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Home My WebLink AboutPC 96-09PLANNING COMMISSION RESOLUTION NO. 96-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-4, DEVELOPMENT REVIEW NO. 96-8 AND, NEGATIVE DECLARATION NO. 96-3, A -REQUEST FOR ROOF MOUNTED TELECOMMUNICATIONS EQUIPMENT ON AN EXISTING OFFICE BUILDING TO BE SCREENED BY A STRUCTURE WHICH RESEMBLES A CLOCK TOWER AND AN EQUIPMENT CABINET PROPOSED AT GROUND LEVEL NEXT TO THE WESTERLY BUILDING ELEVATION LOCATED AT 21308 PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. - A. RECITALS. 1. The Applicantfs agent, Kent Norton, Keith International Corporation, 22690 Cactus Avenue, Moreno Valley, California, 91502, has filed an application for Conditional Use Permit No. 96-4 and Development Review No. 96-8 as described above in the title of this Revolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. 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. 3. Action was taken on the subject application as to the 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 June 24, 1996 conducted a duly noticed public hearing on the Appli- cation. 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 June 3, 1996. Twenty-seven (27) property owners within a 500 foot radius of the project site were notified by mail on June 12, 1996. 1 (a) The project relates to a developed parcel, approximately 25,000 square feet in size located at 21308 Pathfinder Road. The project site is zoned Commercial Planned Development (CPD). It has a General'Plan land use designation of commercial Office (CO). (b) Generally, the following zones and uses surround the project site: to the north is the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1- 8,000) Zone; to the west is Residential Planned Development (RPD -10,000) separated by the 57 Freeway; and to the east is the Single Family Residential -Minimum Lots Size -7,500 (R=1-7,500) Zone (Diamond Bar High School). (c) The proposed project is a request to construct roof - mounted telecommunications equipment, screened by a structure which resembles a clock tower. The request also includes an equipment cabinet. (d) The proposed project will not: (1) Adversely affect the health, peace, comfort or 0 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the ��lh, Planning Commission of the City of Diamond Bar as follows: �y sr 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 determines that Negative Declaration No.'96-3 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 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 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a developed parcel, approximately 25,000 square feet in size located at 21308 Pathfinder Road. The project site is zoned Commercial Planned Development (CPD). It has a General'Plan land use designation of commercial Office (CO). (b) Generally, the following zones and uses surround the project site: to the north is the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1- 8,000) Zone; to the west is Residential Planned Development (RPD -10,000) separated by the 57 Freeway; and to the east is the Single Family Residential -Minimum Lots Size -7,500 (R=1-7,500) Zone (Diamond Bar High School). (c) The proposed project is a request to construct roof - mounted telecommunications equipment, screened by a structure which resembles a clock tower. The request also includes an equipment cabinet. (d) The proposed project 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 (e) The proposed site is adequate in size and shape to accommodate development features prescribed in this approval. (f) The project 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. (g) The proposed project is in compliance with Development Review Ordinance No. 5 (1990). (h) The design and layout of the proposed project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrians hazards. (i) The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). (j) The design of this project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color,that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "A" dated June 24, 1996, as submitted and approved by the Planning commission. (b) The 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 3 property owner, applicant or by a 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 applicants obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to issuance of any City permits, the applicant must provide a plan showing the restriping and repair of the existing parking lot. Prior to final inspection, the parking lot must be restriped, repaired and slurry sealed. (d) Prior to final inspection, all illegal signs must be removed from the building. (e) All signs shall be approved by separate permit. (f) The applicant shall comply with all State, CPD Zone, Public Works Department and Building and Safety Division requirements. (g) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted 'rl to the City 30 days prior to the expiration date. (h) This grant 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. (i) 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. Buildinq & Safety (j) The proposed tower shall be engineered to meet wind loads of 80 m.p.h. with an exposure of "C." (k) Plans shall conform to State and local building codes (i.e. 1994 editions of the Uniform Building Code, Plumbing Code, Mechanical Code, and 1993 edition'of the National Electrical Code) as well as the State Energy Code. 4 (1) The roof pitch of the.. .tower shall match the existing roof. (m) Building permits are required for the proposed project, the issuance of the permit requires the Building Department to review the parking lot for handicap compliance. Subject plans do not show compliance. (n) Cables shall be installed underground to protect pedestrians. (o) New roof construction shall not change roof drainage flow. 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 Kent Norton, Keith International, Inc. 22690 Cactus Avenue, Moreno Valley, CA 92553. APPROVED AND ADOPTED this 24TH DAY OF JUNE, 1996, BY THE PLANN G COMMISSION OF THE CITY OF DIAMOND BAR. Y. Mike Goldenbe q, 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 10 day of June, 1996, by the following vote: AYES: COMMISSIONERS: GOLDENBERG, RUZICKA, FONG, SCHAD & McMANUS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeSteUano, Secretary �i r� ilio k,