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Home My WebLink AboutPC 96-14PLANNING COMMISSION RESOLUTION NO. 96-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-11, DEVELOPMENT REVIEW NO. 96- 10, A REQUEST FOR ROOF MOUNTED TELECOMMUNICATIONS EQUIPMENT AT AN EXISTING SELF -STORAGE FACILITY TO BE SCREENED TO MATCH THE EXISTING BUILDING AND EQUIPMENT CABINETS PROPOSED AT GROUND LEVEL TO BE SCREENED BEHIND A WALL STRUCTURE LOCATED AT 275 SOUTH PROSPECTORS ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, NSS So. Calif. L.P., the applicant, Cox Calif. PCS, Inc. and the applicant's agent, JMCG, Inc. have filed an application for Conditional Use Permit No. 96-11 and Development Review No. 96-10 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject w._. 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. On July 25, 1995, the City of Diamond Bar adopted its General Plan. 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 August 26, 1996 conducted a duly noticed public hearing.on the Application. 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 Au August 5 1996. 216 g property owners within a 500 foot radius of the project site were notified by mail on August 5, 1996. 1 - - ._ w _- ._ __ � � 1 I I I I'4 i III I P 11 1-� i � i � i �i a ii�� , iuu i � i i- B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows:glljgi.,' 1. This Planning Commission hereby specifically finds that v' 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 the guidelines promulgated thereunder, pursuant to Section 15301(e) of Article 19 of Chapter 3 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 wildlife 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.LAI a 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 .2.5 acres in size located at 275 South Prospectors Road. (b) The project site has a General Plan land use designation of Golf Course (GC). it is within the Light Manufacturing, Development Program, Billboard j� Exclusion (M -1 -DP -BE) zone. is (c) Generally, the following zones and uses surround the project site: to the north is the 60 Freeway, to the west and south is the Diamond Bar Golf Course and the Open Space (OS) zone and to the east is the Best Western Motel, which is within the Commercial Planned is Development (CPD) zone. (d) The proposed project is a request to construct roof - mounted telecommunications equipment, screened by a structure which matches the building's architecture. The request also includes an equipment cabinet to be screened behind a wall structure. (e) The proposed conditional use permit will not be in substantial conflict with the adopted General Plan. The General Plan's Golf Course (GC) land use II ,,, 2 designation provides for recreational uses. The self - storage facility was '+existing at the time of the adoption of the General Plan and is therefore considered a legal nonconforming use. The proposed telecommunications facility is a conditionally permitted use within the M -1 -DP -BE zone and is authorized by the Planning and zoning Code, Chapter 22.56.1510.I regulating nonconforming uses and structures. (f) 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 The Conditional Use Permit's approval allows for the proposed telecommunications facility's construction. The facility, as conditioned complies with all City Codes and therefore does not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. Currently, most scientists maintain that the radio frequency radiation emitted and the lower frequency r„ 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. As such, the facility will not be detrimental to the use, enjoyment or valuation of property or persons located in the vicinity of the site. (g) The proposed site is adequate in size and shape to accommodate development features prescribed in this approval. (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 Prospectors Road. However, the facility does not significantly r increase vehicular traffic to and from the site. It requires only a few routine maintenance checks with one vehicle during a one year period. Additionally, electrical and telephone service utilized by the facility exists at the site. (i) The proposed project is in compliance with Development Review ordinance No. 5 (1990). (j) 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). The antennas will be screened with a structure that matches the architecture of the existing self -storage facility. (k) 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. The screening structure will be painted and striped to match the existing self -storage facility. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application sub- ject to the following conditions: (a) The project shall substantially conform to pians 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 comply with all State, M-1 Zone, Public Works Department and Building and Safety Division requirements. (d) 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 exten- sion may be requested in writing and submitted to the City 30 days prior to the expiration date. 4 (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days of approval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) 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, payable to the County of Los Angeles, 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 de minimis 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. (g) Within 30 days of this grant's approval, the applicant shall submit landscape/irrigation plans depicting the location -and type of tree proposed for relocation and also providing additional landscaping to screen and soften the walls proposed to screen the equipment cabinets. All additional landscaping shall be compatible with existing on-site landscaping. These plans shall be reviewed and approved by the Planning Division prior to the issuance of any City permits. (h) In the event of any future maintenance problems, abandonment of use or changes in technology which render the above mentioned facility and screening structure obsolete, the applicant shall, upon notification by the City of Diamond Bar, remove the screening structure and/or facility within 90 days. (i) The property owner and applicant shall make every effort to accommodate the co -location of future telecommunications facilities at this site and in conjunction with existing facilities to minimize the aesthetic impacts on surrounding properties. (j) The proposed antennas shall be engineered to meet wind loads of 80 m.p.h. with an exposure of °C." The existing roof shall be designed for the additional antenna loads. (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. (1) All proposed cable installed on the exterior of the building shall be flashed and painted to match the building. All ground level cable shall be installed underground to protect, pedestrians. (m) New screen 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 Rudy Figueroa, JMCG, Inc. 3760 Kilroy Airport Way, Suite 1440, Long Beach CA 90806. APPROVED D ADOPTED this 26TH DAY OF AUGUST, 1996, BY THE PLANNING COMMISSION THE CITY OF DIAMOND BAR. BY: Mike oldenberg, Chairman 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 Planning Commission held on the 26TH day of August, 1996, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Goldenberg, Ruzicka, McManus, and Schad Fong ATTEST: Cather-ne Johnson Ac Secretar Y J, 6