The URL can be used to link to this page

Home My WebLink AboutPC 96-01-.. i II I ieb.� - ....i -i, r..- , -y._- PLANNING COMMISSION RESOLUTION NO. 96-01 A RESOLUTION OF THE, PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-7(2) AND CATEGORICAL EXEMPTION - SECTION 15301, (b), AN APPLICATION FOR AN EXTENSION OF TIME FOR AN EXISTING TEMPORARY UNMANNED CELLULAR COMMUNICATIONS FACILITY LOCATED AT 21308 PATHFINDER ROAD (LOT 27 OF TRACT MAP NO. 25987). A. Recitals 1. The property owner, Rhinehart Management Company and applicant, L.A. Cellular have filed an application for Conditional Use Permit No. 93-7(2), an application for an extension of time for an existing temporary unmanned cellular communications facility located at 21308 Pathfinder Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as the "Application". 2. on April 18, 1989,' the City of Diamond Bar was established as a duly organized municipal organization 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 (1989), 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. 3. Action was taken on the subject application as to its consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar, on January 22, 1996 conducted a duly noticed public hearing on the Application. I -- 1 B. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily 'Bulletin newspapers on January 10, 1996.kii;� Thirty-one property owners within a 300 -foot radius of the project site were notified by mail on January 8, 1996. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The 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 determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301, (b) of Article 19 of Division 13 of the CaliforniaCode of Regulations. 3. The Planning Commission specifically finds and determines that, having considered the record as a whole, including the finding 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 as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a 25,000 square foot site developed with a 14,800 square foot two story office building. Additionally, the site's development includes an existing temporary unmanned cellular communications facility which consists of a 200 square foot prefabricated telephone equipment shelter and a 70 foot high wooden monopole with three omni whip antennas. The total height of the monopole, with the antennas, does not exceed 89 feet. The project site is located at 21308 6 �. R _.... tca"i.. ,.-.,.i.._ 1� 'i --. i ter.,nrw,��„�n.��,.....m.me.n... ,..,..� Pathfinder Road, City of Diamond Bar, California. The project site is within the Commercial Planned Development (CPD) Zone. It has a General Plan Land Use designation of Commercial/Office (CO). (b) Generally, the following zones and uses surround the subject site: to the north is the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R- 1-8,000) Zone; to the south is the CPD Zone; and to the east is the Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) Zone and Diamond Bar High School; and to the west is the Orange (57) Freeway. (c) The project is a request for an extension of time not to exceed a period of six (6) months, with out additional uses or expansion of the existing temporary unmanned telecommunications facility. (d) The nature, condition, and size of the site has been considered. The project site is adequate in size to accommodate -the use. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the General Plan. (f) The project, where located, will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing or working 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 welf are. (g) The project site is adequate in size and shape to accommodate this project. (h) The project site is adequately served by Pathfinder Road and Brea Canyon Road. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 3 . �, ,I...I d1 11111 I' (a) The project shall substantially conform to site plan, floor plan, and elevations collectively labeled as Exhibit "A" dated January 22, 19.96 as 1(illjlq submitted to and- approved by the Planning ^! Commission. (b) 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 entitlement 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 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. (c) All conditions of approval for Conditional Use Permit No. 93-7 and Conditional Use Permit No. 93- 7(1)-, unless amended as part of this action, shall remain in full force and effect. (d) The applicant shall comply with Planning and Zoning , and Building and Safety Divisions', and Engineering Department's requirements. (e) This Extension of Time is valid for a period, not to exceed six (6) months, from the date of approval of this grant. (f) 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 City processing fees. (g) 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 therefore shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 4 ,i inl�....rx.l.il The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Rhinehart Management Co., P.O. Box 4428, Covina, CA 91723, and L.A. Cellular, 17785 Center Court Drive North, Cerritos, CA 90701 APPROVED AND ADOPTED THIS THE 22ND DAY OF JANUARY, 1996, BY THE PLANNING COM,M-ISSION OF THE CITY OF DIAMOND BAR. BY: L' " Bruce Flamenbaum, Chairman I, James DeStefano, Planning Commission Secretary do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting by the Planning Commission of the City of Diamond Bar, held on the 22nd day of January 1996: AYES: COMMISSIONERS: Flamenbaum, Schad, Meyer _ NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Fong ABSTAIN: COMMISSIONERS: None 41ki-P ATTEST: iV V James DeStefano, Secretary 1 W _ _ - . -F ,�R.....�.F�rr�•PrT.�,�m,T .-. � T�.,�. ,..�Y.._. ,-,...�.�u.gl�"`ini � ull�li�ii � ,.na...�-z ��,,� _��.3.�---�- -_.� _w.-�..,.