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HomeMy WebLinkAbout12/11/2001PLANNING' COMMISSU "`° Copy AGENDA December 11, 2001 7:00.P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 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 21825 E. Copley Drive, 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 /I 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 accommodation(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. urease rerrain rrom smoKing, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same Vice Chairman Joe Ruzicka Commissioner George Kuo Commissioner Steve Nelson Commissioner Steve Tye 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 21825 E. Copley Drive, 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 /I 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 accommodation(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. urease rerrain rrom smoKing, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission 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 the 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 businesslike 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 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 emergency or when a subject matter arises subsequent 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 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., 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 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, December 11 2001 CALL TO ORDER: 7:00 p.m. Next Resolution No. 2001-39 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Vice Chairman Joe Ruzicka, George Kuo, Steve Nelson, and Steve Tye. I MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non=public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Vice Chairman. 4. REORGANIZATION OF THE PLANNING COMMISSION. Selection of Chairman and Vice -Chairman. 5. 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 Regular Meeting: November 27, 2001. 6. OLD BUSINESS: None. 7. PUBLIC HEARING: 7.1 Conditional Use Permit 2001-04Nariance No. 2001-07/Develor)ment Review No. 2001-12 (pursuant to Code Sections 22.42.130.G.4, 22.58, 22.54,and 22.45) is a request to install a wireless telecommunications facility that includes a pole with antennas and equipment cabinet. The Variance relates to the antenna pole that exceeds the maximum allowable 35 -foot height. The Development Review relates to architectural/design review. December 11, 2001 Project Address: Property Owner: Applicant: Page 2 PLANNING COMMISSION St. Denis Roman Catholic Church 2151 S. Diamond Bar Blvd. Diamond Bar, CA 91765 Roman Catholic Abp 3424 Wilshire Blvd. Los Angeles, CA 90010 Cingular 2521 Michelle Dr. Tustin, CA 92780 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-05 has been prepared. Th ' e Negative Declaration's review period begins November 19, 2001 and ends December 9, 2001. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit 2001-04/Variance No. 2001-07/Development Review No. 2001-12 and Negative Declaration No. 2001-05, Findings of Fact, and conditions of approval, as listed within the resolution. 7.2 Development Review No. 2001-20 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence with a basement, two two -car garages and patios/balconies for a total of approximately 11,410 square feet. Additionally, the request includes retaining walls within the rear/side and front yards with a maximum exposed height of six feet. Project Address: 22883 Canyon View Dr. (Lot 4 of Tract No. 51169) Diamond Bar, CA 91765 Property Owner/ Horizon Pacific Applicant: 2707 Diamond Bar Boulevard, #202 Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 92-2 for Tract Map No. 51169. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2001-20, Findings of Fact, and conditions of approval, as listed within the resolution. December 11, 2001 Page 3 PLANNING COMMISSION 8. PLANNING COMMISSION COMMENTS: 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: SPECIAL JOINT CITY COUNCIL MEETING WITH WALNUT VALLEY UNIFIED SCHOOL DISTRICT: RESCHEDULED REGULAR CITY COUNCIL MEETING: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: PLANNING COMMISSION MEETING: ADMINISTRATIVE REVIEW MEETING: November 23, 2001, to January 2, 2002 Free transportation available to all residents 18 and older (children under 18 must be accompanied by adult) and carrying proof of residency. Free to travel throughout the City (house to shopping center and back, or shopping center to shopping center.) Thursday, December 13, 2001 — Cancelled Saturday, December 15, 2001 8:30 a.m. — 11:00 a.m. AQMD/Govt. Center Auditorium 21865 Copley Drive Monday, December 17, 2001 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, December 18, 2001 — Cancelled Thursday, December 20, 2001 — 7:00 p.m. AQMD Hearing Board Room 21865 E. Copley Drive Tuesday, December 25, 2001 - Cancelled Tuesday, December 25, 2001 - Cancelled December 11, 2001 Page 4 PLANNING COMMISSION CHRISTMAS HOLIDAY: Monday,December 24, 2001, and Tuesday, December 25, 2001. In observance of the Christmas holidays, City offices will be closed. City offices will re -open Wednesday, December 26, 2001 CHRISTMAS TREE December 27 through January 15, 2002 RECYCLING PROGRAM: Place tree at curbside on regular trash pick up day for disposal NEW YEARS HOLIDAY: Tuesday, January 1, 2002 — In observance of the New Years holiday, City offices will be closed. City offices will re -open on Wednesday, January 2, 2002 CITY COUNCIL MEETING: RESCHEDULED REGULAR CITY COUNCIL MEETING: ADMINISTRATIVE REVIEW: PLANNING COMMISSION MEETING: CITY COUNCIL MEETING RESCHEDULED REGULAR CITY COUNCIL MEETING: Tuesday, January 1, 2002 — Cancelled Rescheduled to January 8, 2002 Tuesday, January 8, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, January 8, 2002 — 6:00 p.m. Hearing Board Room/Govt. Center 21865 E. Copley Drive Tuesday, January 8, 2002 — 7:00 p.m. Hearing Board Room/Govt. Center 21865 E. Copley Drive Tuesday, January 15, 2002 — Cancelled Rescheduled to January 29, 2002 Tuesday, January 29, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Vice Chairman Ruzicka led in the pledge of allegiance. 1. ROLL CALL: Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, and Commissioners George Kuo, Steve Nelson, and Steve Tye. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of November 13, 2001. VC/Ruzicka moved, C/Nelson seconded, to approve the Minutes of the Regular Meeting of November 13, 2001, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: S. OLD BUSINESS: None 6. NEW BUSINESS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes None Tye None 6.1 Development Code Amendment No. 2001-02 to amend Articles III, Sections 22.36.080 and 22.36.120.0 of the City's Development Code regarding signage within C-3 zone. (Referral from City Council to Planning Commission pursuant to Development Code Section 22.70.040 and Government Code Section 65857) NOVEMBER 27,2001 PAGE 2 PLANNING COMMISSION PROJECT ADDRESS: Commercial Development Complexes of 4.5 acres or more adjacent to the freeway in the C-3 zone, Diamond Bar, CA 91765 APPLICANT: City of Diamond Bar DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission receives a presentation from staff and provide a report to the City Council. Chair/Zirbes proposed discussion of Amendment Item 7, 8 and 9 in that order. Item 7 Discussion: VC/Ruzicka asked if the contemplated signs conform to state law and CalTrans regulations. DCM/DeStefano stated that in terms of the freeway -oriented signs and in particular, those with an electronic reader board, yes. There are CalTrans standards for such signs and they include items such as the minimum length of time the message may be displayed. CalTrans will be a reviewing agency with respect to the specific sign. Chair/Zirbes asked how many other sites in Diamond Bar would qualify for an electronic reader sign. DCM/DeStefano explained that staff is not aware of any other C-3 zone Diamond Bar location that would be 4 1/2 acres or greater and would be more than 1,000 feet from residential property. Chair/Zirbes moved, VC/Ruzicka seconded, to accept Item 7 with the following changes: First paragraph: change the parcel size from 3 acres to 4.5 acres; insert located immediately adjacent to the freeway; amend 7 c. add "reader board shall not be more than 33 percent of the total sign face area;" and change 7.e. to indicate a minimum of 1300 feet from any residential property (instead of 1250 feet). C/Tye pointed out that with the amendment changes, current maximum sign area is 200 square feet and proposed is 1,000 square feet. As a result, the proposed amendment changes would allow the opportunity for other businesses to request 1,000 square feet of static sign board. C/Tye said he has 13 year old information from the Department of Transportation on safety of reader boards. He spoke at length about the City's General Plan, its vision for Diamond Bar, the original Development Code and subsequent changes and how this proposed Development Code Amendment is structured to accommodate one business. Item K under 22.36.080 under prohibited signs is "outside signs not specifically allowed by NOVEMBER 27, 2001 PAGE 3 PLANNING COMMISSION the provisions of this chapter including billboards and outdoor advertising." Why isn't that changed at the same time? Because that's not what this community wants. It is not what, in November 1998 after great deliberation, was decided as the way Diamond Bar should be developed and the way Diamond Bar should look. Diamond Bar is stuck with what the County passed down. And that is why Diamond Bar became a city — to have decisions over matters such as this. Now we cannot blame the County -if this happens. If that business goes, how will Diamond Bar replace that sales tax revenue? DCM/DeStefano explained that car dealerships produce tax revenue from sales ranging from 15 million to 100 million. This particular dealership is in the low 1/3 range and Diamond Bar receives one percent of the sales tax dollars from the business. This dealership consistently is the #1 or #2 sales tax producer of all businesses in the city and it is a concern that they may leave. C/Tye pointed out that if Diamond Bar lost that revenue it would amount to a $5 or $10 increase in his property taxes and if he had to pay that extra amount not to have an electronic billboard in Diamond Bar he would gladly pay it. He's also sure that there are people who would not want to pay the extra property tax because they were not willing to pay $5 or $10 extra per year for a community swimming pool. He asked the Commission to seriously think about what the community will look like if this amendment is approved. Even though Diamond Bar Honda is on the City of Industry side of the freeway it is still in Diamond Bar. He hopes the business will remain here for another 20 years and be successful without an electronic billboard. There will be enough commercial businesses/billboards when the City of Industry- builds out. He does not believe Diamond Bar Honda needs an electronic billboard to be successful. C/Nelson said that when this matter first came before the Planning Commission he felt as C/Tye has eloquently stated. During the meeting he learned of increased sales statistics as a result of electronic reader boards. On Sunday evening he was driving home on the SR 60 from LAX with long-time friends and residents of Diamond Bar. He pointed out the stark contrast between the electronic signs along the City of Industry freeway area and the darkness of the adjacent freeway in Diamond Bar with its subtle business lighting. This contrast gave him a real sense of appreciation for where he lives. He tried to picture a blinking electronic reader board at Diamond Bar Honda and that vision helped him make his decision. When he asked one of his friends what he thought it would look like and the friend told him it would look like a turd in a punchbowl. He will not be able to support the proposed amendment due to the electronic nature of the proposed reader board. Chair/Zirbes said he has struggled with this matter. Diamond Bar Honda is a unique piece of property and he is concerned about losing the business. He believes Diamond Bar can accomplish what it wants to accomplish even with the electronic reader board. The businesses that Diamond Bar residents like to frequent are not available here and NOVEMBER 27, 2001 PAGE 4 PLANNING COMMISSION' Diamond Bar does not make the community accessible to attract those types of business. And Diamond Bar makes its own traffic by having to drive out of the community to shop for materials and services the residents' desire. This is a unique piece of property that can benefit the entire community. He visited Birdseye Drive and Highcrest Drive and he could see Diamond Bar Honda. Currently, it is well lighted and the reader board will not be any more visible than it is at this time. Motion carried 3-2 by the following Roll Call vote: AYES: CONMSSIONERS: Kuo, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: Nelson, Tye ABSENT: COMMISSIONERS: None Item 8 Discussion: C/Tye moved, Chair/Zirbes seconded to deny Item 8 amendment. C/Tye reiterated that he has a problem amending the Development Code to be a blanket statement to allow business to install 12 foot monument signs. Chair/Zirbes said the same types of parcels are being considered for Item 8 as Item 7. In 1998 he spoke to the Planning Commission about looking at the types and sizes of the monument signs. If a freeway project that has a 60 foot high freeway sign is being considered, he would look at just that particular property for consideration because the only parcel of property that fits this criteria happens to be located on Grand Avenue just to the west of the SR 57. He believes that either a six foot or a 12 foot sign would call his attention to the fact that that particular business is a Honda Dealership. He believes that there is a need to temper what is being done with these sign programs. The question is, how much more sign face does the community want to see and does the dealership benefit from any additional traffic by having a 12 foot monument sign. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMIVIISSIONERS: None ABSENT: COMMISSIONERS: None Item 9 Discussion: VC/Ruzicka asked if Item 9 meets state law and CalTrans regulations or does it need to meet those standards? NOVEMBER 27, 2001 DRA PAGE 5 PLANNING COMMISSION DCM/DeStefano responded that staff isnot aware of any regulatory authority over wall signs. DCM/DeStefano indicated to C/Tye that properties that might choose to avail themselves of this type of wall sign would be Diamond Bar Honda/Burger King, L.A. Fitness, Via Sorella/Brea Canyon Road property. In the future, staff believes the Kmart-Von's-Savon property will convert to a C-3 zone. In the future, the Walnut Valley Trailer parcel could convert to a C-3 zone. C/Tye moved, Chair/Zirbes seconded, to approve Item 9 with the change to line 2 indicating "consisting of 4.5 acres or more, etc." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes None None C/Tye asked that the November 19 Los Angeles Times article be forwarded to the City Council. VC/Ruzicka said he admires the eloquence with which Commissioner Tye made his case. However, VC/Ruzicka believes that the Commission has control as to how it takes place, which is important to him. DCM/DeStefano explained the process of formulating and approving the Commission's Report to the Council. C/Tye said he wants his feelings to be reflected in the Report to Council. While this was a three-part undertaking, he does not want this to go to the Council 5-0 and have them believe that there was a unanimous decision to approve the amendments to the Development Code. DCM/DeStefano explained that this resolution is simply meant to describe the Commission's activities. The three individual actions can be included within the report and the minutes of this meeting will also be included in the Report to Council. Upon motion by Chair/Zirbes, seconded by VC/Ruzicka to approve Resolution No. 2001 -XX, that based upon the findings and conclusions set forth, the Planning Commission hereby recommends that the Council consider the Planning Commission's Report to Council and recommendations on Development Code Amendment No. 2001-02. The Report to Council will include the following: Changes as approved, incorporation of individual item 7, 8 and 9 votes, minutes from tonight's meeting including discussion on individual items. Motion carried by the following Roll Call vote: NOVEMBER 27, 2001 PAGE 6 PLANNING COMMISSION AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. CONTINUEID PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2001-06 and Comprehensive Sign Program No. 2000-01 (pursuant to Code Sections 22.58 and 22.36.060) is a request to install signs for the Diamond Bar Honda dealership and recently approved dealer expansion/car wash/lube facility. Proposed signs are as follows: a 65 foot tall electronic reader board; three monument signs; two canopy signs; and one dealership identification sign. The Conditional Use Permit will be utilized to review the proposed electronic reader board sign with regard to location, design and potential impacts. The Comprehensive Sign Program provides a process for sign integration with the design of structures on site in order to achieve a unified architectural statement. (Continued from October 9, 2001) APPLICANT: 515-525 S. Grand Avenue Diamond Bar, CA 91765 Matthew Tachdjian Col -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 George Selzer Electra -Vision Advertising 731 W. 11th Street Claremont, CA 91711 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission adopt a resolution approving Conditional Use Permit No. 2001-06, Comprehensive Sign Program No. 2000-01, and Negative Declaration No. 2001-03, Finding of Fact and conditions as listed within the resolution. AssocP/Lungu indicated to C/Tye that the proposed electronic message center of the reader board sign is close to 33 percent in face area of Electra -Vision Advertising (EVA). George Saelzler, applicant, responded to VC/Ruzicka that there is an average of 15 to 30 percent increase in business due to use of reader board signs under conditions similar to the 57/60 interchange issues. Upon installation of reader boards beginning NOVEMBER 27, 2001 PAGE 7 PLANNING COMMISSION about 12 years go, the accident ratio decreased. In fact, CalTrans uses electronic reader boards for highway information signs. The idea that electronic reader boards cause a safety issue is mute. Chair/Zirbes opened the public hearing. There being no one who wished to speak on this item, Chair/Zirbes closed the publicrhearing. Chair/Zirbes asked if Condition (n), page 7, means that if the dealership does not complete their expansion as conditioned, there will be no installation of signage to which AssocP/Lungu responded "yes." AssocP/Lungu explained to Chair/Zirbes that the intent of Condition (h), page 7, is that the existing 40 foot high sign and all other signs will be removed prior to installation of the reader board. In this case, the Burger King sign would be removed and replaced because the proposed sign program has changed since this resolution was written. C/Tye suggested that Condition (f), page 7, limit the amount of time the reader board can be used, such as 6:00 a.m. to 8:00 p.m. George Saelzler said that although he has not discussed use of inflatables in additi$n to the reader board sign with the owner, he believes the owner would agree to limiting or eliminating their use. He suggested that it might be prudent to offer the owner the ability to apply for use of inflatables on a case-by-case basis. As a guess, there may be a special weekend event that might incorporate a character. Forty-five days a year would most likely be a maximum number of days per year to consider for such special events. Balloons may an appropriate form of special advertising whereas, other types of large inflatables should not be necessary once a reader board is placed at the site. In his opinion, use of inflatables would be a poor use of money. VC/Ruzicka moved to approve Conditional Use Permit No. 2001-06 and Comprehensive Sign Program No. 2000-01, findings of Fact, and conditions as listed within the resolution with the following amendments: The first monument sign will be at a 6 foot height; the second sentence of Condition (h) read: "all flags and inflatable devices, etc., except small balloons shall be removed prior to issuarrce of any sign permits: Chair/Zirbes suggested that Condition (h) remain as proposed and that Condition (I) be added to read as follows: "Temporary banners, etc., shall require NOVEMIBER27,2001COMMISSION a temporary sign permit; shall not be placed on roof areas; and shall be limited to a maximum of 45 days per year. No inflatable advertising devices except small balloons will be allowed on site." VC/Ruzicka accepted the amendment. Chair/Zirbes seconded the motion. Chair/Zirbes asked that Condition (f) be changed to read: "The 10 percent time frame shall be evenly distributed between the hours of 7:00 a.m. and 8:00 p.m. each day."; that Condition (h) eliminate "Including the freestanding freeway - oriented electronic reader board sign" from the first sentence; change maximum height from 12 feet to 6 feet in Condition (1); Add Condition to read: "Hours of operation for the reader board sign shall be 5:00 a.m. to midnight each day." VC/Ruzicka accepted Chair/Zirbes modifications. C/Tye again asked that the hours of operation for the reader board be specified as 7:00 a.m. to 8:00 p.m. C/Nelson said he didn't like the reader board in the first place but it got approved. Since it has been approved he would like for it to work for the owner. George Saelzler indicated to C/Nelson that the standard hours for reader board signs are 5:00 a.m. to midnight each day because they are significant commute traffic hours. 11:00 p.m. would be an acceptable shut off time. VC/Ruzicka and Chair/Zirbes agreed to amend the motion to add Condition 0) to indicate that the "Hours of operation for the reader board shall be 5:00 a.m. to 10:00 p.m. each day." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None 8. RECOGNITION TO OUTGOING COMMISSIONER ZIRBES. Chair/Zirbes said that if the election results hold, he is to be sworn in as a City Council Member on December 4, 2001. He tendered his resignation as Chairman of the Planning Commission effective the date he is sworn in as a City Council Member. Serving on the Planning Commission has been an event and an experience that he has enjoyed immensely.. He appreciates the education he has received from staff and his fellow Commissioners. He has learned a great deal from his fellow Commissioners who think NOVEMBER 27, 2001 PAGE 9 PLANNING COMMISSION with their minds and feel with their hearts which is evident in the decisions made and the language crafted. He is sorry to be leaving the Planning Commission. Thank you for the experience. VC/Ruzicka, on behalf of the Planning Commission and staff, presented a plaque to Chairman Zirbes in appreciation of his service to the Planning Commission and the City of Diamond Bar. 9. PLANNING COMMISSION COMMENTS:— None Offered. 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. DCM/DeStefano reported that at its November 20 meeting the City Council approved Development Code Amendment 2001-03, the Planning Commission's Development Code Amendment recommending approval of new property maintenance standards to deal with landscaping in yard areas and to increase the lot coverage permitted on certain single family residential properties from '30 percent to 40 percent. In the event that Mr. Zirbes is sworn in as a Council Member on December 4, staff recommends that the Planning Commission schedule a reorganization of the Planning Commission for its December 11, 2001, meeting. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. 1 ��Qhuy-twovr There being no further business to come before the Planning Commission, Chairman Zirbes C) adjourned the meeting at 9:34 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Bob Zirbes City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.1 REPORT DATE: November 20, 2001: MEETING DATE: December 11, 2001 CASE/FILE NUMBER: .. APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: Conditional Use Permit No. 2001-04, Variance No. 2001-07 and Development Review No. 2001-12 To install a wireless telecommunications facility that includes a pole with antennas and equipment cabinets. St. Denis Roman Catholic Church 2151 S. Diamond Bar Blvd. Diamond Bat, CA 91765 Roman Catholic Abp 3424 Wilshire Blvd. Los Angeles, CA 90010 Cingular 2521 Michelle Dr. Tustin, CA 92780 The property owner, the Roman Catholic Abp and applicant, Cingular are requesting approval pursuant to Development Code Sections 22.42.130.G.4, 22.58, 22.54 and 22.45 to install a wireless telecommunications facility that includes a pole with antennas and equipment cabinets enclosed by a six foot high wall. 1 The project site is located at 2151 S. Diamond Bar Boulevard. It is a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. It is developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (hall/temporary church) probably began in early 1970s and was completed in the late 1980s. The General Plan land use designation for the project site is Medium High Density Residential (RMH-max 16 du/acre) and zoning designation is Multiple Residential -Maximum Lot Size 8,000 Square Feet -1 Unit (R -3-8,000-1U). Generally, the following zones surround the project site: to the north is the Single Family Residential- Minimum Lot Size 8,000 Square Feet (R-1-8,000) and ,Single Family Residential -Minimum Lot Size 10,000 Square Feet(R- 1-10,000)Zones; to the south is the Multiple Residential -Maximum Lot Size 8,000 Square Feet -30 Unit (R -3-8,000-30U) Zone; to the east is the R-1-10,000 Zone; and to the west is the R -3-8,000-15U Zone. ANALYSIS: DEVELOPMENT REVIEW/CONDITIONAL USE PERMIT/VARANCE The City's Development Code establishes a Development Review process. The purpose of this process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and so ' cial character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Development Review is within the Planning Commission's review authority. For the proposed project, Development Review is utilized as an architectural/design review assessing aesthetics and functional standards. The Conditional Use Permit allows for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Conditional Use Permit applications are reviewed for the location, design, configuration, and potential impacts to insure that the proposed use will protect the public health, safety and welfare. The Planning Commission is the review authority for this particular application. For the proposed project, a Conditional Use Permit is required because the proposed telecommunications facility is located within a residential :zone (R -3-8,000-1U) and is not architecturally integrated with the building or structure on site so as not be recognized as an antenna. 0 The Variance process is utilized to allow for adjustment from the development standards of the Development Code. The adjustment may be granted because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions. The adjustment also may be granted when the strict application of the Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self created, hardship. Additionally, when unreasonable regulations make it obviously impractical to require compliance with -development standards, an adjustment may be granted. Planning Commission is the review authority for the Variance process. For this project, the Variance process is required because the maximum height of a structure within the R -3-8,000-1U is 35 feet. The pole that houses the antenna is proposed at 49 feet. The proposed telecommunications facility consists of the .following equipment: a pole that will house two cross -polar antennas -and is 49 feet tall; three equipment cabinets; and wall enclosure. The pole with antennas (5.5 feet tall by 8 inches wide by 2 inches thick) inside will replace a light standard which is approximately 32 feet tall and located in a planter area close to the church building. The planter area is located on the first level of the parking lot within the rear portion of the project site. The light fixture will be installed on the antenna pole approximately 17 feet below the top of the pole. The equipment cabinets will be located across the first level of the parking lot in the planter area separating the first level from the second level of the parking lot (see Exhibit "A" and photo simulation). The equipment will consist of three Base Transceiver Station electronic (BTS) cabinets enclosed by a six- foot high block wall with wrought iron gates utilized for access to the area and underground power conduit. The design of the proposed telecommunications facility does not provide for co -location. Co -location requires a separation of approximately 10 feet between antennas from each provider because of the interference issues. The proposed pole with light standard does not provide adequate space and/or structural stability to accommodate another provider for co -location. If another provider were to co -locate on this facility, the height and diameter of the pole would need to be increased due to structural stability, proper separation and appropriate line of sight for their antennas. The installation of the telecommunications facility will cause the removal of approximately five trees and several shrubs. one tree is located adjacent to the existing light standard that will be replaced with the antenna pole. The remaining trees are 3 located where the equipment cabinets will be installed. The trees that will be removed are not a species that is preserved/protected by the Development Code. However, the trees removed will be relocated in other planter areas on the project site. The applicant will be utilizing the shrubs that are removed to camouflage the wall enclosure to the extent feasible. According to the applicant,-Cingular is a wireless -communications -- network that offers affordable services like voice communication, caller identification, paging, facsimile services, e-mail, video communications, and cellular digital data communications. Eventually, customers may have one single phone number for many of those services, regardless of location. The distance between antenna sites will normally range from 1/2 mile nine miles, depending on the population density, consumer usage, existing vertical elements and geographical terrain. While PCS requires more antenna sites, they are generally not as large or obtrusive as conventional cellular sites. The equipment height is usually proportional to a combination of the distance antennas can cover and the demand of the PCS service within their sphere of influence. Wireless facilities are located throughout the service area to provide adequate call coverage capacity with quality. According to the applicant, currently Cingular Wireless is experiencing coverage and capacity problems within the area of Diamond Bar. The development of the proposed site will allow Cingular customers improved service in this area. Unlike other land use locations that can be spatially determined, the location of the wire telecommunications facility is based on technical requirements, which include service area, geographic elevations, alignment with neighboring sites and customer demand components. As a result, wireless telecommunications facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, and open space. In this case, the proposed telecommunications facility is located approximately 250 feet from a residence to the west and approximately 300 feet from a residence to the east. The proposed facility at the subject location will be unmanned and will require routine maintenance once in every four to six weeks utilizing one vehicle and one or two maintenance personnel. As a result, the proposed facility will have no impact on circulation/traffic. Wireless telecommunications is accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short-range, contiguous cells. Similar to a honeycomb pattern, a cellular system is composed of many neighboring and inter- connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antennas that require an appropriate/clear line of sight. In order to 4 have a clear line of sight, antennas must be mounted high enough to overcome challenges proposed by local topography and development. The required height is usually proportional to a combination of distance the antennas can cover and the demand for the PCS service within their sphere of influence. - The applicant's first submittal for telecommunications facility at the project site was proposed adjacent to Diamond Bar Boulevard at a height of 35 feet. This location was not acceptable to the City due to its visibility. As a result, the applicant submitted an alternative location, which is being presented to the Commission. According to the applicant, due to the hillside topography, existing structures and dense trees surrounding the project site, the height of the proposed antenna pole had to increase in order to obtain an appropriate/clear line of site for transmitting and receiving signals. However, the proposed antenna pole's visibility will have less of an impact at the proposed location then adjacent to Diamond Bar Boulevard due to the hillside terrain and mature plant materials. Furthermore, the church building exceeds the maximum allowable height of 35 feet, which was permitted by Variance No. 87-320 processed by Los Angeles County. The church building's roofline is at a 40 foot height and the tower is 49 feet tall. Although the proposed antenna pole is taller than permitted in the R -3-8,000-1U Zone, staff believes that its location close to the church structure, similar design and color as the existing light, the re -location of the light fixture on the pole and the mature landscaping will assist in camouflaging the antenna pole as well as the equipment enclosure and create minimal impacts at the project site and surrounding area. CONCLUSION Wireless telecommunications systems can be an invaluable communications tool in the event of emergencies and natural disasters where normal land line communications are often disrupted or inaccessible during and after an event has occurred. They are a valuable tool in business communication and everyday personal use. The proposed telecommunications facility as designed addresses the demand of the local network to provide seamless service to the increasing number of subscribers. According to the applicant, there are no structures in the immediate area that meet the technical height requirements necessary to achieve the line of sight configuration essential to the Cingular network. The selection of prospective sites are not determined only by technical aspects, but rather the accumulation of several factors such as interested property owners, applicable so, and decide, aesthetics, and the ability to construct proposed facility. Cingular researched the possibility of locating the proposed 61 telecommunications facility in the existing bell tower. Due to construction issues (i.e., cable route and distance, etc.), it was not feasible for Cingular to locate inside the tower. According to the applicant, Cingular has obtained the necessary permits and authorization from the FCC. The proposed wireless telecommunications facility must operate in full compliance with all State and Federal regulations including the Telecom- munications Act of 1996. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070(e) and guidelines promulgated thereunder, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2001-05 has been prepared. The Negative Declaration's review began November 19, 2001 and ended December 9, 2001. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin - and the San Gabriel Valley Tribune on November 19, 2001. Public hearing notices were mailed to approximately 433 property owners within a 700 -foot radius of the project site on November 15, 2001. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on November 15,2001. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit 2001-04, Variance No.2001-07 and Development Review No. 2001-12, Negative Declaration No. 2001-05, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; 0 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional _Tse Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6.. The proposed project has been reviewed in compliance with .the provisions of the California Environmental Quality Act (CEQA). REQUIRED VARIANCE,FINDINGS: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code elbi%,ies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 0 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed -project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: An J. LgZ,,Aseciate Planner Attachments: 1. Draft resolution; 2. Exhibit "A" - site plan ,,elevations and sections, dated December 11, 2001; 3. Photo simulation showing existing and the facility installed; 4. Cingular Map delineating current coverage without and with the proposed project; 5. Application; and 6. Correspondence dated November 29, 2001 from the residents of Silver Hawk Drive. 0 PLANNING COMMISSION RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2001-04, VARIANCE NO. 2001-07, DEVELOPMENT REVIEW NO. 2001-12 AND NEGATIVE DECLARATION NO. 2001-05, A REQUEST TO INSTALL AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY. THE PROJECT SITE IS LOCATED AT ST. DENIS ROMAN CATHOLIC CHURCH, 2151 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, the Roman Catholic Abp and applicant, Cingular Wireless have filed an application for Conditional Use Permit No. 2001-04, Variance No. 2001-07, Development Review No. 2001-12 and Negative Declaration No. 2001-05 for a property located at 2151 Diamond Bar Boulevard, Diamond Bar, Los, Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Variance, Development Review, and Negative Declaration shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on December 11, 2001 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 19, 2001. Public hearing notices were mailed to approximately 433 property owners of record within a 700 -foot radius of the project on November 15, 2001. Furthermore, the project site was posted with a display board in three public places on November 15, 2001. 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 finds that the Initial Study review anlillwative r Declaration No. 2001-05 have been prepared by the City of Diamond Bar compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070(e). Negative Declaration No. 2001-05 has been prepared. The Negative Declaration's review began November 19, 2001 and ended December 9, 2001. Furthermore, Negative Declaration No. 2001-05 reflects the independent judgement of the City of Diamond Bar. 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 project relates to a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. It is developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (hall/temporary church) probably began in early 1970s and was completed in the late 1980s. (b) The General Plan land use designation for the project site is Medium High Density Residential (RMH-max 16 du/acre). (c) The zoning designation for the project site is Multiple Residential -Maximum Lot Size 8,000 Square Feet -1 Unit (R-3-8,000-1 U). (d) Generally, the following zones surround the project site: to the north is the Single Family Residential- Minimum Lot Size 8,000 Square Feet (R-1-8,000) and Single Family Residential -Minimum Lot Size 10,000 Square Feet (R -1- 10,000) R-1-10,000) Zones; to the south is the Multiple Residential -Maximum Lot Size 8,000 Square Feet -30 Unit (R -3-8,000-30U) Zone; to the east is the R-1- 10,000 Zone; and to the west is the R -3-8,000-15U Zone. (e) The application request is to install a telecommunications facility consisting of the following equipment: a pole that will house two cross - polar antennas and is 49 feet tall; three equipment cabinets; and wall enclosure. The pole with antennas (5.5 feet tall by 8 inches wide by 2 inches thick) inside will replace a light standard located in a planter area close to the church building. The planter area is located on the first level of the parking lot within the rear portion of the project site. The light fixture 2 will be installed on the antenna pole approximately 17 feet belovi p of the pole. The equipment will be located across the first level of i% parking lot in the planter area separating the first level from the secoYd level of the parking lot (see Exhibit "A" and photo simulation). The equipment will consist of three Base Transceiver Station electronic (BTS) cabinets enclosed by a six-foot high block wall with wrought iron gates utilized for access to the area and underground power conduit. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. The proposed unmanned wireless telecommunications facility is permitted in the R-3-8,000-1 U Zone with a Conditional Use Permit and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of Medium High Density Residential (RMH-max 16 du/acre). Objectives and Strategies of the General Plan encourage the establishment of new technology that are deemed environmentally safe and compatible with development. The proposed project is required to comply with Federal regulations regarding radio frequency emissions, thereby considered environmentally safe. The existing telecommunications facility is compatible with the General Plan in that it will only generate a very minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. It will not create a new source of light and noise. It will not be visible from Diamond Bar Boulevard and minimally visible from Silver Hawk Drive. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is a rectangular shaped hillside lot, sloping up from Diamond Bar Boulevard and approximately 6.75 acres. It is developed with a church facility identified as St. Denis Roman Catholic Church. Permits indicate that construction for the church facility (hall/temporary church) probably began in early 1970s and was completed in the late 1980s. The existing telecommunications facility utilizes approximately 300 square feet of the project site. The antenna pole replaces an existing light standard and the equipment enclosure is located within a planter area of the parking lot. Considering the size of the project site and the a utilized by the proposed telecommunications facility, it is clear th project site can accommodate the facility. The telecommunications will generate a minimal amount of additional traffic to the neighborhood infrequent maintenance visits. It does not create a new source of light and noise. The facility will comply with an FCC regulations. It will not be visible from Diamond Bar Boulevard and minimally visible from Silver Hawk Drive and will not block the view of the hillside to the north or residences to the west and east. The facility will be camouflaged fairly well by the existing mature landscaping. Therefore, it is unlikely that the facility will have a negative impact on the single-family residential neighborhood adjacent to the project site. Therefore, the project's design, location, size and operational characteristics, as conditioned, is compatible with the existing and future land uses in the vicinity. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; As referenced above in Item (h), the proposed telecommunications facility still meets the required development standards for the R-3-8,000- 1 U zone except for height which a Variance application is being processed.. Provisions for utilities exist at the project site. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (j), the proposed telecommunications facility with the Variance approval and as amended here in will meet the City's minimum development standards. Traffic is minimal. As discussed in Item (h) above, the existing telecommunications facility meets the FCC requirements regarding radio frequency emissions safety and has been installed with the appropriate City permits. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070(e) and guidelines promulgated thereunder, Negative Declaration No. 2001-05 has been prepared. 0 Variance (1) There are special circumstances applicable to the property (e.g.,l&Qw. shape, size, surroundings, topography, or other conditions), s that thr, strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in. the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Wireless telecommunications is accomplished by linking a wireless network of radio wave transmitting devices such as portable and car phones to the conventional telephone system through series of short-range, contiguous cells. Similar to a honeycomb pattern, a cellular system is composed of many neighboring and inter -connecting "cell site" or geographical areas. Each cell site within the system contains transmitting and receiving antennas that require an appropriatelclearfine of sight. In order to have a clear line of, sight, antennas must be mounted high enough to overcome challenges proposed by local topography and development. The required height is usually proportional to a combination of distance antennas can cover and the demand for the PCS service within their sphere of influence. The applicant's first submittal for telecommunications facility at the project site was proposed adjacent to Diamond Bar Boulevard at a height of 35 feet. This location was not acceptable to the City due to its visibility. As a result, the applicant submitted an alternative location, which is being presented to the Commission. According to the applicant, due to the hillside topography, existing structures and dense trees surrounding the project site, the height of the proposed antenna pole had to increase in order to obtain an appropriatelclear line of site for transmitting and receiving signals. However, antenna pole's visibility will have less of an impact at the proposed location then adjacent to Diamond Bar Boulevard due to the hillside terrain and mature plant materials. Furthermore, the church building exceeds the maximum allowable height of 35 feet, which was permitted by Variance No. 87-320 processed by Los Angeles County. The. church building is rooffine is at a 40 -foot height and the tower is 49 feet tall. Although the proposed antenna pole is taller than permitted in the R-3-8,000-1 U Zone, staff believes that its location close to the church structure, similar design and color as the existing light, the re -location of the light fixture on the pole and the mature landscaping will assist in camouflaging the antenna pole as well as the equipment enclosure and create minimal impacts at the project site and surrounding area. (m). Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for .which the Variance is sought; Granting of the Variance allows the proposed telecommunica s . ty to address the demand of the local network in order to providZ f,11j ss A service to the increasing number of -subscribers. This w Vir%s telecommunications systems will be an invaluable communications tool in the event of emergencies and natural disasters were normal land line communications are often disrupted or inaccessible during and after an event has occurred. Such facilities are a valuable tool in business communication and everyday personal use. Additionally, within the City of Diamond Bar there are other such facilities located within a residential zone. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; and As referenced in Item (g) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (o) Th " e proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed telecommunications facility will comply with all FCC requirements and Building and Safety Division and Public Works Division requirements. As a. result, the proposed telecommunications facility will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Development Review (p) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); As referenced above in Items (g), (h), (i) and (j), the existing telecommunications facility as amended herein and with the Variance approval is consistent with the City's Design Guidelines, development standards of the applicable district, and architectural criteria for special areas. Additionally, a specified architectural criterion for the area does not exist. (q) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; As referenced in Items (h above, the design and layout of the proposed telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and does not create traffic or pedestrian hazards. E-4 (r) The architectural design of the proposed development is compa ith ithlw' the characteristics of the surrounding neighborhood and will rnaintal�' enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; As referenced in Item (h) above, the architectural design of the proposed telecommunications facilitate with the Variance approval will be compatible with the characteristics of the surrounding neighborhood and maintains and enhances the harmonious, orderly and attractive development contemplated by Chapter 22,48 of the City's Development Code, the General Plan, or any applicable specific plan. (s) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; As referenced above in Item (h) and (1), the design of the existing telecommunications facility provides a desirable environment for a occupants of surrounding residences and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (t) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; As referenced in Items (h), (/) and (6)) above, the telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 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 a site plan, sections/ elevations, and landscape/irrigation plan, collectively labeled as Exhibit "A" dated December 11, 2001, as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, 0 commercial, construction, and industrial areas within the City. be the applicant's obligation to insure that the waste contractor ut has obtained permits from the City of Diamond Bar to provide-7such services. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with all Federal, state and City regulations. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/.Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit (f) Prior to the issuance of any City permits, the applicant shall submit a landscape/irrigation plan delineating the relocation of all shrubs, trees and ground cover removed. Said plans shall also delineate additional plant material required to camouflage the telecommunications facility to the Planning Division's satisfaction. (g) The pole housing the antennas and light fixture shall not exceed a height of 49 feet. (h) Prior to the issuance of any City permits, the applicant shall submit documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limit approved by the FCC for the City's review and approval. Prior to the issuance of any City permits, the applicant shall submit licenses and approvals to provide wireless telecommunications services to the City. If any work shall occur in the public right- of- way, the applicant shall submit plans for review and approval and obtain an encroachment permit. (k) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan delineating construction details, calculations, top of wall, bottom of wall and finished surface. Said wall shall not exceed a height of six feet. All plans shall conform to State and local building codes (i.e. 1998 edition of the California Uniform Building Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. 9 (m) Proposed antennas shall be engineered to meet win", Is of 80 m.p.h. with an exposure of "C". (n) All cables shall be installed underground. 10% 7*** (o) 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 and Development Services 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, school fees and fees for the review of submitted reports. (p) 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: Roman Catholic Church Abp, 3424 Wilshire Boulevard, Los Angeles, CA 90010 and Cingular Wireless, 2521 Michelle Drive, Tustin, CA 92780 APPROVED AND ADOPTED THIS 1 1TH OF DECEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. AM Chairman 7 I, James DeStefano, Planning Commission Secretary, do hereby certify that the oing Resolution was duly introduced, passed, and adopted by the Planning Commissio46 City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th d December 2001, by the following vote: AYES: NOES. ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary The Consulting Group, Inc. SITE PHOTOGRAPHS SB -106-01 2151 S. DIAMOND BAR BLVD. DIAMOND BAR, CA 91765 APN: 8292-001-012 V IL" LOOKING NORTH AT PROPOSED BTS EQUIPMENT LOCATION ,.• . .ji" �+'law. ter.. ""� a� .•.W�j 3i 1 a Ott. p Existing Sites_ ® Planned Sites Diamond Bar City Boundary 10 _ 1 130 VY1 -)uf WA Iffow""'A I NJ SB a Diamond BarSera/'7c/ Cc Ci Rd u f-) :E M -0 0 0 rD m m oxm.,Nznmm-,, a� owo-)Cmomlm� 13 ) (nal 10 m 0 0 mart n I D n 0 0 << 0 cn cn cn m m =rz)< MOO U3 .- 0 ) n l OU 0 c < w 0a 0 =1 C, 01 (D (a 0 U3 CL :0 0 a m m m0 aL J) a) Q r- a) r- 0 1� dtq m N M (0 M m 0i (D < rD < ul a rt m 0 (D -3 < ru O M0) :3 I to L - hl a Cl r - ( I n CD a co a 0) cl cl w w r - rt LM a to 0 0 ") n m m� m c1a'1 n<n 1- zn(nv�3, a a) ^ O -3 O O- D y N aR D V 1 O O o 7 7 n n m O w (D R O M Cl (O 7 0 (D t0 O o O rt a m r a O W O : o 3 \.l " 6 O R N (Ji O Ito 1�7 M In In (D n (0 O =r7 l< 00 - 0 U3 O ` Q d O d C O I d 0 `. t0 <LO an DO a £ N m N O/O V � � Lnd N N 7 ON d L y r m r o n LO fD < N < < (O ID N Oto < N O M o D N ter..-. (O 7 N R om <ru D i f � O tv a a r ( m a, o :3Q7 a R a. a m w r r. w N R a LD V C� 0 "( n m rn m ao o°�0Wnv���" m ulnen man GU3-1 3M wog °'" ml C7m cl a O n W o n G '� �.. O :T3 vV 0 O a O O n a K Ln] < < 1 IM 1 1011, � N m m O O' O< O \�. 7 f7 "1 C O to 1 O O �.. �nanlalanp. G W rr N Q Io f m mm a oa v Oary rarM.oa a m m n m m a LO < . m < N G a � Mm 7 LO rL, m .. < fU O m O 7 L L n n r f o a a a a m L a n � w 9 r r O w G UI L CTrY OF DIAMOND BAR DEPARTMENT OF COMMUNITY & DEVELOPMENT SERVICES Planning Division 2) 660 E. Copley I)iiv-- SL6tr- 190, I)imnandBm, CA 91765 (909)396-3676 Fax (909)86]-3iI7 CONDITIONAL USE PERMIT APPLICATION P.ccord Owner Applicant Nam -.Roman Cathn1Jr-.A1-hp. -Q! nail' a F. M.;;rk P -iv- ex a (Last —ofirSt)-Ellen Xolin- (I -st nain't first) Addrcss3424 Wilshire Blvd., City Los Ancieles,, CA - Zip 90010 Phone( 909-861-7106) Fax ( 2 5 2 1 Mi rh=1 1 = T) ?-I T,11,q,tJn. r--A- Phcme(,) 714-734-71(10 Fax ( ) 714-734-7530 Case FPL# �4 Deposit S Rzccipt # B), zol Date Azed Z -. ;Z FOR CM- .-USE Applicant's A2cmt Irv-inCA 92612 Phone( 906-2513 7/40 Fax 444- 477-3063 NOTE: It is the applicant's responsibility to notify the City in writing of any change of *the principals involved du-riug the processing of this case. (ArLac'-a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of co-ocTations.) Conserv'_. I., certify thixf I am the mmer of the herein described.properzy andparmirthe appLL-anttojzle, this re quest --- Siptd Please see 'attached LOA. Date 7/30/01 Cerii5watior: 1, the undersigned, hereby certtfy under penahy of perjury that the information herein provided is correct ili the best of myknow-led.-a. 'F�-a I 'lienry K. -Noh The Consulting Group, Inc. 7 Orii rr-an i cry A,2z. --rnt) —4r— Simtj Date Location 2151 South Diamond Bar .Blvd., Dijamonq Bar, CA 91765 'Street. address or r -act and lot number) Zoning R-3 8,000 House Numbering Map 1Q-5- f!` ;5 3,7 Previous Cases _Ulaknown Prescnt Us.- of Site Religious use - Church Usaapphzdfor Wireless Telecommunications Facility - Conditional Use Permit City of Diamond Bar CONDITIONAL USE PERAM Page Two Project Size (gross acres) 3 2 0 s . f . Project Density N/A Previous Cases Unknown Present Use of Site Religious Use for Church Domestic Water Source N/A Company/District Method of Sewage Disposal N/A Sanitation District Lading of Lots by Applicant? YES - NO X Amount (Show necessary grading design on site plan or tent. map) n CONDMON.AL USE PERMIT BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: (answers must be full & complete) A. That the requested use at the location proposed will not: Adversely affect the health, peace, comfort or welfare of persons residing or wonting in the surrounding area, or I. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. The proposed project will not adversely affect, be materially detrimental, jeopardize or endanger the public health, safety or welfare of any person or property within the surrounding ar B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in ibis Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. The propos.ed project site is adequate in size and shape to accommodate the screen walls, equipment and antennas for our development. C. That the proposed site is adequately served: By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and ?. By other public or private service facilities as are required, The proposed project is adequately served with existing paved streets and will not generate any traffic The proposed project also has adequate power and telco services. Residential: N/A Total Units Bachelor Total Pkg. Cov. Pkg. 1 Bedroom Uncov. Pkg. Project Size: 320- s . f . Lot Coverage: N/A 2 Bdrm. & larger Density _N/ A Maximum Height: No. of floors: N/A Sq. Footage = s - f . Non-residential: 320. s . f . N/A N/A ' Sq• ft. arna No. of Bldgs. Occupant Load* CUP Burden of Proof - Page I Parking: N/A Total Landscaping: N/A Sq. feet Standard Compact Handicap Grading: Y _ N _ _ N/A If yes, Quantity: Cut: Fill: Import: Y _ N_ If yes, Quantity: Export: Y N _ If yes, Quantity: * Occupant Load as calculated by the Building & Safety Divis health clubs, theaters, etc. ion is required for al! dining, take-out or assembly use, churches, LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s) Please see attached PTR. 0 Area devoted to structures Landscaping/Open spaces Residential Project: N/A and (gross area) (No. of lots) Proposed density- (Uaits/Acres) Parking N / A Required Provided Standard C otnD act Handicapped Tota) Conditional Use'Permit Burden of Proof - Page 2 INITIAL STUDY QUESTIONNAIRE (to be completed by applicant) A. GENERAL INFORMATION Project Applicant (Owner): Cinqu'Mar Wire -less — Mark Rivera I NAME Staff Use Project No. Project Representative: Henri, Noh The Consulting Group NAME 185nn Van i{ Lein Suite 870 ADDRESS Irving. r1A 92Fi12 (714) 734-7467 - (714) 906-2513 PHONE, 4 FAX# PHONE# FAX4 Anion requested and projectdc-scripti.on: Please see attached document. 2. Street location ofVrqJect:2151 S. Diamond Bar Blvd., Diamond Bar, CA 91765 Present use Of site: ReChurch TcN'iO'-'s use Of site or structures: Unknown 5. PrDL*ecl Description a. Site Size (IOW area) 320 S*. f .b. Square Footage (covered by structures, paving 300 s f Number Of floors of construction N/A d. Amount of off-stre;t 'Parking provided N/A e. Landscaping, open space N/A Propose scheduling N/A 9. Associated projects. N/A h. Anticipated incremental development N/A initial Study QucsUonnaim • page i. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and i) -pe of household size expected) N / A j. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales ares and loading facilities. N/A k. If industrial, indicate type, estimated employment per shift, and loading facilities N/A 1. If institutional, indicate the major .fime' tion, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A in. If the project involves a variance, conditional use or rezoning application, state this and indicate clearl3• why the application is required. Conditional Use permit - A rnnrIJ ti r+na1 Ilsen rm� i- rPr u� red because there is an _existing CUP on the nro�er y and our fac'iity intensifies the conditioned uses a --roved for this pro ert . 6. Plcase list all previous cases (if any) related to this project: _N/A 7. List related permit/approvals required. Specify type and granting agency. N/A 8. Are You planning future phases of this project? Y N X If yes, explain - 9. Present zoning: R-3 10. Water and sewer service: Domestic Public Water Sewers Does service exist at site? N/A Y _ N _ Y_ N If yes, do purveyors have capacity to meet demand of project and all other approved proj ects7 Y _. N _ Y N .__.. Initial Study Questionnaire. Pagel If domestic water or public sewers are not available, how will these services be provided? N/A 11. Residential Projects: N/A L Number' and type of units: b. Floor area of each unit: C. Number of floors d. Schools: What school district(s) serves the property? Arc existing school facilities adequate to meet project needs? YES NO If not, what provisions will be made for additional classrooms? 12. Non-residential projects: (commercial, industrial, institutional) a. Distance to•nearest residential use or sensitive use (school, hospital, etc.) App . 1.50 f t b. Number and floor area of buildings: _ C. _ -Number of employees and shifts: d. Maximum employees per shift: _. Operating hours: f Community benefit to be derived from project. N/A Unmanned facility N/A 24 hrs/day 7 days/week live or work within the surrounding area of 2151 S. Diamond Bar Blvd and areCingular customers will have continuous coverage. g. Identity any: End products NIA Waste products Means of disposal h. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO X If yes, explain Initial Study Quedionnaire - Pap 3 i. Do your operations require any presstuzzed tanks? YES NO X If yes, explain j. Identify any flammable, reactive or explosive materials to be located on-site. N/A k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? If yes, explain YES NO X 13. Associated Projects "'N/A 14. .Anticipated incremental development N/A 15. li residential, include the number of units, schedule of unit sizes N/A 16. •If comm-rcial, indicate the type, whethcr neighborbood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17. If industrial, indicate type, estimated employment.per shift, and loading facilities N/A l8. If institutional, indicate tate major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project N/A Initial Study Questiamairn - Page 4 B. ENTVMONMENTTAL INFORMATION (to be completed by applicant) I. Environmental Setting --Project Site a. Existing use/structures Religious Use — Church b. Topography/slopes —N/A *c. Vegetation N/A *d. A.nimds N/A °e, Watercourses N/A Cuhural/historical resources Unknown Omer 2. ~nviroamenta] Setting -- Surrounding Area a. �.xisting uses suruztures (types, densities) b. *c Topography/slopes N/A Vegetation N/A *d. Animals N/A Church & Church Hall initial study Qucfl.imnaire - page 5 *e. Watercourses . N/A f. Cultural/historical resources Unknown g. Other N/A * Answers are not required if -the area does not contain natural, undeveloped land. 3. Are there any major trees on the site, including oak trees, walnut trees, l vcamore, California pepper and arroyo %N,iIlow? YES NO X If yes, type and number: 4. Will any natural watercourses, s'erface flow patterns, etc., be changed through project development?: If yes, explain: YES. NO G-ad:az Wi!i the project require grading? YES NO X If yes, how many cubic yards? Rill is be balanced on-site? YES NO Lf not balanced, wbere wil] dirt be obtained or deposited? 6. .Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? L`yAs, explain: YES NO 7. Is the property locatcd within a high fire hazard area (hillsides with moderately dense vegetation)? YES NO _X Distance to nearest fire station: inaial Study Questionnaire - Page 6 8. Noise: Existing noise sources at site: The existing noise is generated from the auto traffic on Diamond Bar Blvd. Noise or Nib . ration to be generated by project: Minimni noise—generAterl by prr)pnc:z4=A prnj;=r_t. Noise- level is equivalent to a computer fan. 9. Fumes: Odors generated by project: _N/A Could toxic fames be generated? N/A 10. Dust: - Dust, ash, or smoke generated by project: N/A 11. What energy -conserving designs or material will be used? N/A CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation tthe best of my ability, and that the facts, statements, and information presented are true and correct to Q best of my knowl e and 'ef. Date For: Initial Study Questionnaire - Page 7 rY171111111111-, , CALIFORNIASTATE OF CITY OF DIAMOND BAR COUNTY OF LOS ANGELES I, ROBERT E. CUELLAR, hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County of Los Angeles within the area described and for a distance of seven hundred (700) feet from the exterior boundaries of property legally described on the application. I certify under penalty of perjury that the foregoing is true and correct. Date: AUGUST 8, 2001 Signed SITE # 0. t r DIAMOND2151 S. BLVD. CITY OF DIAMOND BAR COMMUNITY DEVELOPbIENT DEPARTMENT 21660. E. Copley Drive Suite. 190 (909)396-5676 Fax (909)861-3117 ��,,.•�.. VARIANCE APPLICATION Record Owner Applicant Norrie Roma n c4f h o 116 � bp. (Last name first) Address342q W*OAire, glad. city LOS Areae Ie5. Cly, zip Phony ) CJ0q' i 7(0 4. r7 1 Q i no lair- Marl/- Rivem U/ (Last name fust) 2-5z1 Mic ` Dr._ I us -h n , G/�, 01 7-'74b0 Phone( ) 1714.134- (7 3 0 0 FaxxC) q - 7-5q'7530 Casa VxM oto ©� ' 1 FPL a 2:021-�'3y Deposit S Receipt. # By Date Rec'd Applicant's Agent The Consu l -i na 6rou (Last name cru-st) henry Nob iQ7500 Vpn ua►rlivn S70 442(012 Phone( )7+4- 6106o- 2-515 Fix( ) 614cl. 4r7r ,3o63 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing ofany change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant to file this request. Signed Please See ci1i&) 0 h e A 1.0A Date 7130 01 (All racord owners) Certification: 1, the undersigned, hereby certify under penahy of pe 'ury that the information herein provided is correct to the best of my Knowledge. CZA/c— LJ/5Z5 2,r PAX Print Name Signed betty= and (Strut) (Street) ProjectSize(gross acr-,$) Project Density (y1Q Previous Cases U 0 V- m w n Pres.entUse ofSite P-61mUse- G6rc k Use applied for USIae 's TcIecorn munioffic s 1 52iG1�� Ir765 Domestic. Water. Sou= ��� Company/District Method of Sewage Disposal /A Sanitation Distract Grading of Lots by Applicant? YES NO_�_ Amount (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) Project Sion: ��� JL- ZZ -0 Gross Area No. of Lots Area devoted to : Structures N/A Open Space Residential project: N J, tet and Gross Area Proposed Density N/A Units/Acres Number and types of Units N/A Residential Parking: Type N//-\ No. of floors Required Provided Total Required Total Provided Staff Use Project No. IIVMAL STUDY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: GinAukir Mreless- Mark- Mem OmN Nl,1-1 h- Che ConsUih �r�Up NAME NAME X 521 M O)e ltlow 11b50o Von I a rmmn , SU I to X 70 ADDRESS ADDRESS 12- `7 '7 3Ii• "I to r7 r714- 90(o- )-51'6 PHONE # PHONE # 1. Action :-quested and project description: c� �f A Chem�rrt- 2. Str, at location of project: 2 51 S D i m mond Rte► r t31 Val , D 161 V I I MCA 001r, GA GI 1`71 5 3a. Present use of site: 9C' 1*0\ 6" t.5 U 5 e ' t''iil U rG i' i U 3b. Previous use of site or structure's: U -now n 4. Please iist all previous cases (if any) related to this project: 5. Other related permit/approvals required. Specify type and granting agency. G U P, G 1' ��/ OF DinmOnd fati- 6. Are you planning future phases of this project? Y O If yes, explain: 7. Project Area: Covered by structures, paving:_ A p p r 2-7-05.-1P. Landscaping, open space: N r— Total Arra: 8. Number of floors: N/A 9. Present zoning: R- 3_�� oa? 10. Water and sewer service: Domestic Public Water Sewers Does service exist at site? NIA Y N Y N If yes, do purveyors have capacity to meet demand of project and all other approved projects? Y N Y N If domestic water or public sewers are not available, how will these services be provided? N/A Residential Projects: N/A 11. Number and type of units: 12. schools: N/A What school districts) serves the property? Are existing school facilities adequate to meet project needs? YES NO If not, what provisions will be made for additional classrooms? Non -Residential projects: 13. Dista --I ���+ M. idential use or sensitive use (school, hospital, etc.) . 14. Number and floor arra of buildings: N//� 15. Number of employets and shifts: lhmoi n need Fc; I; {�y 16. Maximum employe= per shift: V /A 17. Operating hours: 2 hrS derby 7cl,,A y /wee �- 18. Identify any: End products N/A Wast. products Means of disposal 19. Do project operations use, store or produce hazardous substances; such as oil, pesticides, cbemicals, paints, or radioactive YES NO If yes, explain 20. Do your operations require any pressurized tanks? YES NO If yes, explain 21. Identify any flammable, reactive or explosive materials to be located on-site. N/A 22. Will delivery or shipm=t bucks travel through residential areas to reach the nearest highway? YES NO If yea, explain B. ENVIRONMENTAL INFORMATION 1. Environmental Setting—project Site a. Existing uw/str=wres P4.�► 6Us Use- Ghu rc b. Topography/slopes N /A *c. Vegetation N/ A *d- Animals NIA *e. WatercoursesN//-A f. Cultural/historical rsources UD V- n o W n g. Other 2. Environmental Setting — Surrounding Area a. Existing uses structures (types, densities): Church�'. GhurGh b. Tonography/slopes N /A► "c. Vegetation N /A *d Animals N /A *e. Watercourses N /A f. Culftu-WA istoncal resour= v h 1101N ri g• Other N/A 3. Are th.-m any major trees on the site, including oak trees? YES NO If yes, type and number 4. Will any natural watercourses, surface flow patterns, etc., be changed through project developm=t?: YES NO If yes, explain: 5. Gracing: Will the project require grading? NO If yes, how many cubic yards? P l". 0 g 0 GU bt- Will it be balanced on-site? YES NO If not balancers, where will dist be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO If yes, expiain: 7 • Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YDS NO Distance to nearest fire station: N/A�t $• Noise: Existing noise sources at site: The ey% otic`is ene�q�eOj �ypm-��►e%u�p "lTal Dlamood bar olvd. -- -�---- G on Noise to be generated by project: M i n t I 'Ion DI rA� ed �, m osed Noise level i S ecyui �t Izn� +D ct G J user -Fa� Fumes:' . p Odors generated by project: N /A Could toxic fumes be generated? N/A 9.. What energy -conserving designs or material will be used? N/A VARIANCE CASE -BURDEN OF PROOF ` In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare or persons residing or working in the surrounding arra, or 2. Be materially detrimental to the use, eajoymseat or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or other wise constitute a menace to the public health, safety or general welfare. The ro se&i r6 ecvi 1 nod oOy erse 1 1 -T i �► b i l i i e U l ._�e_._r a roI i� Orr)OU u bl i a► e r 1 Fir aln b h•n B. That the +p hpo�sod sltue r adequate 0 U it (A i g of req . dequate in size sad shape to accommodate the yards, walls, fences, paricing and loading facilities, landscaping and other development features prescribed in this Ordinance, or as is otherwise required in order to integrate said use with the uses in the surrounding area. � he ro os o' s i i s o► �e u�te ze ot r) of hej r, -i-o of C(D tnociai Gree 101 UiMelft on a; 7PV our develen r C. That the proposed site is ad ly served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as arc required. ed D. That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification. Please See %i}oic,' 'Gi Docuh'wt-it E. That such variance is necessary for the pres=vatioa of a substantial property right of the applicant such as that possessed by owners of other property -in. the same •viciniGyand zone. P t-eUse see A4fo&bM tbo(/Qme,nf F. That the gmating of the variance will not be mat=ially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. �'�eGse see A-fi'o��heo� I�OGutpen� CERTF CATION: I hereby certify that the statements fur ishal above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and cont to the best of my knowledge and be ef. G Date Si For. It should -also be noted that additional -environmental material/ data may be required before, project processing can begin and a public hearing meeting scheduled. The results of the gtafrr, environmental review (Initial Study) will be sent to you as soon as possible. -AT THE TIME THE INITIAL STUDY IS COMPL=---- D, YOU WILL ALSO BE INFORMED OF*ANY ADDITIONAL ENVIRONMENTAL FEES REQUIRED. Questioas regarding the Initial Study should be directed to the Diamond Bar Planning Division. City of Diamond Bar Community and Development Services, Date: 11-29-01 Planning Division, 21825 E. Copley Dr. Diamond Bar, CA 91765 ��� rC ^' n Subject: Conditional Use Permit No. 2001-04 Dear Sirs, We, the residents and property owners of Silver Hawk Dr., herewith express our deeply unhappiness and disagreement with the installation of Cingular wireless telecommunication facilities in the area of St. Denis Catholic Church, 2151 S. Diamond Bar Blvd., because: 1- Spoiling the view our houses. 2- Environmental Hazard, that would affect on the health of our children and pets. 3- and affecting on the value of our properties, the result of which would be meeting with a great loss and losing a lot of money. So, strongly we request you to prevent approving the plan. Sincerely, Residents of Silver Hawk Dr. 511ver "1 � � zt � � J �( i.l 2w►L ii t2 T CM w,UQU► d lel P. N'J LZ 4 ,., +v n t L L l0d i A-- 6,9 P_.6,,y, fit; . I� � � L�� =� �4 ,,,,�''�r•�--------.. [4* 40 • 01110% 0 Q62 NEGATIVE • NO. 2001-05 for CONDITIONAL USE PERMIT NO. 2001-04 DEVELOPMENT REVIEW NO. 2001-12 and VARIANCE NO. 2001-07 City of Diamond Bar 21825 E. Copley Drive Diamond Bar, County of Los Angeles, CA 91765 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) November 14, 2001 NEGATIVE DECLARATION NO. 2001-05 Project Description and Location • 1 § / i - 0111 ENVIRONMENTAL .ECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act § 15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of five parts: Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts PART 1 - BACKGROUND 1. City Project Number: Conditional Use Permit No. 2001-04, Development Review No. 2001-12, Variance No. 2001-07 and Negative Declaration No. 2001-05 2. Project Address/Location: St. Denis Roman Catholic Church, 2151 Diamond Bar Boulevard, Diamond Bar, CA 91765 3. Date of Environmental Information Form submittal: August 27, 2001 4. Applicant: Cingular Address: 2521 Michelle Drive, City/State/Zip: Tustin, CA 92780 Phone: (714) 906-2513 Fax: N/A 5. Property Owner: Roman Catholic Abp Address: 3424 Wilshire Boulevard, City/State/Zip: Los Angeles, CA 90010 Phone: (909) 861-7106 Fax: N/A 1 6. Lead Agency: City of Diamond Bar Contact: Ann J. Lungu, Associate Planner Address: 21825 E. Copley Drive, City/State/Zip: Diamond Bar, CA 91765 Phone: (909) 396-5676 -- - Fax: (909) 861-3117 7. General Plan Designation: Medium High Density Residential (max. 20 dwelling unit/acre) 8. Zoning: Limited Multiple Residence -Minimum Lot Size 8,000 Square Feet (R-3-8,000- 1 U) Zone Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The application is a request to install a wireless telecommunications facility that includes a 50 -foot high poll with, antennas and equipment cabinet The project will cause the removal of one light standard in the parking lot of St. Denis Catholic Church. The light standard will be replaced with a poll that houses the antennas and the light fixtures will be added to the poll. A wall not taller than six feet will surround the equipment cabinet It will be located across the drive aisle in the parking lot within the landscaped area All cabling will be installed underground. The project applications include Conditional Use Permit No 2001-04, Development Review No. 2001-12 and Variance No. 2001-07 A Conditional Use Permit is required pursuant to the development due to the type of use in a residential zone The Development Review relates to architectural and design review. The Variance relates to exceeding the allowable 35 -foot height within a residential zone, as does the proposed poll antenna that does not exceed a 50 -foot height. Pursuant to the City's Development Code, all applications will be processed at the same time and before the highest review authority. For this project, the highest review authority is the Planning Commission 10. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The proposed project site is developed with a church facility that includes church buildings, parking lot and mature landscaping Generally, the following zones and uses surround the proposed project: to the north and east is the -R-1-10,000 zone which contains single-family residence, to the south is the R -3-8,000-30U zone which contains multiple family residences; and to the west is the R -3-15U zone which also contains multiple family residences. 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None. 12. List City of Diamond Bar related applications for this project that must be processed simultaneously: Listed above in Items No. 1. & No. 9 13. List prior projects for this parcel: Conditional Use Permit No. 87-320/1987 processed by Los Angeles County Regional Planning for the construction of the church facility. 3 A 10 04 It so e CP 10 le de as 41 f is is 10 ORR it 4p T R .41 IZ c ..,Its 3r 4.Vb 0 C6 zi is t- 4rb. to, too .30 so It —A IN 75 V, LO ts 37 38 S vi .To .7, %'A d6 14 Ir I 4!b$ 0 10 Z& 19 > Ot 1* 00 tK 19 JJ r C5 to Rl —7 tl y 0 -S 4 i7 Nzz a Oi NDA L = �`� 1m tton t�o+1 / / `\♦ t \` vmy O�I m1�4 �Z n ♦ N— n p1 n •\ i % ` `♦ r \ � `gym m � ♦ \ / III, .ly ♦``♦ � ADN y �•:. IJ 10 06 Ix =ti / � t0 \�♦ ♦ On fin,` O \ \ m \� aye ♦ E� =N�' Ax ``` \ nj I \ �F Z `♦ ` `♦ \ e UZ I \\ Nn p m" p O IL Dm F,7 N i� 4 0 � L D o \ m o C16) � /`\ . y clys HIM m • R�S,S D z.. �� �� o BOJORQUEI The C I n g ulaC a UP s mss" Consultin9 = �� z = Bt ANdi:Rsoly Group,lnc. WIRELESS O L'o n oOSM ua1. a D2827 2521 MICHELLE AVE., 2nd FLOOR « 3-' c m N 10500 V Rarm.n A.- .. 5.11. 070 � y 7n: 71+.44+.5mo i c nmmm o:an TUSTIN, CALIFORNIA 92780 3c., .2— TEL Ua nap 71+.44+1503 (71) 606-D863 1 .(ug) 477-3063 oaPSc z rr S f www.cellularscience.com WIRELESS, Location: St. Denis Church-' 2151 S. Diamond Blvd. Diamond Bar, CA 91765 Site Number: SB -106-01 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning _ 9. Hazards _ 2. Population and Housing _ 10. Noise _ 3. Geologic Problems _ 11. Public Services _ 4. Water 12. Utilities & Service _ Systems — 5. Air Quality _ 13. Aesthetics _ 6. Transportation/ Circulation _ 14. Cultural Resources _ 7. Biological Resources _ 15. Recreation _ 8. Energy & Mineral 16. Mandatory Findings Resources _ of Significance _ ►j PART 3 - DETERMINATION To be completed by Lead Agency On the basis of this initial evaluation: Project Numbers: CUP 2001-04/VAR 2001-07/ DR 2001-12 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, significant unless mitigated. " if the effect is a "potentially significant impact" OR "potentially An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Ann J. Lungu Printed Name 5 November 14, 2001 Date PART 4 - EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis.) 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact. " The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section SVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. G 18. EARLIER ANALYSES Earlier analyses may be used here, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analyses. C) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated. " describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. N CITY • DIAMOND BAR DECLARATION NO. Initial Study and Findings (Environmental Information and Environmental Checklist) 2001-05 Existing Conditions: The project site is located within the General Plan land use designation area of Medium High Residential (max.12 d/u per acre) and is zoned R -3-8,000-1U. The land use and zoning designation allows for multiple -family residences and church/religious facilities with a Conditional Use Permit. The project site is approximately 6.5 gross acres and is developed with a fully operational church facility. The project application is proposing to install an unmanned wireless telecommunications facility that includes a 50 -foot high poll with antennas and equipment. The project will cause the removal of one light standard in the parking lot. The light standard will be replaced with the poll that houses the antennas and the light fixture will be added to the poll. A wall, not taller than six feet, will surround the equipment cabinet and will be located across the drive while in the parking lot within the landscape. All cabling will be installed underground. Pursuant to the City's Development Code, the proposed project is permitted within the specified zone and at the specified project site with an approval of a Conditional Use Permit. The Conditional Use Permit process will include standards and controls related to design and location of the project equipment, thereby ensuring consistency with the policies of the City as set forth in the General Plan. b. The project site is developed with a church facility constructed in the late 1980's. As a result, there was not nor is there currently any applicable habitat conservation plan or natural community conservation plan for the project site or the project area. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 11,x. C.L-AN"E"MPLA1 _NINC:;r"o ectt `� :" ' ° "y e a. Conflict with any applicable land use plan, policy, or rbgulation of an agency with jurisdiction over the project (including, but not limited to the General plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an X environ -mental effect? Source #s: General Plan, p. 1,10-27; City of Diamond Bar Development Code, Title 22, Article III, Section 22.42.130, p.1-17; Project application; b. Conflict with applicable habitat conservation plan or natural community conservation plan? Source #s: General Plan, p. I, 10-27; City of Diamond Bar Development Code, Title 22, Article III, X Section 22.42.130, p. 1-17; Project application; C. Be incompatible with existing land uses in the vicinity? Source #s: General Plan, p. I, 10-27; City of Diamond Bar Development Code, X Title 22, Article III, Section 22.42.130, p. 1-17; Project application; d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? Source #s: X MEA, I I -E-1-16; e. Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? Source #s: Project site plan; General Plan, 1-1 et seq., II -1 et seq.; City of X Diamond Bar Development Code, Title 22, p. II -8-18 Zone; Project application; Existing Conditions: The project site is located within the General Plan land use designation area of Medium High Residential (max.12 d/u per acre) and is zoned R -3-8,000-1U. The land use and zoning designation allows for multiple -family residences and church/religious facilities with a Conditional Use Permit. The project site is approximately 6.5 gross acres and is developed with a fully operational church facility. The project application is proposing to install an unmanned wireless telecommunications facility that includes a 50 -foot high poll with antennas and equipment. The project will cause the removal of one light standard in the parking lot. The light standard will be replaced with the poll that houses the antennas and the light fixture will be added to the poll. A wall, not taller than six feet, will surround the equipment cabinet and will be located across the drive while in the parking lot within the landscape. All cabling will be installed underground. Pursuant to the City's Development Code, the proposed project is permitted within the specified zone and at the specified project site with an approval of a Conditional Use Permit. The Conditional Use Permit process will include standards and controls related to design and location of the project equipment, thereby ensuring consistency with the policies of the City as set forth in the General Plan. b. The project site is developed with a church facility constructed in the late 1980's. As a result, there was not nor is there currently any applicable habitat conservation plan or natural community conservation plan for the project site or the project area. C. The proposed telecommunications facility is allowed in the R-3-8,000-1 U zone with a Conditional Use Permit approval. The Conditional Use Permit process will.review compatibility with existing land uses and ensure that the standards and controls set forth within the Development Code prevail, thereby causing the project to be consistent with the adopted policies of the City's General Plan. d. City of Diamond Bar does not have any agricultural resources or operations. e. Although the zoning designation of project site allows multiple family residences, the project site is. developed with a church facility constructed in the late 1980's: As a result, the proposed project will not disrupt or divide the physical arrangement of an established community including a low-income or minority community). Existing Conditions: a.- c., Although the zoning designation (133-8,000-1 U) of project site allows multiple family residences, the project site is developed with a church facility constructed in the late 1980's. Currently, church facilities are allowed within this zone with a Conditional Use Permit. Since the project site is developed with a church facility, the proposed project will not displace substantial number of people, induce gross in the area directly or indirectly or displace a substantial numbers of existing housing. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated a. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Source #s: 1990 Census of Population; Housing, MEA, p. II -1-19; X b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: 1990 Census of Population and X Housing; MEA, p. II -1-19; General Plan EIR, p. 38; General Plan Land Use Map, p.1-27; project site plan/application; C. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Sources #s: X Source #s: 1990 Census of Population and Housing; MEA, p.11-1- 19; General Plan EIR, p. 38; General Plan Land Use Map, p.1-27; project site plan/application; Existing Conditions: a.- c., Although the zoning designation (133-8,000-1 U) of project site allows multiple family residences, the project site is developed with a church facility constructed in the late 1980's. Currently, church facilities are allowed within this zone with a Conditional Use Permit. Since the project site is developed with a church facility, the proposed project will not displace substantial number of people, induce gross in the area directly or indirectly or displace a substantial numbers of existing housing. Existing Conditions: a. No portion of the City has been identified as in an Alquist-Priolo Special Studies Zone. The closest fault is the Diamond Bar fault, which is described as a "small inactive local fault". Historically, there is no record of any earthquake with an epicenter in Diamond Bar or its Sphere of Influence, and no significant movement has ever been recorded for the Diamond Bar fault. The Whittier -Elsinore fault lies approximately four miles from the project site and has been active in historic times. Three faults with the greatest potential for activity are located in excess of 20 miles from the proposed project. Therefore, the likelihood of fault rupture is limited. It is highly unlikely that the proposed project will result in or expose people to potential impacts involving fault rupture. However, the proposed project will be designed in accordance with current codes related to seismic forces. b. The proposed project site lies within an area identified as Seismic Zone 4 by the Uniform Building Code. The site does not appear to be located within an Earthquake Fault Zone. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 3. ` GEO�CIGI,C_'Syr•L�`PRCIBLEMS:�,.,.,T.ayu�d�ty Mu a' � .esu �`� �o , R• �� .w. •.. .,- .@X ose. e.0 �pi :tQ:} otent�al.im acist,i'�V.oC�in t ..4X4-..'-'�. T"f Fault rupture? Source #s: General Plan, p. IV -2, and 3, Fig. IV -1; ta�kl'eT �"H'rF,um�-'r.' a.9 ,.,,,�,.�'�� ��*,.; l bk.....:.+..a a. MEA, p. II -13-7 et seq.; General Plan EIR, Section III A., pg. 7-10; X Project application; b. Seismic ground shaking? Source #s: MEA, p. II -B-14, p. II -B-10, Fig. 11-B-5; Project application; X C. Seiche (water tanks, reservoirs)? Source #s: Walnut Valley Water District Map 1996; Project application; X d. Landslides or mudflows? Source #s: General Plan, p. IV -3, Fig. IV -1; MEA, p. II -B-3, Fig. II -B-2; II -B-15 State of California Seismic Hazard Zones Map dated April 15,1998; Project application; City's Public X Works Division; e. Erosion changes in topography or unstable soil conditions from excavation, grading, or fill? Source #s: General Plan, p. IV -3, Fig. IV -1; Project application; City's Public Works Division; X f. Subsidence of the land? Source #s: MEA, p. II -B-16; Project application; City's Public Works Division; X g. Expansive soils? Source #s: MEA, p. II -B-16; Project application; City's Public Works Division; X Existing Conditions: a. No portion of the City has been identified as in an Alquist-Priolo Special Studies Zone. The closest fault is the Diamond Bar fault, which is described as a "small inactive local fault". Historically, there is no record of any earthquake with an epicenter in Diamond Bar or its Sphere of Influence, and no significant movement has ever been recorded for the Diamond Bar fault. The Whittier -Elsinore fault lies approximately four miles from the project site and has been active in historic times. Three faults with the greatest potential for activity are located in excess of 20 miles from the proposed project. Therefore, the likelihood of fault rupture is limited. It is highly unlikely that the proposed project will result in or expose people to potential impacts involving fault rupture. However, the proposed project will be designed in accordance with current codes related to seismic forces. b. The proposed project site lies within an area identified as Seismic Zone 4 by the Uniform Building Code. The site does not appear to be located within an Earthquake Fault Zone. I C. The closest reservoir is the Ridgeline Reservoir, approximately 3/4 miles, by direct route, in a southwesterly direction. If seiche occurs, it will not affect the project site. Additionally, the project is not located near any volcanic mountain regions. There are no large bodies of water in close proximity to the project site. d. According to the State of California Seismic Hazard Zone Map, the project does not appear to be in a potential liquefaction zone. The installation of the proposed project could be considered minor construction compared to the current development of the project site. Additionally, City permits and inspections are required to insure compliance with all codes. e. The proposed project is considered minor construction compared to the site's current development and requires minimal time to complete the construction. It is not expected that the installation of the proposed project will make changes in the topography or unstable soil conditions from excavating grading or fill, nor'is erosion problems expected to occur. f. Subsidence of land is not expected to occur due to the proposed project's minor construction. 9. It is not anticipated that proposed project would result in or expose people to potential impacts involving expansive soils. Additionally, the proposed project is required to comply with all City standards and inspections to the issuance of City permits. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorp rated WATEF( (ii"IS a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: City of Diamond Bar Public X Works Division; Project site plan; b. Exposure of people or property to water related hazards such as flooding? Source #s: General Plan, p. IV -4, Fig. IV -2, FEMA Flood X Panel No. 0650430980 B, Zone C, 12/2/80; Project application; C. Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Source #s: X MEA, p. II -C-3, 4, Fig. 11-C-1; Project application; d. Changes in the amount of surface water in any water body? Source #s: MEA, p. II -C-3, 4, Fig. II -C-1; X e. Changes in currents, or the course of direction of water movements? Source #s: MEA, p. II -C-3, 4, Fig. 11-C-1; City of Diamond Bar Public Works Division; Project application; X f. Changes in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater X recharge capability? Source #s: MEA, p. 11-c-3, 4, Fig. 11-C-1; Project application; 9. Altered direction or rate of flow of groundwater? Source #s: City of Diamond Bar Public Works Division; Project application; X h. Impacts to groundwater quality? Source #s: MEA, p. II -P-3-8; Project application; X i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source #s: MEA, p. 11-P-3-8; X Project application; j. Place housing within a 100 -year flood hazard area as mapped on the Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map or place with 100 -year flood X hazard area structures, which would impede or re -direct flood flows? Source #s: General Plan, p. IV -4, Fig. IV -2; MEA, p. II -C-1 et seq.; Existing Conditions: a. —j. The project site is completely developed with a church facility that was permitted early 1980s. The installation of the proposed telecommunications facility will take place within the parking lot at the proportion of the site. It does not require extensive grading or changes in topography. The project area will only utilize 320 square feet of a 6.68 acres. The project site is not located within a flood hazard area. As a result, it is not anticipated that the proposed project will change absorption rates or drainage patterns or the rate and amount of surface runoff. Additionally, it is not anticipated that the proposed project will expose people or property to water related hazards such is flooding. Furthermore is not anticipated that the proposed project will change the amount of surface water in any water body, change currents or courses of water movement, or cause discharge into surface water, thereby affecting water quality. It is not anticipated that the proposed project will cause a substantial reduction in the amount of groundwater for public supply. Additionally, the groundwater is not utilized for domestic supply, but only for reclaimed water supply. Therefore, the proposed project will not cause a significant reduction in groundwater supplies or availability of groundwater for public water supplies. Existing Conditions: a. -d. The project site is completely developed with a church facility that was permitted early 1980s. The installation of the proposed telecommunications facility will take place within the parking lot at the proportion of the site. It does not require extensive grading and the installation of the proposed project could be considered minor construction. The project area will only utilize 320 square feet of a 6.68 acres. As a result, the proposed project is not expected to conflict with or obstruct the implementation of the applicable air quality plan or create objectionable odors. There are no sensitive receptors within the vicinity of the project site. Due to the minimal construction it will take to install the proposed telecommunications facility, the affect will be temporary it will not result in a considerable net increase of any pollutant for which the project region is non - attainment under applicable Federal or State ambient air quality standard. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 5 .:. AIR; QUALITY .. :,. 1L1. 4.._.,.. .._.. Conflict with or obstruct the implementation of the applicable air �4'cPS� a.. quality plan? Source #s: SCAQMD Air Quality Handbook; X b. Expose sensitive receptors to pollutants? Source #s: MEA, p. II -F-8- 10, Fig. II -F-3; Project application; X C. Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone X precursors)? Source #s: SCAQMD Air Quality Handbook; Project application; d. Create objectionable odors? Source #s: SCAQMD Air Quality Handbook; X Existing Conditions: a. -d. The project site is completely developed with a church facility that was permitted early 1980s. The installation of the proposed telecommunications facility will take place within the parking lot at the proportion of the site. It does not require extensive grading and the installation of the proposed project could be considered minor construction. The project area will only utilize 320 square feet of a 6.68 acres. As a result, the proposed project is not expected to conflict with or obstruct the implementation of the applicable air quality plan or create objectionable odors. There are no sensitive receptors within the vicinity of the project site. Due to the minimal construction it will take to install the proposed telecommunications facility, the affect will be temporary it will not result in a considerable net increase of any pollutant for which the project region is non - attainment under applicable Federal or State ambient air quality standard. Existing Conditions: a. -g. The proposed project is an unmanned telecommunications facility that will be installed on a site developed with a church facility. The telecommunications facility will require maintenance on a monthly basis by 1 to 2 maintenance personnel and one service vehicle. As a result, it is not expected that the proposed project will substantially increase in vehicle trips, thereby increasing hazards due to design or incompatibility of use. The proposed project does not affect emergency access, parking capacity on-site, or cause an increase in level of service standard established by the county congestion management agency for designated roads and highways. The proposed project is not expected to conflict with adopted policies, plans, or programs supporting alternative transportation; nor change in rail, water, or air traffic patterns. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated TRANSP_ORTAI0MCIRCIfL�i,1TI0N'Goul' the rQ ecttasul_Y «.G, )�r x j a. An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads,'or congestion at intersections) Source #s: X Project application/site plan; b. Substantially increase hazards due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Source #s: City's Public Works Division; Project X application/site plan; C. Inadequate emergency access? Source #s: City's Public Works Division; Project application; X d. Inadequate parking capacity on-site? Source #s: City of Diamond Bar Development Code, Tittle 22, p. III -91, et seq.; Project site plan; X e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads and highways? Source #s: City's Public Works Division; Congestion Management Plan, Ordinance No. 01 (1993); X City of Diamond Bar Development Code, III -157 et. seq.; f. Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnabouts, bicycle racks)? Source #s: General Plan, p. V-22; Congestion Management Plan, Ordinance No. 01 (1993); City of Diamond Bar Development Code, X III -157 et. seq.; g. Change in rail, water, or air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risk? Source #s: MEA, p. II -T-36; Project X application; Existing Conditions: a. -g. The proposed project is an unmanned telecommunications facility that will be installed on a site developed with a church facility. The telecommunications facility will require maintenance on a monthly basis by 1 to 2 maintenance personnel and one service vehicle. As a result, it is not expected that the proposed project will substantially increase in vehicle trips, thereby increasing hazards due to design or incompatibility of use. The proposed project does not affect emergency access, parking capacity on-site, or cause an increase in level of service standard established by the county congestion management agency for designated roads and highways. The proposed project is not expected to conflict with adopted policies, plans, or programs supporting alternative transportation; nor change in rail, water, or air traffic patterns. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation `�'K" {R� ,/.a� ESOUiCES. ltjl 1 ''t 7.., Y,'O OGICA�R e .. ... TRY_ b he � _.r,.o eci� - .. ncor orated a. Substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plan, policies, or , regulations, or by the California Department of Fish and Game or X U.S. Fish and Wildlife Services? Source #s: MEA,p. II -D-1-8; General Plan, p. III -11; Project site plan/ application; b. Substantial adverse effect on and riparian habitat, federally protected wetlands as defined by Section 404 clean Water Act, or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: MEA, p. X II -D-1-8; General Plan, p. III -11; City of Diamond Bar Development Code, p. III -149 et seq.; Project site plan/application; c. A conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Source #s: MEA, p. II -D-1-8; General Plan, p. III -11, City of Diamond Bar X Development Code, p. III -149 et. seq.; d. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional or state habitat conservation plan? Source #s: General X Plan, p. 1-15-16, p. III -11; MEA, p. II -D-1-8; City of Diamond Bar Development Code, p. III -149 et. seq.; e. Substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife X nursery sites? Source #s: MEA, p.11 -D-1-8 & 18; Existing Conditions: a. -e. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The church facility includes structures, mature landscaping with irrigation and parking lot areas. As a result, it is not anticipated that the installation of a telecommunications facility will adversely affect any species identified as sensitive, or special status, or adversely affect riparian habitat, federally protected wetlands as defined by Section 404 Clean Water Act in local or regional plan, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Services. Additionally, the proposed project is not expected to conflict with any local policies or ordinances protecting biological resources or with adopted Habitat Conservation Plan, or other approved local, and regional or state habitat conservation plans. Furthermore, the proposed project is not within a migratory wildlife corridor. Existing Conditions: a. -c. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The church facility includes structures, mature landscaping with irrigation and parking lot areas. The installation of the telecommunications facility will connect to existing on-site electricity. The proposed project will be required to comply with the Uniform Building Code designed and construction standards and City's Energy Conservation Standards. It is not anticipated that the installation of the proposed telecommunications facility will use non-renewable resources in a wasteful and inefficient manner or will result in the loss of availability of known mineral resources that would be of future value to the region and the residents of the State. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 8�>.::.ENERGYAND:MWERALt3ESO1:�RES1lQu.. ro :c_.`., w .�,����� x",���M� a. Conflict with adopted energy conservation plans? Source #s General Plan, p. III -14; Uniform Building Code 1998; X b. Use non-renewable resources in a wasteful and inefficient manner? Source #s: MEA, p.11 -S-1; Uniform Building Code, 1998; Project X application; C. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Source #s: MEA, p. III -B-17; Project application; X Existing Conditions: a. -c. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The church facility includes structures, mature landscaping with irrigation and parking lot areas. The installation of the telecommunications facility will connect to existing on-site electricity. The proposed project will be required to comply with the Uniform Building Code designed and construction standards and City's Energy Conservation Standards. It is not anticipated that the installation of the proposed telecommunications facility will use non-renewable resources in a wasteful and inefficient manner or will result in the loss of availability of known mineral resources that would be of future value to the region and the residents of the State. Existing Conditions: a. -e. The FCC has ruled that telecommunications facilities do not cause any health hazards. The proposed project will be in compliance with all FCC requirements and standards. As a result, it is not anticipated that the proposed telecommunications will cause significant hazard to the public or the environment. It is expected that the proposed telecommunications facility will fill in an area that currently has insufficient service. Therefore, the proposed telecommunications facility should be helpful in a public emergency situation. Furthermore, it is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 9 y HOARDS .RIto`Ittf`i re o ect Create a significant hazard to the public or the environment through a. the routine transport, use, or disposal of hazardous material; or create a significant hazard to the public or the environment through X reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Source #s: MEA, p. II-M-1; Project application, General Plan, p. IV-1 et seq.; b. Impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Source #s: Multihazard Function Plan, City of Diamond Bar, 1992; Project X application; C. Emit hazardous emissions or handle hazardous or actively hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Source #s: Walnut Valley X Unified School District; Pomona Unified School District; City of Diamond Bar Nouse Numbering Map; d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Source #s: MEA, p. II-M-1 et seq.; X project application/ site plan; e. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Sources #s: MEA, p. II-K-1; General Plan, p. IV-1 et. X seq.; Uniform Building Code, 1998; project application/site plan; Existing Conditions: a. -e. The FCC has ruled that telecommunications facilities do not cause any health hazards. The proposed project will be in compliance with all FCC requirements and standards. As a result, it is not anticipated that the proposed telecommunications will cause significant hazard to the public or the environment. It is expected that the proposed telecommunications facility will fill in an area that currently has insufficient service. Therefore, the proposed telecommunications facility should be helpful in a public emergency situation. Furthermore, it is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Existing Conditions: a. -b. The proposed telecommunications facility is quiet operating equipment. The traffic traversing Diamond Bar Boulevard creates noise level far beyond that o which could possibly be created by the proposed facility. As a result, the proposed telecommunications facility is not expect to expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, or expose persons to excessive groundborne vibration or groundborne noise levels. Furthermore, it is not expected that the proposed facility will substantially increase permanently, temporarily, or periodically the ambient noise levels in the project vicinity above levels existing without the project. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated "`CAM ,OI-oA061$ct- 1 a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or exposure of persons to or generation of excessive groundborne vibration or groundborne X noise levels? Source #s: General Plan, p. IV-15; MEA, p. 11-G-1 et seq.; City of Diamond Bar Development Code, p. 111-81 et.seq.; Project application; I b. A substantial permanent increase or temporary or periodic in ambient noise levels in the project vicinity above levels existing without the project. Source #s: General Plan, p. IV-15; MEA, p. 11-G- X 1 et seq.; City of Diamond Bar Development Code, p. 111-81 et. seq.; Project application; Existing Conditions: a. -b. The proposed telecommunications facility is quiet operating equipment. The traffic traversing Diamond Bar Boulevard creates noise level far beyond that o which could possibly be created by the proposed facility. As a result, the proposed telecommunications facility is not expect to expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, or expose persons to excessive groundborne vibration or groundborne noise levels. Furthermore, it is not expected that the proposed facility will substantially increase permanently, temporarily, or periodically the ambient noise levels in the project vicinity above levels existing without the project. Existing Conditions: a. -d. ' The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The addition of an unmanned telecommunications facility is not expected to have an effect on or increase the need for fire and police protections, additional schools, additional maintenance of public facilities including roads, or other governmental services. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated PUBLICSERYICESWoI a. Ko cha a�n a eta a o ._ �^fK'" s�k �Y� kr` �J' � ,hh� Yy� ��4t`5 t iy 'G,Ki'9JcWY tom; resale qee ifo ^o� a fe+goue n' se : icy r � ` G`,.� ,I -•h $h`4�'L p.. : t MTt' a. Fire Protection? Source #s: General Plan, p. VI -3; Project application; X b. Police Protections? Source #s: General Plan, p. VI-3;Function Plan, City of Diamond Bar, 1992; Project application; X C. Schools? Source #s: MEA, p. II -0-1; X d. Other governmental services? Source #s: General Plan, p. VI -1 et seq.; X Existing Conditions: a. -d. ' The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The addition of an unmanned telecommunications facility is not expected to have an effect on or increase the need for fire and police protections, additional schools, additional maintenance of public facilities including roads, or other governmental services. Existing Conditions: a. -g. The installation of the proposed telecommunications facility will not result in the need for new systems or supplies or substantial alterations to the following: electrical power or natural gas; communication systems; local or regional water treatment or distribution facilities; sewer systems; storm drainage systems; and solid waste disposal systems. All systems and supplies necessary for the proposed facility are existing. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated .fes i f sysYB--��� aneetl for new=temstorsii Y` i' 1 �,:.b`�i�µQ,'�Yi)1,}� M •� , ' � � { { � '�d _ : : i ` ' '.L it l�J . 'a. Power or natural gas? Source #s: General Plan, p.1-18, VI -2; Project application; X b. Communication systems? Source #s: General Plan, p.1-18, VI -2; Project application; X C. Local or regional water treatment or distribution facilities? Source #s: General Plan, p.1-18, VI -2; Project application; X d. Sewer or septic tanks? Source #s: General Plan, p.1-18, VI -2; Project application; X e. Storm water drainage? Source #s: General Plan, p.1-18, VI -2; Project application; X f. Solid waste disposal? Source #s: General Plan, p.1-18, VI -2; Project application; X g. Local or regional water supplies? Source #s: General Plan, p.1-18, VI -2; Project application; X Existing Conditions: a. -g. The installation of the proposed telecommunications facility will not result in the need for new systems or supplies or substantial alterations to the following: electrical power or natural gas; communication systems; local or regional water treatment or distribution facilities; sewer systems; storm drainage systems; and solid waste disposal systems. All systems and supplies necessary for the proposed facility are existing. Existing Conditions: a. -c. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The church facility includes structures, mature landscaping with irrigation and parking lot areas. The proposed telecommunications facility would cause the removal of existing light pole that is approximately 32 feet in height that is located at the rear portion of the project site within the parking lot. It will also cause the installation of a pole approximately 49 feet tall which contains the antennas within the pole. The antennas are not typical array type, but are fully enclosed within the pole. Below the antenna section approximately at the height of 32 feet the light fixture will be installed. As a result, the pole's use will be two - house the antennas and support the light fixture. Pursuant to the Development Code, the maximum of this structure within the R-3-8,000-1 U zone is 35 feet. Due to the poll's height of 49 feet, a Variance approval is required. It is anticipated that the installation of the proposed project at the proposed height will have a less than significant impact because of its location, the surrounding mature landscaping and trees, and the sloping upward of the hilly terrain within the rear portion of the project site. It is expected that the pole will assume the same visual characteristic as the existing light pole fixtures. Additionally, the proposed project will not create a new source of light or glare that will affect the surrounding area. Furthermore, the project site or the area surrounding the project site is not considered a scenic vista or scenic resource. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 134 �AESTHETiCS,,aCa�i(i .ro ect,V1100-6100- wl- . a a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to trees, rock out croppings, and historic buildings within a state scenic highway? X Source #s: General Plan, p. III-10;Project application; b. Substantially degrade the existing visual character or quality of the site and its surroundings? Source #s: General Plan, p. III-10; City of Diamond Bar's Development Code, p. IV-11 et. seq.; City Design X Guidelines, p.1-25; Project plans/application; C. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: City of Diamond Bar's Development Code, p. IV-11 et.seq.; City Design X Guidelines, p.1-25; Project plans/application; Existing Conditions: a. -c. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The church facility includes structures, mature landscaping with irrigation and parking lot areas. The proposed telecommunications facility would cause the removal of existing light pole that is approximately 32 feet in height that is located at the rear portion of the project site within the parking lot. It will also cause the installation of a pole approximately 49 feet tall which contains the antennas within the pole. The antennas are not typical array type, but are fully enclosed within the pole. Below the antenna section approximately at the height of 32 feet the light fixture will be installed. As a result, the pole's use will be two - house the antennas and support the light fixture. Pursuant to the Development Code, the maximum of this structure within the R-3-8,000-1 U zone is 35 feet. Due to the poll's height of 49 feet, a Variance approval is required. It is anticipated that the installation of the proposed project at the proposed height will have a less than significant impact because of its location, the surrounding mature landscaping and trees, and the sloping upward of the hilly terrain within the rear portion of the project site. It is expected that the pole will assume the same visual characteristic as the existing light pole fixtures. Additionally, the proposed project will not create a new source of light or glare that will affect the surrounding area. Furthermore, the project site or the area surrounding the project site is not considered a scenic vista or scenic resource. Existing Conditions: a. -e. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The church facility includes structures, mature landscaping with irrigation and parking lot areas. The project site does not contain paleontological, archeological, and/or historical resources or unique geological features. Furthermore the proposed project will not cause a physical change which would affect unique ethnic cultural values more restrict existing religious or sacred uses. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated CUTORR._. ` Directly or indirectly destroy a unique paleontological resource or � a. site or unique geologic features? Source #s: MEA, II-H-1 et. seq.; Project application; X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5. Source #s: MEA, II- H-1 et seq.; Project plans/application; X C. Cause a substantial adverse change in the significance of historical resources as defined in 15064.5? Source #s: MEA, II-H-let seq.; Project plans/application; X d. Have the potential to cause a physical change, which would affect unique ethnic cultural values? Source #s: MEA, II-H-let seq.; Project plans/application; X e. Restrict existing religious or sacred uses within the potential impact area? Source #s: MEA, II-H-1 et seq.; Project plans/application; X Existing Conditions: a. -e. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. The church facility includes structures, mature landscaping with irrigation and parking lot areas. The project site does not contain paleontological, archeological, and/or historical resources or unique geological features. Furthermore the proposed project will not cause a physical change which would affect unique ethnic cultural values more restrict existing religious or sacred uses. Existing Conditions: a. -b. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. As such, the proposed project is not expected to increase the demand for existing neighborhood and regional parks or other recreational facilities. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 1:5' -2 CUCTURALRES.OURCE .Lou�di_e o e, ., .._ ..._. _ .. __. .�.... ...-.. _- .. ..i Increase the demand use of existing neighborhood and regional .. ,' 15 �r���fr. a. parks or other recreational facilities such that substantial deterioration of the facility would occur or be accelerated? Source X #s: General Plan, p. II -1 et seq.; Project application; b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Source #s: General Plan, p. II -1 X et seq.; Project plans/application; Existing Conditions: a. -b. The proposed project is an unmanned telecommunications facility that will be installed on a site developed in the late 1980s with a church facility. As such, the proposed project is not expected to increase the demand for existing neighborhood and regional parks or other recreational facilities. Existing Conditions: a. Due to the information presented in the application, plans submitted and site survey, it is anticipated that the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of Fish or wildlife species, cause fish or wildlife population to drop below self-sustaining level, threatened to eliminate a plant or animal community, reduce the number or restrict the range of rare endangered plant or animal or eliminate important examples of major periods of California history or pre -history. b. Due to the information presented in the application, plans submitted, site survey, and analysis within this document, it is anticipated that the proposed project does not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. C. Due to the information presented in the application, plans submitted, site survey, and analysis within this document, it is anticipated that the proposed project does not have impacts that are individually limited, but cumulatively considerable. d. Due to the information presented in the application, plans submitted, and analysis within this document, it is anticipated that the proposed project is not have environmental effects, which will cause substantial as adverse effects on human beings, either directly or indirectly. ENVIRONMENTAL ISSUES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated _._.. 1:6:. :MANDATOR_Y., FINDIt�1GS OF (F a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self X sustaining level, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X C. Does the project have impacts that are individually limited, but cumulatively considerable? ("cumulatively considerable" means that the incremental effects of a project are considerable when viewed in X connection with the effects of past projects, the effects of other current projects, and the affects of probable future projects.) d. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? X Existing Conditions: a. Due to the information presented in the application, plans submitted and site survey, it is anticipated that the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of Fish or wildlife species, cause fish or wildlife population to drop below self-sustaining level, threatened to eliminate a plant or animal community, reduce the number or restrict the range of rare endangered plant or animal or eliminate important examples of major periods of California history or pre -history. b. Due to the information presented in the application, plans submitted, site survey, and analysis within this document, it is anticipated that the proposed project does not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. C. Due to the information presented in the application, plans submitted, site survey, and analysis within this document, it is anticipated that the proposed project does not have impacts that are individually limited, but cumulatively considerable. d. Due to the information presented in the application, plans submitted, and analysis within this document, it is anticipated that the proposed project is not have environmental effects, which will cause substantial as adverse effects on human beings, either directly or indirectly. NO 09LZ6 VINHOJIIV:) -mism 2I0013 PAZ "3AV 3113H0IN LZ9Z . gqd VI? a 3= -DulldnojE) NOSZ13PN 19 - z SM1381M ng - Bul nnibzlolou .41nsuo:) 9qjV M AIDInf5up 0 KluNH Ah W a, Goo LU cin ORas < 0 Q'M R 7' -j q R c (L 2 M CO m7' 7' ww ® CL CL V) m V) X Lij V) 0 V P ry Val, ex— W z Sal jj LL 1 Y Rd t z 2<� r It n in 2 4. gy. Me hfo FUL s -0 WN 11-KO"M 9 MR, btl A W C N, 2 m Erg .2% al ul ult 10, I -i 11 Ila 1� E R� 98@;gP J ? 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H. 5 aai BB� S lass 4 ,� zg o� iRi \`aa n L .V O O �M p a Z. G"8� -sssc OHLZ6 tlIN80311VT 'N115(11 «r (re).•ol .seen-ssa (r1U zszoi�+^In�'•w"n x en) sIcINm ioNr0+V oae66-u3 qq g g$ ul 80013 PA •w 3 3•r 'S35V10r0• SoNSl•auVamuvO SNVA3 OIAVoOo o cm =o N C =c= > SSY3�131JIM(� '�ul`dnoa� �G W C .3,,J i 3 n b U I fw;lnsuo yl m x s G- N '04.22 o 3 .� i cr ,.;• d? tl3di�CV3333k�?E7d9Rd2861@§ . '-r' 4 gga m e g 9 bb Nfi Z�� � CY�9�O�I'�tKry®i�I• o5i }"Q��92���}( f-! r f. 1 ? e parry _,a1 C � ✓rr n°r _ a Gh 0 i Y F i City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.2 REPORT DATE:. December 3, 2001 MEETING DATE: December 11, 2001 CASE/FILE NUMBER: Development Review No. 2001- 20 APPLICATION REQUEST: To construct a two-story single- family residence with a basement, two, two -car garages and balconies /patios totaling to approximately 11,410 square feet. The request also includes retaining walls within rear/side and front yards with a maximum exposed six-foot height. PROJECT LOCATION: 22883 Canyon View Drive (Lot 4, Tract No. 51169) Diamond Bar, CA 91765 PROPERTY OWNER: Great Aim Enterprises 430 S. Garfield, #328 Alhambra, CA 91801 APPLICANT: Jerry Yeh Horizon Pacific 2707 Diamond Bar Blvd., #202 Diamond Bar, CA 91765 BACKGROUND: The property owner, Great Aim Enterprises and applicant, Jerry Yeh are requesting approval of Development Review No. 2001-20 (pursuant to Code Section 22.48.020.A.) in order to construct a two-story single-family residence with a basement, two, two -car garages and balconies /patios totaling to approximately 11,410 square feet. The request also includes retaining walls within the rear/side and front yards with a maximum exposed height of six feet. 0 The project site is part of a 13 lot residential subdivision approved by the City Council in November 1994. The subdivision allowed for the creation of buildable pads for each lot and mitigation monitoring slopes that provided the opportunity to replace natural habitat destroyed by the project's development. The project site, an existing vacant lot located at 22883 Canyon View Drive (Lot 4, Tract No. 51169) within a gated community identified as "The Country Estates". The project site is irregular shaped. It is approximately 69,750 gross square feet with a buildable pad area of approximately 19,603 square feet. According to Tract Map No. 51169, the Project site contains an easement for slope and drainage maintenance purposes in the front, side and rear portions of the project site. The slope drainage easement is currently maintained with minimal native vegetation. Also, within the front portion of the site adjacent to Canyon View Drive are easements for access, sanitary sewer, public utility and public services. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and zoning designation of Single Family Residence -minimum Lot Size 20,000 Square Feet (R-1-20,000). Generally, the following zones surround the project site: to the north and west is the R-1-20,000 Zone; and to the south and east is the R-1-20,000 and Heavy Agricultural (A-272) Zones. ANALYSIS: Development Review The City's Development Code sets forth a Development Review process. The purpose of this process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Pursuant to Development Code Section 22.48.020.A., an application for Development Review is required for residential projects, which involve construction on a vacant parcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on site, or have a 10,000 square feet or greater of combined gross floor area. The proposed residential project is on a vacant lot with a gross floor area of approximately 11,410 square feet. As such, this project requires Development Review and the Planning Commission is the review authority. 2 Development Standards The following is a comparison of the City's and the Tract Map's required development standards and the project's proposed development standards. CITY,'S/MAPI'S REQUIRED DEVELOPMENT PROPOSED PROJECT'S STANDARDS DEVELOPMENT STANDARDS Lot 4 Lot 4 Setbacks: Minimum Setbacks:' • Front yard - min. 25 ft. from 0 Front yard - 130 ft. from property property line; line; • Side yard - 10 & 15 ft. from pad's 0 Side yard - 18 ft. from the pad's edge with 40 ft. between dwelling edge & 50-125 ft. to property line & units on adjoining parcels; expanding the pad's edge by 20 ft., thereby encroaching into the slope drainage easement; separation from residence on Lot 3-45 ft. & 29 ft. from residence on Lot 5; • Rear yard - 25 ft. from pad's edge; • Rear yard - 60 ft. property line (in this case, property line is pad's edge); Building Height Building Height: • Maximum 35 ft. measured from natural • Two stories with basement - 35 ft. or finished grade; from finished grade; Parking: Parking: Two car garage - minimum; • Attached two, two car garage (301 (2 -bays - 201x201); x 25.51 & 20.5' x 221)garage; and Accessory Structures: Accessory Structures: Utilize setback distance from pad's • Pool/spa - side setbacks -30 ft. & 60 edge/property line consistent with the ft.; rear setbacks -18 ft. residential zoning district setbacks from property line for the property at the time of permit issuance. The proposed project complies with all the required City and map development standards except for expanding the pad at the north portion of the project site. 9 Architectural Features and Colors The proposed residence's architectural style is Mediterranean. This style is compatible with other residences within Tract No. 51169 and "The Country Estates" due to the eclectic architectural style that is existing in this area. A materials /colors board has been submitted -which I delineates the following: * Exterior stucco walls: * Typical Stucco - Chablis X-12 (Base 100), medium off-white; ♦ Roof tile: + MCA Clay Tile -Blend #8 (terra cotta); * Window Frame: * Trim - White; "The Country Estates" homeowners, association architectural has approved committee the proposed materials /colors board and architectural plans. The proposed roof and stucco colors are a variation of earth tones with white. The proposed materials offer a variety of textures. The materials/colors board has been compared with projects previously approved on adjacent lots within this Tract. The comparison indicates that the materials and colors are varied. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Prominent architectural features for the proposed residence include the style and arrangement of the windows and varied planes utilized on each elevation. The prominent architectural features extend to all sides of the proposed residential structure. Floor Plan A floor plan is included as part of Exhibit "A". The basement contains maid's room, powder bathroom, wine cellar, wet bar and entertainment room. The first floor contains a foyer, living room, formal dining room, guest bedroom with bathroom, powder room, gallery, kitchen with an adjacent wok kitchen, breakfast nook, bar, pantry, family room, Tatami room, storage area, laundry room, two, two -car garage and exterior patios. The second floor contains a master bedroom suite with bathroom, wardrobe, sitting room, massage room and exterior balcony, library, study, three bedrooms with bathrooms, linen closet/laundry shoot, powder room and hallway. A total of 6 bedrooms are proposed with garages that can park four cars. Also, it will be Possible to park at least two additional cars in the driveway. Therefore, staff believes that the number of bedrooms in relationship to the number of parking spaces that will be provided offer adequate parking for the proposed project. 4 Grading/Retaining Walls According to the application, the proposed project will generate approximately 130 cubicyards of cut and 130 cubic yards of fill in order to install retain . ing walls that support the expansion of the existing pad. The retaining walls are located within the north rear and side yards and front yard. The purpose of the retaining walls is to expand the pad by cutting into the slope in order to accommodate a small portion of the house. This retaining wall will be holding a cut and will basically be viewed by the residence of the subject site. The maximum exposed height will not exceed six feet. The purpose of the retaining wall in the front portion of the project site is to support the fill for the driveway. The maximum height of this retaining wall is approximately 3.5 feet. A large portion of the project site, is considered slope and drainage easement, approximately 49,000 square feet. Additionally in the past within this tract and other tracts, the City has allowed a pad extension as long as the retaining walls supporting the extension do not exceed an exposed height of six feet. Mitigation Monitoring Lot 4 contains mitigation monitoring areas -that are located within the slope drainage easement. The mitigation monitoring areas of Lot 4 are represented in the Mitigation Monitoring Landscape plans prepared by Craig Webber and Associates and approved for Tract No. 51169. According to Mitigation Monitoring Landscape Plan, Lot 4 should contain several oak and walnut trees along with the several 24 -inch box California sycamore trees. The mitigation monitoring landscaping for Tract No. 51169 has evolved to where specified amounts of walnut trees and oak trees are not planted on each particular lot. The mitigation area is considered as a whole. As a result, the totaa numbers of trees should now be provided within the whole mitigation `area and not a specified amount on a particular lot. A site visit revealed that Lot 4's mitigation monitoring area contains very minimal plant material which does not appear to completely mimic the mitigation monitoring planting. This mitigation monitoring area needs to be replanted and/or re-hydroseeded prior to issuance of a building permit with the appropriate plant material, thereby complying with the Mitigation Monitoring Landscape Plan. It is required that the applicant submit a landscape plan reflecting said plant material for the City's review and approval before the issuance of any permits. Landscaping/Irrigation A conceptual landscape plan was submitted with this project's application. The applicant is required to submit a final landscape plan with an irrigation plan for the City's review and approval, prior to the issuance of any City permits. It will be requ-ired that the landscaping and irrigation be install prior to final inspection or Certificate of Occupancy. A Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. . Their I recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162(a) of Article 11 of the California Code of Regulations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously certified to'Environmental Impact Report No. 92-02 for Tract Map No. 51169. Therefore, further environmental review is not required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on November 30, 2001. Public -hearing notices were mailed to approximately 26 property owners within a 500 - foot radius of the project site on November 28, 2001. Furthermore, the project site was posted with a display board on November 29, 2001 and the pub ' lic notice was posted in three public places on November 29, 2001. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2001-20, Findings, of Fact and conditions of approval as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: The design and layout of the proposed development is consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 0 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values ore resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: An� J. Vkng l, A#ociate Planner Attachments: 1. Draft Resolution; 2. Exhibit "A" - site plan, floor plan, elevations, sections, preliminary grading plan, landscape plan and colors/materials board dated December 11, 2001; 3. Tree Preservation Statement dated October 25, 2001; 4. Application; and 5. Tract map No. 51169 delineating existing pad and slope drainage easement area on the subject property. 7 PLANNING COMMISSION RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-20, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH A BASEMENT, TWO, TWO CAR GARAGES AND BALCONIES/PATIOS TOTALING To APPROXIMATELY 11,410 SQUARE FEET. ADDITIONALLY, THIS REQUEST INCLUDES A REAR/SIDE AND FRONT YARD RETAINING WALLS NOT TO EXCEED A SIX FOOT EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT 22883 CANYON VIEW DRIVE (LOT 4, TRACT NO. 51169), DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owner, Great Aim Enterprises and applicant, Jerry Yeh of Horizon Pacific, have filed an application for Development Review No. 2001-20 for a property located at 22883 Canyon View Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On November 28, 2001, public hearing notices were mailed to approximately 26 property owners of record within a 500 -foot radius of the project. On November 30, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 29, 2001, the public hearing notice was posted in three public places within the City of Diamond Bar. On November 29, 2001, the project site was posted with the required public notice display board. 3. On December 11, 2001, the Planning Commission of the City of Diamond Bar conducted and included a duly noticed public hearing on the Application. 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. 111 2. The Planning Commission hereby finds that pursuant to the provisi f the California Environmental Quality Act (CEQA), Section 15162(a) of A I rtic r the California Code of Regulations and guidelines promulgated thereunder, e City has determined that this project is consistent with the previously certified to Environmental Impact Report No. 92-02 for Tract Map No. 51169. Therefore, further environmental review is not required. 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 project relates to a 13 -lot subdivision approved by the City Council in the November 1994. The project site is an irregular shaped vacant lot within a gated community identified as "The Country Estates." It is approximately 69,750 gross square feet with a buildable pad area of approximately 19,603 square feet. According to Tract Map No. 51169, the project site contains an easement for slope and drainage maintenance purposes in the front, side and rear portions of the project site. The slope drainage easement is currently maintained with minimal native vegetation. Also, within the front portion of the site adjacent to Canyon View Drive are easements for access, sanitary sewer, public utility and public services. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum One Dwelling Units per Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zones surround the project site: to the north and west is the R-1-20,000 Zone; and to the south and east is the R-1- 20,000 and Heavy Agricultural (A-2-2) Zones. (e) The Application request is to construct a two-story single-family residence with a basement, two, two -car garages and balconies/patios totaling to approximately 11,410 square feet. The request also includes retaining walls within the rear/side and front yards with a maximum exposed height of six feet. 0 4& DEVELOPMENT REVIEW 1P (f) The design and layout of the proposed development is consistent wit the applicable elements of the City's General Plan, City Design �40� Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project complies with the elements of the adopted General Plan, dated July 25, 1995 and the land use designation of Rural Residential. The proposed project complies with the City's General Plan objectives and strategies relating to maintaining the integrity of residential neighborhood. The proposed design and layout is compatible with the eclectic architectural style, design, and materials/colors of existing homes within Tract No. 51169, as well as the "The Country Estates". Additionally, the applicant has obtained "The Country Estates" architecture committee approval to ensure compatibility. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site will include a single-family residence, which is similar in design and layoutof surrounding single-family residence. It is not expected to reasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian. hazards. Blaze Trail, Horizon Lane and Canyon View Drive adequately serve the project site and Tract No. 51169, which contains private streets designed to handle minimum traffic created by this type of , development. Furthermore, the Environmental Impact Report (Elft) for Tract Map No. 51169 addressed the issue of this project and Tract's development affect on traffic and circulation. The EIR was certified, thereby, determining that the tract would not create traffic or pedestrian hazards. Staff has reviewed the floor plan specifically noted the number of bedrooms with adjacent bathrooms in relationship to. the number of parking spaces provided in the garages. Staff believes the parking provided in relationship to the number of bedrooms is adequate for the purposed project. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. OF Proposed prominent architectural features of the proposed resildly1t* includes the styling and arrangement of the windows and, the varyinV*4 planes utilized on each elevation. Prominent architectural features extend to all sides of the.proposed residential structure. The proposed materials/colors board was compared to boards previously approved for homes on Canyon View Drive. The comparison indicates that each lot's color scheme is somewhat similar due to the fact that earth tones are being utilized. However, considering the variation in earth tones colors, differences in roof materials/stone accent and variations in architectural styles between the proposed residence and existing residences located on Canyon View Drive, the project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved, the proposed project will be compatible with Tract Map No. 51169s development standards. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 0 V�p (k) The proposed project has been reviewed in compliance with provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162(a) of Article 11 of the California Code of Regulations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously certified to Environmental Impact Report No. 92-02 for Tract Map No. 51169. Therefore, further.environmental review is not required. 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 site plan, preliminary grading plan, floor plan, elevations, sections, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "A" dated December 11, 2001 as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan. Said plans shall include plant materials and hydroseeding that shall be located on Lot 4's slope drainage easement according to the approved Mitigation Monitoring Landscape Plan. Said plans shall delineate the location of plant material that cannot be located on Lot 4, and can be located elsewhere within the mitigation area of Tract Map No. 51169. All proposed landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyers receipt of the "Buyers' Awareness Package." In the event no one has purchased the property, then the receipt shall be A submitted before approval of future improvements (i.e., hards a landscaping, pool/spa, retaining walls, etc.). The single family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in .-significantlyadverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (g) Side/rear and front yard retaining walls shall not exceed an exposed height of six feet. (h) Residential structure shall not exceed 35 feet in height from the natural or finished grade. Wet bars shall not contain any kitchen cooking equipment and shall not be utilized as kitchens. Prior to the issuance of any City permits, the applicant shall submit a retaining wall detail delineating top of wall, top of footing and finish surfaces and retaining wall calculations for the City's review and approval. (k) Grading plan review and approval shall be required if cut/fill quantities are greater than 50 cubic yards of earthwork. Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation and flow lines; .(3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; and (5) All easements. Fine grade certification shall be required before final inspection or issuance Certificate of Occupancy. (m) If applicable prior to the issuance of any City permits, the applicant shall submit a soils report for the City's review and approval that incorporates the scope of the proposed development and appropriate recommendations for the project's construction. A 6 shall s a (n) Prior to the issuance of any City permits, the applicant shi proper drainage plan indicating details and sections for the City's kre and approval. (o) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (p) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. (q) The proposed residence shall comply with the State Energy Conservation Standards. (r) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (s) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. 4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (t) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (w) Building setback from top of slope shall meet Section 18 of the 1998 California Building Code. Building setback h/3 shall be required at the front yard top of slope. (x) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this 'grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) 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 and Development Services 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, school fees and fees for the review of submitted reports. (z) 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: Great Aim Enterprises, 430 S. Garfield, #328, Alhambra, CA 91801, Jerry Yeh, Horizon Pacific, 2707 Diamond Bar Boulevard, #202. Diamond Bar, CA, 91765. 0 APPROVED AND ADOPTED THIS 11 TH OF DECEMBER 2001, BY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11 th day December 2001, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary 9 I_kk�,r. y�ihlvllul`1L! DEPARTriENT COr�y�TY DEVELOPME g. Copley Drive Scute 190 ,, 21660 909 561-3117�WI: . (9og)396-5676 Fax ( FVELOPM Record Owutr Lrn� � ,r ,� rQrises Name 0.40 name first) 3o,S• Ar #3�g peo Address Zip �U R'4t? / '01 �j,j ;1 Applicant OY`�n A l (l,,ast name list) 27p7 P614lo11d '&`n Sam -"`I/ rrL— Deposit S I___--' - Recelptp Date Recd APPlicant• s Agent ��RR��� -- t name first) A Zo2— '.4 2 - Phone( writing of any change of the Phone�� )icaat's T�ponsibility to notify the eomm�ty Developtnent Director to NOTE: It is the ap during the poem grocessin of this �' bets of patutcrshlPs, )ointventures. and dire=rs principals involved ter of mem shat, if necessary, including name,, addresses, and sigtutu (Avach a scP"'m --� the apPucant to fill this request. of corporations.) ,,.L_ rein described Propel and pew / m Consent. I Date Signed (�otd owners) provided is rorrec • under penalty of Pequri' '� the itlfor�hOn herein ion : I the undersigned', here Certificatby ate' knowledge to the best of m3' Print Name _16 S. ppucant of Agent)Date S ed (Applicant or Agat)21 9696� C'an location and lot number) HNM 2 (So-ect address or tract Zoning Previous Cases va present Use of Site Use applied for devow to structures 8�0 ProJC,CC tae /0 $. .,,_,-.--►,._ _ 77 LROds-ca StYle Of Lot Coyer�8e SPace -` itect>a , / So Niuxnber ofe e j a PrOPosed density Floors POSed _ NniWA Gsdia --? ) Slope ofRof Z O Cut If Yes, Quaadty /3 0 Import � F� /.�0 Export //� Yes, Quantity If Yes, Quantity TREE PRESERVATION STATEMENT [� The subject property contains no oak, walnut, sycamore, willow, or naturalized California Pepper trees. [ ] The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees• The applicant anticipates that no activity (grading and/or construction) wffl take phare within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. [ ] The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant's Signature) D:WORD-LINDAIFORMSITREE STATEMENT (Date) -.,' .01 qCl 31 1 , ' A October 25, 2001 Ms. Ann Lungu Ms. Linda Smith AssistaDiamond Director city 6f Bar 21660 E- Copley Dr. Suite 190 Diamond Bar, CA 91765 View Drive Re.. Tract 51169, Lot 4, 22883 Canyon V Dear Madame-. oak or walnut trees present within that there Ver e not a0' ove any oak tree from lot four(4). This letter is to inform You te will not rem the building boundary Of 101 four �4)- resent on lot four (4) And presently there are, no oak trees p Thank You, 1 remain, Truly, Jerry K. Yeh VO 2 1 v 0 01JI. ------------------- - j -lilt 1, tj S! H -Hill H p vg ;7 pu O y+�v amaai� tiv/Yh'umY _ Ie{0.8HH1HHH7131 f . •u la 7 �19IoUd' oozi'al�0H .. (AObij �'JFf�AI.�I•A�oLb-OMY _ a:s-era taoaliai Fo e.•r��l a�+• .� .... ••logic �dil iA!1d A�I07�h j o u. d u a Zrl l o. I - a (Y J>'1) a�N�al�� 1�2101h-OMy _ 77 • a t �7 tela-69vleaG il31 a evl�v v9 v..• o Ia:uasauozala.D H'�• q 1 ia�� mei �I s3 r I t�� F n � 1 � � S i - 1 ia�� mei �I sasiaaaa.wa wit tOt? sNou.-BsoNicnins ;iAouljo Lel z eln•euelenshai ...,.. :.. ° ai. L k-11, Ll� N rld a of rL f , �1N3.fµh L771W - iii / Z 413 11 N I - c —_---- -- ----- ---------\ 3 ;� s \ . 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O „z Q z w J 93 C) QG t E O z 0 z 0 z 0 z 0 U u u u u z o z �o HQ EW -Q H4 E- E" E" W E- 0 0 0 0 0 � u u U0 U0 06 00 z 00 L4 EL E LL 6 °z0 Z 0 0 0 Z Ix 0 0 z 1:4 0 z 0 z 0u- 4 cf)aH Z O u u z �3 a �3 �3 d3 �30 cn xH > z uu u in. 0 CT 0z z 0 cn 0 N r- 00 m cn cn C� C? 00 C, "o (U V) cz C) C) 0 CD CD C:, ONO 00 a CD C) u In. 64 > cqo N > U A U U I O O ci cn tj C ci u �E S cj 0 4:) u U 0 C, 0-0 u Z[— '.4 co" H 6i r- 48.2 :9 — — E > J2 0 z 0 z 0 0 I-- E C) co u z > 0 U M cn u r r- .0 cz 0 cn o 0 En � cn z 'n CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CTFY OF DIAMOND BAR On December 11, 2001, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On December 6, 2001, I posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on December 11, 2001, at each of the following locations: South Coast Quality Management Heritage Park- District arkDistrict Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on December 11, 2001, at Diamond Bar, California. Stella Marquez Community and Develop nt Services Dept. g:\\affidavitposting.doc VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM* - I • _ SUBJECT: (,iOtl d t4on p.1 G,S e; �Z4-m �--� TO: Planning Commission Secretary DATE: FROM: DCA17 I -5 An�b0 ii ADDRESS: I .-i S O 5 Iy&r a&wft- ORGANIZATION: SUBJECT: �I6n5 -fb 99, <6�L- &Ai 5 I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes refect my name and. address as printed above. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * I • SUBJECT: TO: Planning Commission Secretary DATE: j FROM: -- CPQ t°Pr-1 GA►� &A/P -?� ►— C> %q VAC 7AM r - o?MI. ADDRESS: vo - w�A•w.. Av E . y .1 R V( a.�t, (/� ' Z (�¢ 1 Z ORGANIZATION: 7 ,,,, S � y .�. G-YW-21 CAP - SUBJECT: C4 I would like to address the Planning Commission on the above stated item. Please h e the Commission reflect my name and address as printed above. sion Minutes igna. a —_ NOTE: All persons may attend meetings and address the Planning Co n. to assist the Chairman in ensuring that all persons wishing to addr�esso theCo form is tended have the opportunity and to ensure correct spelling of names in the Minutes. mm�ssion will