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Home My WebLink AboutPC 95-161-" PC RESOLUTION NO. 95-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 95-3 AND NEGATIVE DECLARATION NO. 95-3, A REQUEST TO OPERATE AN UNMANNED PUBLIC UTILITY SUBSTATION FOR CELLULAR A CONEVIUNICATION FACILITY WITH A 60 FT. MONOPOLE. THE RADIO EQUIPMENT WILL BE HOUSED WITHIN AN UNDERGROUND VAULT LOCATED AT 21450 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA A. RECITALS. (i) Joe Richards, 6529 Riverside Ave. #15, Riverside CA. 92506, acting as the agent for AirTouch Cellular, 3 Park Plaza, Irvine, CA 92713 has filed an application for Conditional Use Permit No. 95-3 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. 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) Action was taken on the subject application as to the consistency with. the General Plan and has been determined to be in conformance with the document. (iv) On June 26, 1995 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and continued the public hearing to July 26, 1995 and October 9, 1995 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 that the project has been determined that a 1 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 011! Article 6 of Division 13 of Title 14 of the California Code of Regulations. 3. The Planting 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 June 26, 1995 and continued to July 24, 1995 and October 9, 1995 and concluded on that date, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: (a) The Application applies to a site approximately .69 acres in size located at 21450 Golden Springs Drive at the Walnut Pools commercial office building. The project site lies within Zone C -2 -BE and allows the proposed use by Conditional Use Permit. (b) Generally, the subject site is surrounded by the SR 60/SR 57 interchange and the CalTrans equipment yard. The site is located approximately 600 ft. from residential development and approximately 400 ft. from Gateway Corporate Center. (c) The surrounding properties are developed with freeways, a highway construction equipment storage yard to the east, residential development and a public self -storage yard to the west, and commercial/professional office development 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 June 5, 1995 and eight (8) property owners within 500 feet of the project site were notified by mail. 2 (e) The Application is for the construction and operation of an unmanned repeater facility for the conveyance of cellular phone signals. (f) 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 (g) 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 (h) 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. (i) Notification of the public hearing for this project has been made; (j) The proposed project is consistent with the applicable elements of the City's contemplated General Plan, design guidelines and architectural criteria of the appropriate district; (k) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of.the neighboring existing and future developments, and will not create traffic or pedestrians hazards; 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: (1) The repeater station and monopole are approved as shown. The monopole shall be designed and constructed with the capability of use by dual service providers. 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 C -2 -BE, Engineering Department and Building and Safety Department requirements. 3 R (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 he requested in writing and submitted to the City 30 days prior to the iiJtilj' expiration date. (4) This permit shall not be effective for any purpose until a duly authorized representative of the applicant and/or owner of the property involved has filed, at the office of Diamond Bar Community Development Department, the Affidavit of Acceptance stating that the applicant/owner 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. (7) Signage is prohibited from placement on the monopole as a part of this approval. (8) No exterior appendages may 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 ft. above grade. (9) In the event that this facility causes interference or disturbance with radio or television reception of the residents, within 500 feet of the facility, the applicant will repair the facility within 21 days of notification or cease its operation. Building Department Requirements (10) All structural components of the project must be designed to 80 mph wind factor and exposure -C. 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 AirTouch Cellular, 3 Park Plaza, Irvine, CA 92714 and Robert Wendler, 21450 Golden Springs Drive, Diamond Bar, CA 91765 4 ,., „ - �.. II 41 � i _ I_��,.,. t i '�^o , �: G4.k ;tr;.u`J4seu �5,:'°a�fly.��r��V.,,3-"�°,'�n . t ADOPTED AND APPROVED this 9th day of October, 1995 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 October 1995, by the following vote: AYES: COMMISSIONERS: Schad, Huff, Fong, and Flamenbaum NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Meyer CAL.ErrERSIRFS0LTMCUT95-3.RES ATTEST:" Y?esDeStefan , Secretary 5