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Home My WebLink AboutPC 95-02PC RESOLUTION NO. 95-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 94-6 AND NEGATIVE DECLARATION NO. 94-8, AN APPLICATION FOR A REQUEST TO LOCATE AN UNMANNED CELLULAR SITE FOR TRANSMITTING EQUIPMENT INSTALLED WITHIN AN INTERIOR UNIT AND FOR ROOF MOUNTED ANTENNAE AND DISHES LOCATED AT 21400 PATHFINDER ROAD AT THE DIAMOND BAR HIGH SCHOOL AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. (i) Eric Meurs, acting as the agent for AirTouch Cellular, P.O. Box 19707, Irvine, CA 92713 has filed an application for a Conditional Use Permit as listed in the title of this Resolution, for property located at 21400 Pathfinder road, Diamond Bar, California. Hereinafter in this Resolution, the subject Conditional Use Permit application is 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. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21, and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (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 Section 65361(a). (iv) On January 9, 1995 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. 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 and determines that a Negative!`,'' Declaration has been prepared and presented for the review and approval by this Commission in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to section 15301(e)(1) of Division 13 of Title 14 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 the 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, the 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 substantial evidence presented to this Commission during the public hearing, and by written and oral testimony provided at the hearing, this Commission hereby specifically finds as follows: (a) The Application applies to property presently zoned R-1 7,000, located at 21400 Pathfinder Road at the Diamond Bar High School; (b) Generally, the property to the north of the subject site is zoned R-1-8,000; to the south of the subject site is zoned R-1-7,000; to the east of the subject site is zoned R-1-7,000; and west of the subject site is zoned R-1,7000. (c) The surrounding properties are developed with commercial development and a temporary repeater station to the east. (d) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on December 19, 1994 and 225 property owners within 500 feet of the project site were notified by mail. (e) The Application is for the continued operation and expansion of a unmanned repeater facility . 2 " �-; R (f) The nature, condition, and size of the site has been considered and determined to satisfy all applicable standards. i (g) There is substantial evidence in the record that the "Application" is consistent with. the proposed contemplated draft General Plan and specific plans as specified in Section 65451 and will not be detrimental to or interfere with the preparation of the future adopted General Plan. (h) That the site is physically suitable for the type of development. (i) That granting the Conditional Use Permit is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (j) 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. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application subject to the following restrictions as to use: Ewe (1) The repeater station is approved as shown. Three copies 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 R- 1-7,000, Engineering Department, and Building and Saf- ety 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. r (4) This permit shall not be effective for any purpose until a 3 - 77 rlil� 1I 1I li iF-177,1r11,I 1 7 duly authorized representative of the owner of the property involved has filed, at the office of Diamond Bar Community Development Department, the Affidavit of y4h 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; (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. 6. The Planning Commission Secretary is hereby directed to: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Eric Meurs and AirTouch Cellular at the addresses on file with the City. ADOPTED AND APPROVED this 9th day of January, 1995;?r Chairman 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 9th day of January, 1995, by the following vote: AM: COMMISSIONERS: Schad, Flamenbaum, Huff, Fong, Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeS .efano, Secretary C TEMP SUMOMMCUPS J-6 M 5