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Home My WebLink AboutPC 94-25PC RESOLUTION NO. 94-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-7(1) AND CATEGORICAL EXEMPTION (SECTION 15303, CLASS 3), AN APPLICATION TO CONTINUE OPERATION FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS FROM THE DATE OF APPROVAL, OF A TEMPORARY UTILITY FRANCHISE FOR AN UNMANNED CELLULAR COMMUNICATION FACILITY, CONSISTING OF A 215 SQUARE FOOT STRUCTURE HOUSING EQUIPMENT AND A 75 FOOT WOOD MONOPOLE LOCATED AT 21308 PATHFINDER ROAD, AND MAIKING 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 Rinehart 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". L- (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, including the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Sections 65360 and 65361(a). (iv) On November 14, 1994, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and conclude the public hearing on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred. 1 - 1. 11 f T@IG. @ 1 I W I Ik 'I H it B. Resolution. w NOW, TB EREFORE, 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 the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(4) of Title 14 of the California Code of Regulations. 4. Based on the substantial evidence presented to this Commission during the above - referenced public hearing on November 14, 1994, and concluded on that date, including written and oral staff reports, together with public testimony, and in con- formance with the terms and provisions of California Government Code Sections 65360 and 65361(a), this Commission hereby specifically finds as follows: (a) The applicant's request is for approval to continue operation for a period not to exceed six months 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 restored on a temporary basis, communication services 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 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 2 d� project site is within the Commercial Planned Development (CPD) Zone and has a draft 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) Zane; 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. (h) The Planning Commission originally granted approval of the Conditional Use Permit on December 13, 1994. (i) The approval of this project is conformance with the draft General Plan and will not be in conflict with draft General Plan. 5. Based upon substantial evidence and conclusions set forth hereinabove, this Planning Commission hereby approves this application subject to the following conditions: (a) This grant is valid fb' six (6) months from date of this approval. An extension of this grant may be granted not to exceed 180 days by the Community Development Director provided that the applicant does not have an approved CUP rpior to that date. (b) Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to 3 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. 01,1141 (c) All conditions of approval for Conditional Use Permit NO. 93-7, unless amended as a part of this action shall remain in full force and effect. (d) 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. 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. APPROVED AND ADOPTED THIS 14th DAY OF NOVEMBER BY THE PLANNING i COMMISSION OF THE CITY OF DIAMOND BAR. BY: 4avgdey:e hairman Ill 4 i' Al .. I ]_N. 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 14th day of November, 1994, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, Huff, and Meyers NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: fines DeStefano, Secretary CAL=RS\RM0LTN\CUP93-7A.RES i 5 ��J