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HomeMy WebLinkAboutPC 93-30PC RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-7 AMENDING CONDITIONAL USE PERMIT NO. 921 (1) AND CATEGORICAL EXEMPTION (SECTION 15303, CLASS 3) AN APPLICATION TO INSTALL A TEMPORARY UTILITY FRANCHISE FOR AN UNMANNED CELLULAR COMMUNICATION FACILITY, NOT TO EXCEED A PERIOD OF SIX (6) MONTH FROM THE DATE OF INSTALLATION, CONSISTING OF A 215 SQUARE FOOT STRUCTURE HOUSING EQUIPMENT AND A 75 FOOT WOOD MONOPOLE LOCATED AT 21308 PATHFINDER ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) The applicant, acting as the property owner's agent, L.A. Cellular, Box 6028, Cerritos, CA 90702 and the property owner Rhinehart Management Company, P.O. Box 4428, Covina, CA 91723 have 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". (ii) On April 18, 1989, the City of Diamond Bar was established 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 adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, in- cluding the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks on operative General Plan. Pursuant to the order issued by the Los Angeles County superior Court, action was taken on the subject application as to the consistency with the contempleted General Plan, pursuant to the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) On December 13, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application. (v) All legal prerequisites to the adoption of this Resolution have occurred. 7717,M777 - - i _ - I I 1111 ' I I'l l lir I I __ 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 facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA)' of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15303, Title 14, Article 19 of the California Code of Regulations; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which, have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which they{�", 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 substantial evidence presented to the Planning - Commission during the above -referenced public hearing conducted on December 13, 1993, including written and oral staff reports, together with public testimony, and in con- formance with the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar, the Planning Commission hereby specifically finds as follows: (a) The applicant's request is for approval of a temporary unmanned cellular communication facility consisting of a 215 square foot structure housing equipment and a 75 foot wood monopole. The repeater station will restore communication services, not to exceed a period of six (6) months from the date of installation, to the area because of the interruption of service formally provided by a facility located at Diamond Bar High School. (b) The application applies to a site located at 21308 2 Pathfinder Road, Diamond Bar. The project site is approximately 25,000 square feet and developed with a 14,800. square foot two-story office building. The project site is within the Commercial Planned Development (CPD) Zone and has a General Plan land use designation of Commercial/Office (C/o). (c) Generally, the following uses and zones surround the site: to the north is the Single Family Residential -minimum lot size 8,000 square feet (R- 1-8,000) Zone; to the south and east is Single Family Residential -minimum lot size 7,500 square feet (R-1-7,500) Zone; and to the west is the Orange (SR 57) Freeway. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the proposed project. (e) The City is operating without a General Plan. Therefore, the Commission has reviewed the proposed project as a short term utility franchise in conformance with the California Public Utility Code Section No. 6264. (f) The proposed project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area or 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 public health, safety, or general welfare. (g) The proposed site is adequately served by Pathfinder Road and Brea Canyon Boulevard. 5. Based upon substantial evidence and conclusions set forth hereinabove, this Planning Commission hereby approves this application subject to the following conditions: (a) The 75 foot wood monopole excluding the microwave dish and repeater station is approved as shown in Exhibit "A" dated December 13, 1993. Three copies of the revised plot plan marked Exhibit "A" and conforming to such of the following conditions as can be 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. The exterior material of the 3 enclosure shall be in substantial. conformance with the exterior of the adjacent office building. The applicant shall 'submit a materials board to the City prior to issuance of a building permit.�'� (b) The applicant shall comply with all State, Planing and Zoning Division, Building and Safety Division, and Public Works Department requirements. (c) -This grant is valid for six (6) months from date of installation and must be exercised (i.e. construction started) within 60 days of approval of this grant. An extension of this grant may be requested in writing and submitted to the Community Development Director 30 days prior to the expiration date of this grant. An extension of time may be granted not to exceed six (6) months. (d) Appropriate fire suppression equipment shall be installed as a part of the components of the repeater station located within the interior of the communication facility. (e) The monopole is prohibited from displaying of signs or advertising. (f) No exterior appendages shall extend from the monopole that may be used as an aid to gain access to the upper portion of the monopole, at a height of less than 12 feet above grade. (g) In the event that is facility causes interference or disturbance with audio or television reception of the residents within 500 feet of the facility, the applicant shall repair the facility within five (5) working days of notification or cease operation until the problem is rectified to the satisfaction of the Community Development Director. (h) The applicant shall slurry seal and restripe the parking lot area of the project site according to the requirements of the Planning Division and the Engineering Department. Said improvements shall be completed prior to the issuance of building permits or final inspection. (i) 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 , 4 ,r shall be made by the applicant prior to the issuance of any building permit or any other entitlement. (j) The subject site shall be maintained ,in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements 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. (k) This grant. shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining Planning Division processing fees. (1) Applicant shall post a cash bond in an amount approved by the City to insure the removal of the monopole and all equipment within five (5) working days of the expiration of this grant. 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: Linda Paul, L.A. Cellular, P.O. Box 6028, Cerritos, CA 90702 and Terry Rinehart, Rinehart Management Company, P.O. Box 4428, Covina, CA 91723. 5 APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER BY THE PLANNING ����`��'� COMMISSION OF,�TIIB CITY OF DIAMOND BAR. �''''°`''p BY. hairman 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, at a regular meeting of the'Planning Commission held on the 13th day of December, 1993, by the following vote: AYES: COMMISSIONERS: Meyer, Plunk, Grothe, Flamenbaum NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Li ABSTAIN: COMMISSIONERS: i, ATTEST: cij z J,a� Yes DeStefanol Secretary f q 2 IS