24.9 50 -29.7 -34.2 -31.6 -27.0 -23.6 -21.8 -20.3 -19.4 -18.6 -18.2 60 -17.8 -18.1 -18.0 -18.2 -1B.3 -18.9 -19.3 -19.7 -19.7 -20,9 70 -21.3 -22.4 -23.3 -24.4 -25.4 -25.8 -27.5 -27.9 -29.1 -30.8 80 -30.9 -32.0 -33.2 -34.6 -35.1 -38.2 -39.2 -40.0 -40.0 -40.0 90 -40.0 -40.0 -40.0 -40.0 -40.0 -39.4 -40.0 -37.4 -39.8 -36.6 100 -35.5 -35.5 -35.9 -35.4 -34.2 -36.0 -36.7 -35.0 -35.2 -33.9 110 -33.7 -35.7 -34.9 -35.2 -36.4 -34.9 -37.5 -36.2 -38.4 -37.9 120 -38.2 -37.8 -39.1 -40.0 -40.0 -40.0 -40.0 -40.0 -40.0 -39.9 130 -36.7 -39.3 -36.5 -37.9 -40.0 -39.0 -37.7 -40.0 -38.8 -40.0 140 -40.0 -40.0 -40.0 -40.0 -40.0 -40.0 -40.0 -37.0 -40.0 -39.7 150 -38.6 -40.0 -40.0 -40.0 -40.0 -40.0 -37.0 -34.7 -34.8 -37.9 160 -38.3 -40.0 -40.0 -40.0 -40.0 -40.0 -37.2 -37.0 -37.1 -38.8 170 180 -38.6 -38.2 -36.9 -38.3 -35.8 -34.0 -33.1 -33.1 -31.8 -31.1 190 -32.3 -40.0 -33.1 -40.0 -32.2 -40.0 -33.7 -38.6 -34.9 -36.7 -35.1 -40.0 -40.0 -40.0 -40.0 200 •-40.0 -40.0 -40.0 -39.8 -39.4 -36.9 -40.0 -40.0 -40.0 -40.0 -40.0 -40.0 -40.0 210 -40.0 -40.0 -40.0 -39.2 -37.8 -37.9 -36.8 -35.3 -40.0 -35.9 -40.0 -38.2 220 230 -37.2 -36.1 -4:0.0 -34.1 -40.0 -37.0 -40.0 -35.7 -40.0 -40.0 -40.0 -39.9 -38.2 -36.6 240 -34.9 -36.0 -36.2 -39.4 -36.2 -39.3 -38.4 -38.7 -37.3 -40.0 -35.9 -33.9 -36.0 250 -40.0 -3',9.9 -40.0 -38.2 -39.0 -36.3 -34.4 -40.0 -33.3 -40.0 -31.9 -40.0 260 270 -29.9 -3,9.5 -29.0 -28.3 -28.0 -27.4 -26.5 -26.7 -26.7 -31.3 -25.9 280 -25.8 -24.8 -25.4 -2:4.6 -25.6 -23.8 -25.4 -24.3 -26.0 -25.2 -25.2 -25.3 -25.3 -24.8 290 -22.5 -2'2.7 -23.6 -24.8 -23.6 -25.5 -22.7 -26.2 -22.7 -26.1 -22.2 -22.3 -22.3 300 -22.3 -21.7 -21.0 -20.7 -20.0 -20.1 -20.3 -25.8 -20.3 -24.5 -20.4 -23.3 310 320 -21.3 -24.6 -22.3 -22.6 -24.0 -25.3 -25.7 -25.8 -25.6 -25.4 -20.6 -24.7 330 -16.8 -24.8 -16.4 -26.0 -16.3 -26.0 -16.6 -26.4 -25.3 -23.4 -21.0 -19.2 -17.8 340 -13.0 -11.3 -10.2 -09.8 -18.1 -09.7 -19.3 -10.3 -21.3 -11.8 -20.6 -17.9 -15.1 350 -13.3 -08.9 -06.0 -03.8 -02.2 -01.1 -00.4 -14.6 00.0 -19.1 -19.1 00.0 -00.2 .."-w `- - 1 1 . d %L -UUI4 L- IA 1 LI<1 Ill JL"I t11 / `J`jb 1444 P. O6 Buffer 1 0 +1 +2 +3 +4 +5 +6 +7 +8 +9 0 00.0 00.0 00.0 -00.1 -00.2 -00.3 -00.5 -00.6 -00.8 -01.0 10 -01.3 -01.6 -01.9 -02.2 -02.6 -02.9 -03.4 -03.8 -04.3 -04.8 20 -05.4 -06.0 -06.7 -07.4 -08.2 -09.0 -09.9 -10.8 -11.8 -13.0 30 -14.4 -15.6 -17.1 -18.6 -19.6 -20.5 -20.9 -20.5 -19.9 -19.0 40 -17.9 -17.2 -16.6 -15.9 -15.1 -14.9 -14.2 -13.9 -13.6 -13.5 50 -13.3 -13.1 -13.0 -12.9 -12.8 -12.8 -12.8 -12.9 -13.0 -13.1 60 -13.2 -13.3 -13.5 -13.6 -13.6 -14.0 -14.3 -14.4 -14.7 -14.8 70 -15.0 -15.4 -15.7 -16.1 -16.3 -16.5 -16.6 -16.9 -17.5 -17.6 80 -17.7 -18.2 -18.9 -19.3 -19.0 -19.3 -19.5 -20.2 -20.7 -20.7 90 -20.4 -21.2 -21.5 -21.9 -22.4 -22.0 -22.3 -22.9 -23.2 -23.9 100 -24.1 -23.7 -23.9 -24.8 -24.6 -24.6 -24.6 -24.8 -25.0 -25.4 110 -25.6 -25.7 -26.2 -26.0 -25.8 -26.8 -26.8 -26.7 -27.1 -27.3 120 -27.1 -27.7 -29.0 -28.0 -28.9 -29.9 -29.4 -29.7 -31.4 -31.5 130 -30.8 -31.0 -31.2 -32.0 -32.1 -32.8 -32.1 -34.1 -34.3 -33.8 140 -33.3 -33.1 -34.2 -31.8 -32.1 -32.9 -31.8 -32.3 -31.6 -32.4 150 -33.2 -32.6 -32.0 -31.9 -32.4 -31.8 -33.4 -32.5 -32.3 -35.2 160 -33.8 -34.6 -34.8 -37.5 -35.2 -35.4 -34.7 -38.4 -34.6 -36.1 170 -35.6 -34.1 -32.0 -32.1 -34.1 -33.7 -33.2 -32.4 -31.5 -32.7 180 -31.5 -31.1 -32.0 -32.6. -32.1 -33.6 -34.4 -34.0 -33.8 -34.9 190 -35.1 -33.6 -33.2 -37.5 -37.2 -36.8 -35.2 -35.0 -37.1 -38.3 200 -35.5 -35.6 -35.1 -33.5 -33.3 -34.2 -34.4 -31.5 -30.9 -33.1 210 -33.7 -33.2 -34.2 -34.6 -33.9 -36.2 -35.2 -35.2 -36.1 -34.7 220 -35.8 -33.4 -36.1 -36.7 -35.2 -37.1 -35.7 -33.9 --33.9 -33.0 230 -33.0 -32.1 -31.6 -31.4 -31.0 -30.1 -30.8 -29.2 -29.3 -29.9 240 -31.1 -29.7 -28.6 -28.6 -28.5 -28.7 -28.2 -28.0 -28.0 -27.2 250 -27.0 -26.6 -26.6 -26.0 -26.1 -25.7 -25.8 -25.3 -25.1 -25.4 260 -24.2 -24.5 -24.2 -23.9 -23.2 -23.5 -23.8 -23.0 -22.9 -21.7 270 -22.1 -21.7 -20.9 -20.9 -21.0 -20.0 -20.0 -19.6 -19.7 -19.3 280 -18.9 -18.7 -18.2 -17.9 -17.7 -17.2 -16.9 -16.8 -16.4 -16.2 290 -15.9 -15.6 -15.3 -15.3 -14.9 -14.6 -14.4 -14.2 -14.1 -13.7 300 -13.9 -13.5 -13.7 -13.6 -13.5 -13.6 -13.8 -13.6 -13.8 -14.1 310 -14.4 -14.5 -15.1 -15.4 -15.6 -16.3 -17.1 -18.0 -18.4 -19.6 320 -20.7 -21.8 -22.5 -23.3 -22.3 -21.2 -19.4 -17.8 -16.6 -14.8 330 -13.5 -12.5 -11.3 -10.1 -09.4 -08.5 -07.8 -07.0 -06.3 -05.7 340 -05.1 -04.5 -04.0 -03.5 -03.1 -02.8 -02.4 -02.0 -01.7 -01.4 350 -01.2 -00.9 -00.8 -00.6 -00.4 -00.3 -00.2 -00.1 00.0 00.0 STATEMENT OF EXPERIENCE Jerrold Talmadge Bushberg, Ph.D., DAMP, DABSNM PRESENT APPOINTMENT Clinical Associate Professor, Department of Radiology School of Medicine Director, Health Physics Programs Department of Environmental Health & Safety University of California, Davis EDUCATION 1981 Ph.D. 1979 U.S. Department of Energy National Training Fellowship 1978-1980 M.S. 1971-1975 B.S. DOCTORAL DISSERTATION PRESENT ADDRESS University of California, Davis 2315 Stockton Boulevard Sacramento, CA 95817 (916)734-5620 (work) (916) 734-3956 (fax) jtbushberg@ucdavis.edu (e-mail) Radiological and Health Physics, Purdue University Department of Bionucleonics Yale University, Department of Radiology and Mayo Clinic Departments of Health and Medical Physics Radiological Physics Purdue University; Department of Bionucleonics Physiology University of California, Davis Effect of 2450 MHZ Continuous Wave Microwave Radiation and Isothermal Conduction on Canine Platelet Aggregometry, Survival and Margination. Purdue University, 1981. LICENSURE AND CERTIFICATION Diplomate, American Board of Medical Physics. Certification in Medical Health Physics, 1991. Diplomate, American Board of Medical Physics. Certification in Nuclear Medicine Physics, 1991. Diplomate, American Board of Science in Nuclear Medicine. Comprehensive and Specialty Certification in Health Physics and Radiation Biology, 1990. International Healthcare Safety Professional Certification Board International Institute of Safety and Health, 1981 PROFESSIONAL EXPERIENCE - SUMMARY 1992 -Present Clinical Associate Professor, Department of Radiology, School of Medicine, Director of Health Physics Programs, Department of Environmental Health £r Safety, University of California, Davis 1995 -Present Commander/Radiation Science Officer & Command Technical Advisor United States Naval Reserve Medical Services Corps Office of the Chief of Naval Research (CBRD 120) 1983 -Present Consultant, Radiological Emergency Management, Department of Diagnostic Radiology £r Emergency Medicine Yale University School of Medicine 1991-1994 Lieutenant Commander/Radiation Science Officer United States Naval Reserve, Medical Service Corps 1991-1992 Clinical Associate Professor, Technical Director of Nuclear Medicine, School of Medicine, UCD and UCDMC Radiation Safety Officer, University of California, Davis 1988-1992 Chairman, Advisory Committee on Nuclear Emergency Planning Executive Appointment: Governor George Deukmejian, State of California 1989-1991 Clinical Associate Professor, Technical Director of Nuclear Medicine and UCDMC Radiation Safety Officer, School of Medicine, University of California, Davis 2 1984-1990 Lieutenant/Radiation Science Officer United States Naval Reserve, Medical Service Corps 1983-1989 Assistant Professor, Technical Director of Nuclear Medicine, and UCDMC Radiation Safety Officer, School of Medicine University of California, Davis 1982-1984 Adjunct Faculty -Consultant Emergency Management Institute Federal Emergency Management Agency National Emergency Training Center 1981-1983 Assistant Professor Section of Nuclear Medicine Department of Diagnostic Radiology Yale University School of Medicine 1981-1983 Advisor, Radiological Health and Emergency Response Office of the Governor, State of Connecticut 1979-1983 Consultant, Health Effects Branch Office of Nuclear Regulatory Research U. S. Nuclear Regulatory Commission 1979-1981 Graduate Instructor - Academic Advisor Department of Bionucleonics Purdue University 1978-1979 Radiological Control Intern Department of Bionucleonics Purdue University 1977-1978 Lecturer - Senior Research Associate Section of Nuclear Medicine Yale University School of Medicine 1975-1977 Instructor -Staff Research Associate II Departments of Chemistry and Nuclear Medicine Stanford University and V. A. Medical Center Palo Alto, California 1975 Staff Research Associate I Departments of Chemistry and Nuclear Medicine Stanford University and V. A. Medical Center Palo Alto, California 3 STATEMENT OF QUALIFICATION Dr. Jerrold Bushberg is an expert in both health physics and medical physics. He is currently employed at the University of California at Davis as Director of Health Physics Programs which includes the campus, medical center and 16 offsite research field stations throughout California. The UCD Health Physics program is the second largest non-federal program in the state. In addition, he also holds an appointment as an Associate Clinical Professor of Radiology, at the UC Davis School of Medicine with primary responsibility for medical postgraduate courses in medical physics, radiation (ionizing and non -ionizing) protection, and radiation biology. In addition, Dr Bushberg has extensive experience and lectures on the science of Risk Assessment and on Effective Risk Communication in the public sector. Dr. Bushberg's doctoral dissertation at Purdue University was on various aspects of the biological effects of microwave radiation. He has maintained a strong professional interest in this subject and has served as consultant or appeared as an expert witness on this subject to a wide variety of organizations/institutions including, local governments, school districts, and planning departments, telecommunications companies, the California Public Utilities Commission, ABC 20/20, and the U.S. Congress. Dr. Bushberg is a member of the Institute of Electrical and Electronics Engineers (IEEE) Scientific Coordinating Committee 28 which reviews and evaluates the scientific literature. on the biological effects of non -ionizing electromagnetic radiation and establishes exposures standards. Dr. Bushberg was appointed and is serving as a member of the National Council on Radiation Protection and Measurement's (NCRP) scientific advisory committee on Radiation Protection in Medicine. The NCRP is the nation's preeminent scientific radiation protection organization, charted by congress to evaluate and provide expert consultation on a wide variety of radiological health issues. Dr. Bushberg's position as Director of Health Physics Programs at UC Davis is particularly pertinent. The scientific discipline of Health Physics is devoted to radiation protection, which, among other things, involves providing analysis of research, regulations and standards as well as recommendations regarding the use and safety of ionizing and non -ionizing radiation. Dr. Bushberg is the senior scientist / health physicist at the University of California, Davis for which the evaluation of recent scientific literature and radiation safety standards is an integral part of his position. Dr. Bushberg received both a Masters of Science and Ph.D. from the Department of Bionucleonics at Purdue University. Dr. Bushberg is certified by several national professional boards with specific sub -specialty certification in radiation protection and medical physics. Prior to coming to the University of California, Davis, Dr. Bushberg was on the faculty of Yale University School of Medicine. 4 MOREY/SEYMOUR & ASSOCIATES GOVERNMENTAL RELATIONS LAND USE CONSULTANTS August 5, 1998 Mr. James De Stefano Deputy City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Dear Mr. De Stefano: Pursuant to the request by the City of Diamond Bar, we are forwarding to you a review of the report for RF exposure safety prepared by Jerrold T. Bushberg, Ph.D. relative to the Pacific; Bell Module Services (PBMS) and COX Communication sites located 24401 Darrin Drive. The review was prepared by Joie P. Jones, Ph.D., Professor of Radiological Studies at the University of California, Irvine. Dr. Jones was asked to look at the following: • Evaluate the Bushberg report to ensure accuracy. • Review Dr. Bushberg's calculations and evaluate his measurements of RF exposure to ensure consistency with site and equipment specifications and computer models. • Ensure that Dr. Bushberg's calculations relating to maximum RF exposure are correct. • Review Dr. Bushberg's analysis to determine if the subject site will provide RF exposures above FCC limits and have a negative impact on surrounding areas. • Assess Dr. Bushberg's report to see if he clearly defines FCC and ANSI RF exposure standards. For your information, we have attached Dr. Jones' background. Please feel free to contact me if you have any questions regarding this review. We appreciate your allowing Morey/Seymour & Associates the opportunity to assist the City of Diamond Bar. Sincerely, dJee A. sJe y ymour att. 233 WILSHIRE BOULEVARD, SUITE 290, SANTA MONICA, CALIFORNIA 90401 • (310) 587-3456 9 FAX (310) 587-3284 UNIVERSITYOF CALIFORNIA. IRVINE BERKELEI • DAVIS • IRVINE • LOS ANGELES • RIVERSIDE • SAN DIEGO UCI College of Medicine Department of Radiological Sciences Division of Physics and Engineering Jeffrey Seymour Morey - Seymour Associates 233 Wilshire Blvd. #290 Santa Monica, CA 90410 FAX: 310-587-3284 Dear Jeff, SAN FRANCISCO A SANTA BARBARA •1eea Med Sci I B 140 Irvine. CA 92697-5000 (949)824-5904 SANTA CRIT August 4, 1998 In accordance with our agreement, I have carefully reviewed the report you gave me written by Dr. Jerrold Bushberg. This report, addressed to Plancom Inc. and dated May 15, 1998, concerns two telecommunications sites located on the Phillips Ranch property at 24401 Darrin Drive in Diamond Bar, California. My detailed review of this report completes your Subtask 2.1. Dr. Bushberg actually experimentally measured the RF exposure at the site in question (on May 7, 1998). Although I have not repeated these experiments, Dr. Bushberg's experimental method certainly appears to be appropriate for the situation. In addition, the measured background levels (i.e., with the telecommunications equipment at the site turned off) of below 1.0#W/cm 2 are typical of what I would expect for this area. With the telecommunications equipment at the site turned on and operating at its maximum power, Dr. Bushberg still found power density levels to be below 1.0 uW/cm2 at all locations accessible to the public. At a point of 15 feet directly in front of the antenna, Dr. Bushberg measured the maximum exposure level of 6.2 uW/cm2 . Using the site specifications and the antenna radiation patterns given in Dr. Bushberg's report, I have calculated identical values for both the maximum exposure level( 6.2 juW/cm2 ) and for the maximum level in areas accessible to the public (below 1.0 uW/cm2 ). Thus, Dr. Bushberg's measurements of the RF exposure produced by the site are consistent with the site specifications, the equipment specifications, and a computer model of the radiation pattern. This completes your Subtask 2.2. In his report, Dr. Bushberg provides a very clear and accurate description of FCC and ANSI standards relating to telecommunications facilities. He has also applied these standards to his RF exposure measurements at the site. I have checked these calculations and comparisons and have found them to be correct Thus, the maximum exposure from this site is 161 times lower than that allowed by the FCC. The maximum exposure from this site in areas accessible to the public is almost 1000 times lower than that allowed by the FCC. This completes Subtask 2.3. From Dr. Bushberg's report and my review of his report it is clear that the site in question is well within the bounds set by the FCC and that no area or region associated with the site or near the site would, under any circumstances, produce RF exposures over the ]FCC limits. Thus, the site has little or no impact on surrounding land uses. However, if other telecommunication sites are proposed in the immediate vicinity, a reevaluation would probably be in order to insure that FCC standards are still maintained. Clearly, many additional telecommunication sites could be added in the area without exceeding the FCC limits for exposure. This completes Task 3.0. In his report, Dr. Bushberg clearly defines RF exposure standards set by the FCC and by ANSI. He then compares these standards with his RF measurements made at the site. The RF power densities produced by this site are well within FCC and ANSI standards at all possible locations. This completes Task 4.0. In conclusion, I believe that Dr. Bushberg has produced an accurate analysis for the site in question. I am in complete agreement with his analysis and his conclusions. Should you have any further questions please feel free to contact me at your convenience. Sincerely, Koie.es Radiological Sciences April 1997 Biographical Data Sheet Joie Pierce Jones Joie Pierce Jones was born in Brownwood, Texas on March 4, 1941. He attended public schools in Abilene, Texas and graduated from Abilene High School in 1959. He received the B. A. degree from the University of Texas at Austin in 1963 with a concentration in liberal arts and mathematics. In 1965, he received the M. A. degree in applied mathematics from the same institution. He received the Ph.D. degree in physics from Brown Universih, in 1970. As an undergraduate, he worked summers at the Jet Propulsion Laboratory of the California Institute of Technology. While a graduate student and Research Assistant at Brown, he was also Special Lecturer in Physics at Providence College. From 1970 to 1975, Dr. Jones was associated with the consulting firm of Bolt, Beranek, and Newman, Inc.. Cambridge, Massachusetts. At BBN, he was a Senior Scientist and served as Market Leader for medical ultrasonics. While at BBN, Dr. Jones was also a Special Lecturer at Harvard Medical School (in radiology), and an Assistant Adjunct Professor at Harvard University (in applied mathematics). From July 1975 to July 1977, Dr. Jones was associated with Case Western Reserve University, Cleveland, Ohio. He was Associate Professor of Biophysics and Director of the Ultrasonics Research Laboratory at the School of Medicine and had a joint appointment in the Department of Biomedical Engineering Since July 1977, Dr. Jones has been a Professor of Radiological Sciences at the University of California Ii ine. He served as Director of the Graduate Program in Radiological Sciences from 1977-1982 and 1984-1991 _ In high school, he won first place in the National Science Fair for designing and constructing a solid propellant rocket which carried radiation measuring equipment to an altitude of 52 miles—still a world record for an amateur rocket. At the Universitv of Texas, he was elected to membership in Phi Beta kappa, Phi Eta Sigma, and Sigma Xi. He was also named a Junior Fellow of the University of Texas and was elected by the student body to serve in the Student Assembly. Currently, Dr. Jones is active in a number of professional organizations and is on the editorial board of Ultrasound in Medicine and Biology. He is a Fellow of the American Institute of Ultrasound in Medicine. Dr. Jones served as founding President of the Orange County Chapter of the Acoustical Society of America. President of UCl Theater Guild. and President of the Laguna Beach Chamber Music Society. He is on the Board of Governors of the California Wine and Food Society. Dr. Jones also serves as a consultant in acoustics, ultrasonics, medical imaging, and science in general, to a number of private corporations and government agencies. He was a founding general partner for Computer Science Systems (1978 -), Of Food and Wine (1982 -), Meditherm Associates Ltd. (1983 - 1985), Spar Technologies (1987 -1990), and Surgisonics (1991 -). Dr. Jones was appointed by President Carter to the Presidential Science and Technology Advisory Committee which met regularly at the White House during President Carter's term of office (1977-1981). Dr. Jones' list of publications contains over 200 items, including 3 books and 15 patents. A recent book (Z. H. Cho, J. P. Jones, M. Singh, Foundations of Medical Imaging, Joan Wiley and Sons, 1993) has become a standard graduate level text. Dr. Jones has a wide range of professional interests which include medical ultrasonics, medical imaging, ultrasonic tissue characterization, acoustical microscopy, general applications of ultrasound technology, the physiological effects of electromagnetic and ultrasound irradiation, nonlinear acoustics, the popularization of science and technology, and studies of the relationships between science, technology, and society. FILE No. 938 07/29 '98 09:26 ID:PBMS-Ct1 714 825 8181 PNGE 2 CTTY OF D1f" 4OND DAR t .w C0mml. Nm DAV51."mi M' D"AATMBNT FPL l 11d601, Copley Wvs suits 190 Depws -- 410 (909)3Wd76 pas (W)l111-3117 It WWW, C0NDTPi01YAL USE ygRh T AP>P1.ICATI0N BY Deb I1ao'd Record Owner Nam* Agg3:�. Rxj_A_UbAp (Lyrt acne ml) ��.,, 24401 Dassin pr. Car 01 gand Zp-11 7 61 PAone( 4Q -860-1 Z4—_ A0pa.onr Applisat's Apeat paaiiie 8e11 Mobile Svc&. Ca"ev Chiu i Jerry Ambtrosa Vdem Ina j i< JW Consult:. (�suao I (t.++t aatno MP) 252t ltiabellR itr. Sod tlr. 2521 "Icbe11• Dt• 2a4 FIs. 19200 Von XAEM f100 A...1_?0 CrmW°tt prtoe -Tustin, CA Tuative CA Irvim . CA ...rGolette f 612 93117 93117 716-73- "-416 714-7311-7418 NOTV4 b 10# Ecorse'# 1"poes&3jgy m oottgr W Cemmanity Dawiopoau Duoetor is WA66 of SOY atuoss of +hs pri wipaia Mvelv00 mAns on pm""ing of" case. (AC& A saps W. Unceesary. including n:rtw. td "mass. and alaaatvrcs of ownbers of portacritupr, joint veaaur"' WW di�dors of rat' Coeltre s shat l o+ut •y N dote ' r propeu�p► end pinnU pu W09f4 — flueA '„�, (Ail o wnsr7) Crrli/ltariao: 1, the voldsriltnr', hereby eemo WnJrrpreotay gl perjury OW the Wmmar(us herrb provided It correct to Ar 140a/m.1 knewU41d. plias Name, _ rver Chtu j Jerry Amb ere - r A�aot) LC Siraod Dsts f S�9a (App or Afeat) %4 �/. /4e Locatica 24401 Dartin Dtlys # Dia___ d Bar (Street 4ddr•rs� of tmot tall lot number) zoois1 It -4 10.000 f1.YM Previous Gres C1Jp 96-10 Dt 96.09 _ _ prawn# Use or Sit- single Yea11p Be Identiel. open spree, toIRCOMutticat:lung facility Usd Ipplied rot To caonvery Csspot4ri pats taeili,c�► iwto� eppro�.ed CU facility (at v3re1996 com►alcation puriooas• - w Project Sic WOO tern)3_ 501 gam_ p'rejaet deeaity INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner e SUBJECT: Variance No. 97-1 and Development Review No. 98-6 DATE: July 31, 1998 The referenced project is a request to approve the installation of an off-site freeway oriented sign for Denny's and Chevron. The project was presented to the Planning Commission on May 26, 1998. At that time, the applicant requested a public hearing continuance to August 11, 1998. The Commission granted the continuance. In a correspondence dated July 30, 1998, the applicant is requesting the project's withdrawal. Attachment: 1. Correspondence dated July 30, 1998 from RFA. . ARCHITECTURE ENGINEERING LAND PLANNING July 30, 1998 City of Diamond Bar Ms. Anne Lungrin 21660 East Copley Drive Suite 190 Diamond Bar, CA. 91765-4177 RE: Chevron Service Station #9-4524 21324 Pathfinder Road, Diamond Bar, CA. Application Number: (VAR) 97-1 Dear Ms. Lungrin: As applicants for Chevron Products Company, we request the above referenced Planning Commission item to be withdrawn. Chevron is not interested in pursuing this application any further. We appreciate the efforts the City of Diamond Bar has made in working with Chevron on this application. If there are any questions or concerns in regards to this request please contact me at (714) 938-6090. Sincerely, Ted Grove Sr- Project Manager I cc: Mark Urban - Chevron Products Company Donna Chessen - Chessen & Associates File Callifornia 2050 South Santa Cruz Ave., Suite 2100, Anaheim, CA 92805 (714) 938-6090 Fax: (714) 938-0105 Arizona 10105 E. 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