HomeMy WebLinkAboutPC 95-17PC RESOLUTION NO. 95-17
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING
CONDITIONAL USE PERMIT NO. 94-7 AND NEGATIVE
DECLARATION NO. 94-9, A REQUEST TO LOCATE AN
UNMANNED PUBLIC UTILITY SUBSTATION FOR A
CELLULAR COMMUNICATION FACILITY, A 110 FT.
HIGH MONOPOLE, AND EMERGENCY GENERATOR AND
TRANSMITTING EQUIPMENT INSTALLED WITHIN AN
ENCLOSURE AND LOCATED, AT 21400 PATHFINDER
ROAD AND MAKING FINDINGS IN SUPPORT THEREOF.
A. RECITALS.
(i) Dan Hare, acting as the agent for L.A. Cellular, P.O. Box 6028, Cerritos, CA
90702 has filed an application for a Conditional Use Permit as listed in the
title of this Resolution, for property located at 21400 Pathfmder 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) 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 January 9, 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 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:
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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 °''' a
Declaration has been prepared and presented for the project 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 Article 6 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 adverseeffects 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 71
hearing, this Commission hereby specifically finds as follows: '
(a) The applicant's request is for the installation of a cellular
communication facility and the location of a 110 ft. high
monopole with antennas;
(b) The property is located in Zone R-1-7,500 and allows this use
by Conditional Use Permit. The site is approximately 21 acres
in size and is developed with an existing high school facility and
appurtenant uses;
(c) The subject property is located at 21400 Pathfinder in the City
of Diamond Bar and is currently developed with a high school
and appurtenant uses. To the north, south and east there is
single family residential development and to the west there is a
commercial/office development.
(d) The subject site is designated in the General Plan as School
(S); The current zoning of the site is not in compliance with the
land use designation;
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(e) Notification of the public hearing for this project has been
made;
= (f) 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 district;
(g) 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;
(h) The architectural design of the proposed 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 the code
and the General Plan of the City;
(i) 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
(j) 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
(k) 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.
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 is approved as shown. The monopole shall
be design and constructed with the capability of use by dual
service providers. Three copies of the revised plot plan marked
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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 yshallpill,'',''
thereafter be developed and maintained in substantial
conformance with the approved plans.
(2) That the applicant must, comply with all State, Zone R-1-7,500,
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 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/property owner is aware of
and accepts all the conditions of this permit;
(5) That all requirements of the Zoning Ordinance and of the un-
derlying 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 storage 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 it's operation.
Building Department Requirements
(10) All structural components of the project must be designed to 80
mph wind factor and exposure -C.
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(11) Non -operation or abandonment of the site for a period of 180 days
will commence the immediate removal of this facility and the
replacement of the monopole with a light standard to the
satisfaction of the Community Development Director.
(12) A landscape and irrigation plan shall submitted to the Community
Development Department within 60 days of this grant. The plan
shall expand the landscaping on the slope overlooldng the
residential development and Brea Canyon Road. Installation shall
occur prior to the final inspection conducted by the Building
Department.
(13) All utilities required for the project shall be placed underground.
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 Dan Hare and
L.A. Cellular at the addresses on file with the City.
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: Meyer, Schad, Huff, Fong,
and Flamenbaum
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST: l� `
a es DeStefano, Secrel{ary
QUM"rERS\M0LMCUP94-7.RES 11
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