HomeMy WebLinkAbout8/25/1998C1
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PLANNING
COMMISSION
AGENDA
AUGUST 25, 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
Toe McManus
Steven Tye
George Kuo
Steve Nelson
Toe 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 II of the Americans with Disabilities Act of 1990, the
City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accomodation(s) in order to communicate at a City public meeting must inform the Dept. of Community &
Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting.
RNAWMAGEND&GED
Please refrain from smoking, eating or drinking
in tke 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:OOa.m. and S:OOp.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&i.diamond-bar.ca.us
PLANNING COMMISSION
CITY OF DIAMOND BAR
" Tuesday, August 25, 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 Speaker's Card for the recording Secre Ly (Completion
of this form is voluntarv). There is a five minute maximum time limit when addressing the Planning
Commussion.
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 August 11, 1998
5. OLD BUSINESS:
5.1 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, unmanned, wireless telecommunication
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 approve the 3
year extension of time for Conditional Use Permit No. 96-10(1) and Development Review
No 96-9(1), Findings of Fact, and conditions as listed within the attached resolution.
6. NEW BUSINESS: Joint Meeting with the City Council
7. CONTINUED PUBLIC HEARING: None
8. PUBLIC HEARING: None
9. PLANNING COMMISSION COMMENTS:
10. INFORMATIONAL ITEMS:
11. SCHEDULE OF FUTURE EVENTS:
DIAMOND BAR NIGHT AT THE QUAKES - August 26, 1998 - Bus Pickup - 5:15 p.m., in
front of City Hall - 7:15 p.m., Quake Stadium
PARKS & RECREATION COMMISSION - Thursday, August 27, 1998 - 7:00 p.m. -
SCAQMD Board Hearing Room, 21865 E. Copley Drive.
CITY COUNCIL - Tuesday, September 1, 1998 - 6:30 p.m. - SCAQMD Auditorium, 21865 E.
Copley Drive
TELECOMMUNICATIONS TASK FORCE - Wednesday, September 2, 1998 - 6:30 p.m. -
SCAQMD Auditorium, 21865 E. Copley Drive - Room CC -8
LABOR DAY HOLIDAY - City Offices will be closed Monday, September 7, 1998 in observance
of Labor Day. Offices will reopen Tuesday, September 8, 1998.
PLANNING COMMISSION MEETING - September 8, 1998 - 7:00 p.m. - SCAQMD
Auditorium, 21865 E. Copley Drive
TRAFFIC & TRANSPORTATION - Thursday, September 10, 1998 - 7:00 P.M. - SCAQMD
Board Hearing Room, 21865 E. Copley Drive.
JOINT MEETING WITH THE CITY COUNCIL - Tuesday, September 15, 1998 - 4:00 - 6:00
p.m. - SCAQMD, 21865 E. Copley Drive - Room CC -8
12. ADJOURNMENT: September 8, 1998
6
r
TES OF THE CITY OF DIAMOND BAR
AfIREGULARUMEETING OF THE PLANING OMMISSION
DRAUGUST 11, 1998
CALL TO ORDER: <
Chairman McManus called the meeting to order at 7:03 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 Commissioner Kuo.
ROLL CALL:
Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners
George Kuo and Joe Ruzicka.
Absent: Commissioner Steve Nelson
Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner,
Assistant City Attorney Bill Rudell and Recording Secretary Carol Dennis.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As submitted.
CONSENT CALENDAR:
1. Minutes of July 14, 1998.
C/Kuo asked that Commissioner Lin be changed to Commissioner Kuo at the bottom
of Page 3.
C/Ruzicka moved, C/Kuo seconded, to approve the minutes of July 14, 1998 as
corrected. Motion carried with the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
OLD BUSINESS: None
NEW BUSINESS: None
Kuo, Ruzicka, VC/Tye,
Chair/McManus
None
Nelson
AUGUST 11, 1998
CONTINUED PUBLIC HEARING:
PAGE 2
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, 42100
Anaheim, CA 92805
Property Owner: Denny's Restaurant
21316 Pathfinder Road
Diamond Bar, CA 91765
AstP/Lungu presented staffs report. Staff recommends that the Planning Commission
receive and file the applicant's request for withdrawal of the project.
C/Ruzicka moved, C/Kuo seconded, to receive and file the applicant's request for
withdrawal of the project. Motion carried .
PUBLIC HEARING:
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, unmanned, wireless
telecommunications facility.
Property Location
Property Owner:
24401 Damn Drive
Diamond Bar, CA 91765
Eric and Robin Stone
24401 Damn Drive
Diamond Bar, CA 91765
Applicant: Pacific Bell Mobile Services
2521 Michelle Drive, 2nd Floor
Tustin, CA 92780 and,
Cox/Sprint PCS
18200 Von Karman #100
Irvine, CA 92612
AstP/Lungu presented staffs report. Staff recommends that the Planning Commission
consider the options outlined in the staff report for Conditional Use Permit No. 96-10
AUGUST 11, 1998
PAGE 3
(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.
C/Tye asked why the Planning Commission would not approve Conditional Use
Permit No. 96-10(1) and Development Review No. 96-9 (1) and why staff has
recommended options for approval.
AstP/Lungu explained that in the absence of and depending upon the approved
wording of the pending Telecommunications Ordinance, the Planning Commission
may be approving a non -conforming use.
DCM/DeStefano explained that this project is unique in comparison to the 18 other
approved telecommunications projects located in the City because it is located within
a residential zone. He reminded the Commission that it was this project that triggered
the moratorium. DCM/DeStefano explained that staff believes that no findings exist
to deny. The applicants have complied with all conditions set forth by the City
Council.
Responding to C/Kuo, DCM/DeStefano explained that staff is recommending a three
year extension. He estimated that the Telecommunications Ordinance may be
approved and in effect by the second quarter of 1999. Should the project become
non -conforming as a result of the new ordinance, the applicant would be provided
reasonable notice and time to correct the nonconformity and/or remove the project.
Staff has received no complaints or comments regarding this project since its
approval.
Carver Chiu, applicant, asked the Planning Commission to grant a three year
extension in the event that the new Ordinance renders the facility obsolete which
would require additional time to remove the facility and secure a new location.
Chair/McManus opened the public hearing.
There was no one present who wished to speak on this item.
Chair/McManus closed the public hearing.
C/Ruzicka moved, C/Kuo seconded, to direct staff to prepare a Resolution extending
the approval of the use for three additional years. Motion carried with the following
roll call vote:
AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Tye,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Nelson
PLANNING COMMISSION COMMENTS: None
AUGUST 11, 1998 PAGE 4
INFORMATIONAL ITEMS: DCM/DeStefano, in response to a memorandum from the City
Manager, asked if the Planning Commissioners would be available for a joint meeting with the City
Council. The Planning Commission concurred to agree to a joint meeting and asked that
DCM/DeStefano advise potential meeting dates.
DCM/DeStefano stated that the City Council's continued SunCal project public hearing workshop
will be held on August 18, 1998 to consider a project entirely within Lot 6. City Council is scheduled
to have second reading of the proposed Development Code in September. He reported that Standard
Pacific project sales have been brisk. There are approximately 30 units under construction, 15 of
which have been sold at an average sales price of $505,000. At its August 4, 1998 meeting, the City
Council approved an encroachment permit to allow for a landscaping feature and water element to
be constructed at the corner of Diamond Crest Lane and Brea Canyon Road consistent with an
application approved by the Planning Commission in early 1998.
SCHEDULE OF FUTURE EVENTS as listed in the agenda.
ADJOURNMENT:
C/Ruzicka moved, VC/Tye seconded, to adjourn the meeting. There being no further business to
come before the Planning Commission, Chair/McManus adjourned the meeting at 7:45 p.m. to
August 25, 1998.
Respectfully Submitted,
James DeStefano
Secretary to the Planning Commission
Attest:
Joe McManus
Chairman
r
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner (�--
SUBJECT: Resolution No. 98-18 for Conditional Use Permit
No. 96-10 (1) and Development Review No. 96-9 (1)
DATE: August 20, 1998
At the August 11, 1998 Planning Commission meeting, the Commission
directed staff to prepared a resolution for the referenced
project. Attached is the draft resolution allowing the continued
operation of an existing telecommunication facility for 36 months.
RECOMMENDATION:
It is recommended that the Planning Commission review and adopt
Planning Commission Resolution No. 98-18 with the listed findings
of facts and conditions therein.
Attachment:
Draft Resolution No. 98-18
PLANNING COMMISSION
RESOLUTION NO. 98-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING FOR THIRTY-SIX
MONTHS, CONDITIONAL USE PERMIT NO. 96-10 (1)
AND DEVELOPMENT REVIEW NO. 96-9 (1), A REQUEST
TO CONTINUE THE OPERATION OF AN EXISTING CO -
LOCATED, UNMANNED, WIRELESS TELECOMMUNICATION
FACILITY LOCATED AT 24401 DARRIN DRIVE,
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owners, Eric and Robin Stone and applicants,
Pacific Bell Mobile Services and Cox/Sprint PCS have
filed an application requesting approval of Conditional
Use Permit No. 96-10 (1) and Development Review No. 96-9
(1) in order to continue the operation of an existing co -
located, unmanned, wireless telecommunication facility.
The project site is located at 24401 Darrin Drive (Lot 51
of Tract No. 42584), Los Angeles County, California, as
described above in the title of this Resolution.
Hereinafter in this Resolution, the subject request 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 No. 97-6) approving Conditional Use Permit No.
96-10 and Development Review No. 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, the
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
Conditional Use Permit No. 96-10 and Development Review
No. 96-9 for a period of twelve months. The City Council
adopted Resolution No. 97-58 approving Conditional Use
Permit No. 96-10 and Development Review No. 96-9 on
August 5, 1997.
4. The Planning Commission of the City of Diamond Bar on
August 11, 1998 conducted a duly noticed public hearing
on the Application. On August 11, 1998, the Planning
Commission directed staff to prepare a resolution
approving the extension of Conditional Use Permit No. 96-
10 and Development Review No. 96-9 for a period of
thirty-six months to be considered at the August 25, 1998
Planning Commission meeting.
5. Notification of the August 11, 1998 public hearing for
this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers on
July 22, 1998. Approximately 322 property owners within
a 500 foot radius of the project site were notified by
mail on July 21, 1998.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act of 1970, as amended,
and the guidelines promulgated thereunder, pursuant to
Section 15303 (e) of Article 19 of Chapter 3 of Division
13 of Title 14 of the California Government Code of
Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
2
(a) The Application relates to a project approved by the
City Council on August 5, 1997. The approval
allowed the installation of a co -located, unmanned,
wireless telecommunication facility for twelve month
at 24401 Darrin Drive, Diamond Bar, CA 91765.
(b) The project site has a General Plan Land Use
designation of Low Density Residential -Maximum 3
Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned
Single Family Residential -Minimum Lot Size -10,000
Square Feet (R-1-10,000).
(c) Generally, the following zone and use surround the
project site: to the north is the Pomona (60)
Freeway; and to the south, east and west is the
Single Family Residential -Minimum Lot Size -10,000
Square Feet (R-1-10,000) Zone.
(d) The request to continue the operation of the
existing co -located, unmanned, wireless
telecommunication facility does not alter the
findings, project's design, development standards or
conditions of approval set forth in City Council
Resolution No. 97-58.
5. Based on the findings and conclusions set forth above,
the Planning Commission hereby approves the Application
subject to the following conditions:
(a) The project shall substantially conform to plans
collectively labeled Exhibit "A", dated August 11,
1998, as submitted and approved by the Planning
Commission.
(b) The site shall be maintained in a condition which is
free of debris both during and after the con-
struction, 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) All conditions of approval listed within City
Council Resolution No. 97-58 shall remain in full
force and effect unless amended as a part of this
action.
(d) In order to guarantee the continuing health and
maintenance of the required landscaping, the
$24,000.00 performance bond, submitted by the
3
applicants, shall remain in full force and effect
until this grant expires.
(e) The $10,000.00 bond that guarantees the removal of
the facility and the restoration of the site to a
condition acceptable to the Deputy City Manager
shall remain in full force and effect until this
grant expires.
(f) This grant is valid for three years from August 5,
1998 to August 5, 2001.
(g) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be
effective until the permittee pays remaining City
processing fees.
(h) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to: Eric and Robin
Stone, 24401 Darrin Drive, Diamond Bar, CA 91765,
Pacific Bell Mobile Services, 2521 Michelle Drive,
2nd Floor, Tustin, CA 92780 and Cox/Sprint PCS,
18200 Von Karman, #100, Irvine, CA 92612.
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST, 1998, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
4
I, James DeStefano, Planning Commission
that the foregoing Resolution was duly
by the Planning Commission of the City
meeting of the Planning Commission held
1998, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Secretary, do hereby certify
introduced, passed, and adopted
of Diamond Bar, at a regular
on the 25th day of August,
James DeStefano, Secretary
5
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
Date: August 20, 1998
To: Chairman and Planning Commissioners
From: James DeStefano, Deputy City Ma a
Subject: Joint Meeting with the City Counci
As discussed at the previous Planning Commission meeting, the
City Council has requested a joint meeting with each Commission.
The Planning Commission was receptive and asked the staff to
provide a suggested meeting date.
Staff suggests the joint meeting be conducted on Tuesday,
September 15, 1998. The workshop would begin at 4:00 p.m. and
conclude by approximately 6:00 p.m. Food and drink will be
served.
Recommendations:
It is recommended that the Commission determine your availability
to meet on the 15th. Should the Commission not be available on
that date, please select an alternate date(s) which we will
forward to the City Council.
In addition, it is recommended that the Commission discuss and
develope a list of workshop topics to aid in the discussion.
Attachment
JDS/dbm
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO: Mayor and City Council
FROM: Terrence L. Belanger, City Manager(
SUBJECT: Joint Meetings with Commissions
DATE: August 18, 1998
Following is a preliminary schedule for holding joint meetings with the Commissions:
September 15 - Planning Commission
October 6 - Parks and Recreation Commission
October 20 - Traffic & Transportation Commission
Staff is recommending the joint meeting be a workshop with the Commission beginning at
4:00p in Room CC -8.
Let me, or Nancy, know if these dates/times work for you.
nbw
c: deputy City Manager
Deputy Director of Public Works
Community Services Director
ti
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner GV/
SUBJECT: Revised Resolution for Conditional Use Permit No.
96-10 (1) and Development Review No. 96-9 (1)
DATE: August 24, 1998
Attached is a revised resolution for the referenced project. The
revised resolution incorporates the City Attorney's suggested
changes.
Please note the following revisions within the attached
resolution:
Recitals. Item 1., 2., and 3.; and
Resolution. Item 4. (d) and 5. (f).
A.
PLANNING COMMISSION
RESOLUTION NO. 98-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY -OF DIAMOND BAR EXTENDING CONDITIONAL USE
PERMIT NO. 96-10 AND DEVELOPMENT REVIEW NO.
96-9 TO CONTINUE THE OPERATION OF AN EXISTING
CO -LOCATED, UNMANNED, WIRELESS TELECOMMUNI-
CATION FACILITY LOCATED AT 24401 DARRIN DRIVE,
DIAMOND BAR, CALIFORNIA.
RECITALS.
1.. on August 5, 1997, the City Council of the City of
Diamond Bar approved Conditional Use Permit No. 96-10 and
Development Review No. 96-9 by Resolution No. 97-58. The
permits were subject to expiration on August 6, 1998
unless the applicants filed an application to extend no
less than 45 days prior to the expiration.
2. On June 4, 1998, the property owners, Eric and Robin
Stone and applicants, Pacific Bell Mobile Services and
Cox/Sprint PCS have filed an application requesting an
extension of Conditional Use Permit No. 96-10 and
Development Review No. 96-9 in order to continue the
operation of an existing co -located, unmanned, wireless
telecommunication facility. The project site is located
at 24401 Darrin Drive (Lot 51 of Tract No. 42584), Los
Angeles County, California, as described above in the
title of this Resolution. Hereinafter in this
Resolution, the subject request shall be referred to as
the "Application".
3. The Planning Commission of the City of Diamond Bar on
August 11, 1998 conducted a duly noticed public hearing
on the Application. On August 11, 1998, the Planning
Commission directed staff to prepare a resolution
approving the extension of Conditional Use Permit No. 96-
10 and Development Review No. 96-9 until August 5, 2001.
4. Notification of the August 11, 1998 public hearing for
this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers on
July 22, 1998. Approximately 322 property owners within
a 500 foot radius of the project site were notified by
mail on July 21, 1998.
1
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by ftw-
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act of 1970, as amended,
and the guidelines promulgated thereunder, pursuant to
Section 15303 (e) of Article 19 of Chapter 3 of Division
13 of Title 14 of the California Government Code of
Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The Application relates to a project approved by the
City Council on August 5, 1997. The approval
allowed the installation of a co -located, unmanned,
wireless telecommunication facility for twelve month
at 24401 Darrin Drive, Diamond Bar, CA 91765.
(b) The project site has a General Plan Land Use
designation of Low Density Residential -Maximum 3
Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned
Single Family Residential -Minimum Lot Size -10,000
Square Feet (R-1-10,000).
(c) Generally, the following zone and use surround the
project site: to the north is the Pomona (60)
Freeway; and to the south, east and west is the
Single Family Residential -Minimum Lot Size -10,000
Square Feet (R-1-10,000) Zone.
(d) There have been no changes in circumstances or
conditions and all of findings set forth in City
Council Resolution No. 97-58 are still valid and can
still be made. The application to extend does not
2
A
affect or alter any of the facts or findings at
were made by Council. 6
5. Based on the findings and conclusions set forth above, 41
the Planning Commission hereby approves the Application
subject to the following conditions:
(a) The project shall substantially conform to plans
collectively labeled Exhibit "A", dated August 11,
1998, as submitted and approved by the Planning
Commission.
(b) The site shall be maintained in a condition which is
free of debris both during and after the con-
struction, 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) All conditions of approval listed within City
Council Resolution No. 97-58 shall remain in full
force and effect unless amended as a part of this
action.
(d) In order to guarantee the continuing health and
maintenance of the required landscaping, the
$24,000.00 performance bond, submitted by the
applicants, shall remain in full force and effect
until this grant expires.
(e) The $10,000.00 bond that guarantees the removal of
the facility and the restoration of the site to a
condition acceptable to the Deputy City Manager
shall remain in full force and effect until this
grant expires.
(f) This grant is valid for three years from August 5,
1998 to August 5, 2001. No further extension shall
be granted unless the applicants submit an
application for and extension no less than 45 days
prior to the expiration and the extension is
approved by the Planning Commission following a duly
noticed public hearing. Nothing contained herein
shall be construed as conferring any right to an
extension.
(g) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
3
within fifteen (15) days of approval of this gram^
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be
effective until the permittee pays remaining City
processing fees.
(h) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to: Eric and Robin
Stone, 24401 Darrin Drive, Diamond Bar, CA 91765,
Pacific Bell Mobile Services, 2521 Michelle Drive,
2nd Floor, Tustin, CA 92780 and Cox/Sprint PCS,
18200 Von Karman, #100, Irvine, CA 92612.
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST, 1998, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
I, James DeStefano, Planning Commission
that the foregoing Resolution was duly
by the Planning Commission of the City
meeting of the Planning Commission held
1998, by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Secretary, do hereby certify
introduced, passed, and adopted
of.Diamond Bar, at a regular
on the 25th day .of August,
James DeStefano, Secretary
4
i
k
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner G//-
SUBJECT: Revised Resolution for Conditional Use Permit No.
96-10 (1) and Development Review No. 96-9 (1)
DATE: August 24, 1998
Attached is a revised resolution for the referenced project. The
revised resolution incorporates the City Attorney's suggested
changes.
Please note the following revisions within the attached
resolution:
Recitals. Item 1., 2., and 3.; and
Resolution. Item 4. (d) and S. (f).
A.
PLANNING COMMISSION
RESOLUTION NO. 98-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY•OF DIAMOND BAR EXTENDING CONDITIONAL USE
PERMIT NO. 96-10 AND DEVELOPMENT REVIEW NO.
96-9 TO CONTINUE THE OPERATION OF AN EXISTING
CO -LOCATED, UNMANNED, WIRELESS TELECOMMUNI-
CATION FACILITY LOCATED AT 24401 DARRIN DRIVE,
DIAMOND BAR, CALIFORNIA.
RECITALS.
Q�i'Fr
1. On August 5, 1997, the City Council of the City of
Diamond Bar approved Conditional Use Permit No. 96-10 and
Development Review No. 96-9 by Resolution No. 97-58. The
permits were subject to expiration on August 6, 1998
unless the applicants filed an application to extend no
less than 45 days prior to the expiration.
:?. On June 4, 1998, the property owners, Eric and Robin
Stone and applicants, Pacific Bell Mobile Services and
Cox/Sprint PCS have filed an application requesting an
extension of Conditional Use Permit No. 96-10 and
Development Review No. 96-9 in order to continue the
operation of an existing co -located, unmanned, wireless
telecommunication facility. The project site is located
at 24401 Darrin Drive (Lot 51 of Tract No. 42584), Los
Angeles County, California, as described above in the
title of this Resolution. Hereinafter in this
Resolution, the subject request shall be referred to as
the "Application".
:3. The Planning Commission of the City of Diamond Bar on
August 11, 1998 conducted a duly noticed public hearing
on the Application. On August 11, 1998, the Planning
Commission directed staff to prepare a resolution
approving the extension of Conditional Use Permit No. 96-
10 and Development Review No. 96-9 until August 5, 2001.
4. Notification of the August 11, 1998 public hearing for
this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers on
July 22, 1998. Approximately 322 property owners within
a 500 foot radius of the project site were notified by
mail on July 21, 1998.
1
B.. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
Planning Commission of the City of Diamond Bar as follow:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act of 1970, as amended,
and the guidelines promulgated thereunder, pursuant to
Section 15303 (e) of Article 19 of Chapter 3 of Division
13 of Title 14 of the California Government Code of
Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The Application relates to a project approved by the
City Council on August 5, 1997. The approval
allowed the installation of a co -located, unmanned,
wireless telecommunication facility for twelve month
at 24401 Darrin Drive, Diamond Bar, CA 91765.
(b) The project site has a General Plan Land Use
designation of Low Density Residential -Maximum 3
Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned
Single Family Residential -Minimum Lot Size -10,000
Square Feet (R-1-10,000).
(c) Generally, the following zone and use surround the
project site: to the north is the Pomona (60)
Freeway; and to the south, east and west is the
Single Family Residential -Minimum Lot Size -10,000
Square Feet (R-1-10,000) Zone.
(d) There have been no changes in circumstances or
conditions and all of findings set forth in City
Council Resolution No. 97-58 are still valid and can
still be made. The application to extend does not
5.
affect or alter any of the facts or findings -Lt
.
were made by Council.
Based on the findings and conclusions set forth above,
the Planning Commission hereby approves the Application
subject to the following conditions:
(a) The project shall substantially conform to plans
collectively labeled Exhibit "A", dated August 11,
1998, as submitted and approved by the Planning
Commission.
(b) The site shall be maintained in a condition which is
free of debris both during and after the con-
struction, 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) All conditions of approval listed within City
Council Resolution No. 97-58 shall remain in full
force and effect unless amended as a part of this
action.
(d) In order to guarantee the continuing health and
maintenance of the required landscaping, the
$24,000.00 performance bond, submitted by the
applicants, shall remain in full force and effect
until this grant expires.
(e) The $10,000.00 bond that guarantees the removal of
the facility and the restoration of the site to a
condition acceptable to the Deputy City Manager
shall remain in full force and effect until this
grant expires.
(f) This grant is valid for three years from August 5,
1998 to August 5, 2001. No further extension shall
be granted unless the applicants submit an
application for and extension no less than 45 days
prior to the expiration and the extension is
approved by the Planning Commission following a duly
noticed public hearing. Nothing contained herein
shall be construed as conferring any right to an
extension.
(g) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this gra
at the City of Diamond Bar Community Development,
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be
effective until the permittee pays remaining City
processing fees.
(h) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to: Eric and Robin
Stone, 24401 Darrin Drive, Diamond Bar, CA 91765,
Pacific Bell Mobile Services, 2521 Michelle Drive,
2nd Floor, Tustin, CA 92780 and Cox/Sprint PCS,
18200 Von Karman, #100, Irvine, CA 92612.
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST, 1998, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
I, James DeStefano, Planning Commission
that the foregoing Resolution was duly
by the Planning Commission of the City
meeting of the Planning Commission held
1998, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Secretary, do hereby certify
introduced, passed, and adopted
of.Diamond Bar, at a regular
on the 25th day .of August,
James DeStefano, Secretary