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HomeMy WebLinkAbout8/25/1998C1 k 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