HomeMy WebLinkAboutPC 96-13PLANNING COMMISSION
RESOLUTION NO. 96-13
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 93-7 (3) AND CATEGORICAL EXEMPTION
SECTION 15301(b), A REQUEST FOR A SIB MONTH
EXTENSION OF TIME, BEGINNING JULY 22, 1996,
FOR AN EXISTING TEMPORARY TELECOMMUNICATION
FACILITY LOCATED AT 21308 PATHFINDER ROAD (LOT
27, TRACT°25987), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Rhinehart Management Co. and
applicant, L.A. Cellular, have filed an application for
Conditional Use Permit No._93-7(3), a six month extension
of time, located at 21308 Pathfinder Road, Diamond Bar,
Los Angeles County, California, as described above in the
title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit shall be
referred to as the "Application".
2. Originally, this temporary telecommunication facility was
approved for six months on December 13, 1993. This
approval was valid for six months from the installation
date (February 10, 1994) and with a possible six month
time extension. On November 14, 1994, a six month time
extension was granted (C.U.P. 93-7(2)) by the Planning
Commission. Additionally, this time extension allowed
the Community Development Director to grant an additional
180 days if the applicant did not obtain an approved
Conditional Use Permit for this service area. The
Community Development Director granted the applicant the
180 day time extension. On January 22, 1996, another ,'six
month time extension was granted expiring on July 22,
1996.,On July 18, 1996, the applicant submitted a request
for another six month time extension.
3. 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.
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4. 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.
5. The Planning Commission of the City of Diamond Bar on
August 26, 1996 conducted a duly noticed public hearing
on the Application.
6. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on august 5; 1996.
Fifty-four property owners within a 500 foot radius of
the project site were notified by mail on August 1, 1996.
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 determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) of 1970, as
amended, and the gu.idelines'promulgated thereunder,
pursuant Section 15301 (b) of Article 19 of Chapter 3 of
Title 14 the California Code of Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered the reccrd,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 Vill have the
potential of an ,adverse effect on wild life resources or.
the Habitat upon 0-iich 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 j4 of the.Californlia 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 site of approximately
25,000 square feet, developed with a 14,800 square
foot two story office building. The project site is
located at 21308 Pathfinder Road, Diamond Bar, ,
California..
(b) The project site has a General Plan Land Use
designation of Commercial/Office (CO). It is within
the Commercial Planned Development (CPD) Zone.
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(c) 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 south is the CPD Zone; to the
east is the Single Family Residential -Minimum Lot
Size 7,500 Square Foot (R-1-7,500) Zone and Diamond
Bar High School; and to the west is the Orange (57)
Freeway.
(d) The proposed project is a request for a six (6)
month extension of time (expiring January 22, 1996)
in order to continue the operation of a temporary
telecommunication facility.
(e) The proposed extension of time will not be in
substantial conflict with the adopted General Plan.
The General Plan's land use designation provides for
a variety of land uses including commercial retail,
office, and services. The temporary facility's
continued operation offers a service to the
community and emergency agencies. Therefore, the
time extension's approval allows for the contin-
uation of a•service which is consistent with the
General Plan until the permanent facility is
operational.
(f) The extension of time at the location proposed 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
welfare.
The time extension approval allows for the existing
facility's continuation that was plan checked,
permitted and inspected by the City. The facility
complies with all City codes. Therefore, it does
not jeopardize, endanger or otherwise constituted a
menace to the public health, safety or general
welfare. Currently, most scientists maintain that
the radio frequency radiation emitted and the lower
frequency electromagnetic fields associated with
this type of facility generally does not produce
adverse'health effects in humans because they are
non -ionizing in nature and normal exposures are
controlled so as not to result in thermal effects.
Furthermore, this facility is a temporary site and
will be removed in six months. As such, the time
extension will not be detrimental to the use,
enjoyment or valuation of property of other persons
located in the vicinity of the site.
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(g) The project site is adequate in size and shape to
accommodate the yards, walls, fences, parking and
loading facilities, landscaping and other
development features, or as is otherwise required in
order to integrate said use in the surrounding area.
The time extension's approval is temporary. As
such, the site is appropriate'on a temporary basis
only. The C.U.P. process was initiated to regulate
this facility's short-term existence. Additionally,
the'time extension does not expand the existing
facility in any way.
(h) 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.
The project site is adequately served by Pathfinder
Road and Brea Canyon Road which are major highways.
However, the facility does not significantly
increase vehicular traffic to an from the site. It
requires only several routine maintenance checks
with one truck during a one year period.
Additionally, electrical service utilized by the
facility exists at the site.
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 site plan
and elevations collectively labeled as Exhibit "A"
dated August 26, 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
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 'applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) The applicant shall install shrubs, adjacent to the
chain link fencing located on'the south facing slope
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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 Dr., N.,
Cerritos, CA 90701.
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of the permanent site at Diamond Bar High School.
The shrub species shall mature to a height of 10 to
12 feet.
(d)
The applicant shall comply with Planning and zoning,
w,..
and Building and Safety Division's and Public Works
Department's requirements.
(e)
This grant is valid for six months from July 22,
1996 to January 22, 1997. No extension of time
shall be considered unless an application is made no
later than 30 days before the expiration date (i.e.
December 23, 1996).
(f)
All conditions of approval for Conditional Use
Permit No. 93-7 and Conditional Use Permit No. 93-7
(1) and (2) shall remain in full force and effect
unless amended -,as part of this action.
(g)
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.
`4 (h)
If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
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 Dr., N.,
Cerritos, CA 90701.
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APPROVED AND ADOPTED THIS 26TH DAY OF AUGUST, 1996, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Mike Go enberg,C irman
I, Catherine Johnson, Acting 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 Manning Commission held on the 26th day of
August, 1996, by the following vote:
AYES: Goldenberg, Ruzicka, McManus, Schad
NOES: None
ABSENT: Fong
ABSTAIN: None
ATTEST:/
Catherin Johnson, Acting Secretary
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