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HomeMy WebLinkAboutPC 92-28RESOLUTION NO. 92-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 92-9 A REQUEST TO LOCATE AN UNMANNED CELLULAR TELEPHONE SITE OF TELEPHONE TRANSMITTING EQUIPMENT INSTALLED WITHIN A LEASED 665 SQUARE FOOT INTERIOR AREA AND ROOF TOP ANTENNAS, 23555 GOLDEN SPRINGS DRIVE, DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. The applicant, PACTEL CELLULAR, P.O. Box 19707, Irvine, CA 92713 has heretofore filed an application as described above in the title of this Resolution. Hereinafter in this Resolution, the project, located at address indicated in the title of this Resolution, shall be referred to as "the application". 2. on April 18, 1989, the City of Diamond Bar was estab- lished as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, thereby adopt- ing the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. On November 23, 1992 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application, and concluded said public hearing on that date. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by � 1t� the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of 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 and review prepared by the City of Diamond Bar and a Negative Declaration has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Negative Declaration 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. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 4. Based on the substantial 'evidence presented to the Planning Commission during the above -referenced public hearing opened on November 23, 1992 and concluded on said date including written and oral staff reports, together with public testimony, and in conformance with Ordinance No. 4 (1992), the Planning Commission hereby specifically finds as follows: (a) The subject property is located at 23555 Golden Springs Dr. in the City of Diamond Bar and is currently developed with a two story commercial office building. To the north is a vacant lot, to the south is single family residential development, to the east there is a multi -family 2 residential development, and to the west there is a commercial office development. (b) That the requested use_at the location will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing in the surrounding area, or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare; and (c) That the proposed site is adequate in size and shape to accommodate the yards, walls, parking facilities, landscaping and other development features prescribed in this approval; and (d) That the proposed site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and (2) By other public or private service facilities as are required. (e) The property is located in Zone C-1 and allows this use by Conditional Use Permit. The site is approximately 1 acre in size and is developed with an existing commercial center/office building; (f) The applicant's request is for the improvement of an existing unit and the location of a microwave repeater station and antennas on an existing structure; (g) The subject site lies within the Diamond Bar General Plan General Commercial designation; The current zoning of the site is in compliance with the land use designation; (h) Notification of the public hearing for this project has been made; (i) The design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines and architectural criteria of the appropriate dis- trict; 3 (j) The design and layout of the proposed development will not unreasonably interfere with the use and �,�'��;"" iil r enjoyment of the neighboring existing and future PSI'` developments, and will not create traffic or pedestrians hazards; (k) The architectural design of the proposed microwave repeater station is compatible with the character of the surrounding current and proposed development and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the General Plan of the City; 5. Based upon the findings and conclusions set forth herein, this Commission, in conformance with the General Plan, hereby finds as follows: (a) The project is consistent with the adopted General Plan; (b) Substantial evidence exists, considering the records as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the adopted General Plan. 6. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, this Commission hereby approves the application subject to the following restrictions as to use and standard conditions contained within this document: Conditions of Approval (1) The repeater station is approved as shown. Three copies i of the revised plot plan marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with the approved plans. (2) That the applicant must, comply with all State, Zone C- 1, Engineering Department, and Building and Safety Department requirements. (3) This grant is valid for two years and must be exercised (i.e. construction started) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (4) This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed, at the office of Diamond 1 4 __ i. d I •''] 11 1" - R.....r�.,A ._ , w_,c x. �.7 -- Bar Community Development Department, the Affidavit of Acceptance stating that the applicant is aware of, and accepts all the conditions of this permit; (5) That all requirements of the Zoning Ordinance and of the underlying zoning of the subject property must be complied with, unless set forth in the permit and shown on the approved plans and a Development Program must be submitted to the Community Development Director before this permit can be exercised; (6) Appropriate fire suppression equipment shall be installed as a part of the components of the repeater station located within the interior of the office unit. Engineering Department Conditions (1) Restriping of the entire parking area including directional arrows. 8. The Planning Commission Secretary Shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt request, to: Elaine Diorio and PacTel at the address as set forth on the Application. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER, 1992 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR Bruce Flamenbaum, Chairman 5 dk 111111 I@qN, 11III 11 1,1 VIII I, 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,51, !,'! at a regular meeting of the Planning Commission held on the 23RD day of November, 1992, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Grothe, MacBride, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Li ABSTAIN: COMMISSIONERS: ATTEST: AW --10 keseStefano, Secretary 6 - m. . lu: 'P :" .» � 'i F�: _... 4 �n,_i.ixe c. n..=, w �.,..__ ne.�.....e, �..............