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HomeMy WebLinkAboutPC 96-16PLANNING COMMISSION RESOLUTION NO. 96-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-13, AND DEVELOPMENT REVIEW NO. 96-12, A REQUEST FOR A TELECOMMUNICATIONS FACILITY WITH ROOF -MOUNTED ANTENNAS AND A GROUND MOUNTED EQUIPMENT CABINET AT AN EXISTING OFFICE BUILDING LOCATED AT 3333 BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Metro Diamond Bar Property Inc., and the applicant, Robert Berger of Pacific Bell Mobile Services, have filed an application for Conditional Use Permit No. 96-13 and Development Review'No. 96-12 as described above in the title of this Resolution. 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 September 23, 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 Vallev Daily Bulletin newspapers on September 3, 1996. Forty-eight (48) property owners within a 500 foot radius of the project site were notified by mail on August 30, 1996. —iii 1J'dlH,Hh l 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 I 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 abovo in this Resolution is Categorically Exempt ('.rori 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 . 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 lforth herein, this Planning Commission hereby finds as follows: (a) The project relates to a developed parcel, approximately 2.4 acres in size located at 3333 Brea Canyon Road. The project site is zoned Commercial Planned Development (CPD). It has a General Plan land use designation of Office Professional (OP). , (b) Generally, the following zones and uses surround the project site: to the north is a gas station' and mini -mart which are in the CPD zone; to the south are sloped areas adjacent to the 57 Freeway; to the east are single family residences, zoned Single Family Residential -Minimum Lots Size -7,500; and to the west j is the 57 Freeway. (c) The proposed project is a- request for a telecommunications facility with roof -mounted antennas and a ground mounted equipment cabinet. (d) The proposed project will not: j. (1) Adversely affect the health, peace, comfort or�,`� j welfare 'of persons residing in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons 2 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. The proposed telecommunications facility's antennas will be installed on the roof of an existing office building and the equipment cabinet will be installed in an existing planter, therefore this project does not require additional lot area or increase the building's footprint or cause the elimination of parking stalls or landscaping. Routine equipment maintenance will involve one service truck and two technicians for three hours or less and will not impact on-site parking which has been determined to be adequate. (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. The project site is adequately served by Brea Canyon Road. However, the facility does not significantly increase vehicular. traffic to and from the site. It requires only a few routine maintenance checks with one truck during the year. (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 or enjoyment of neighboring existing or future development, and will not create traffic or pedestrians hazards. The proposed - project does not alter the previously approved design and layout of the existing development. The antennas will be roof -mounted and the equipment cabinet will be placed within an existing landscape planter. (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). The proposed project will not alter the existing architecture of the office building. The antennas will be placed on the center of the roof and r will be minimally visible from the street and surrounding properties and will be further screened by mature on-site trees. (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 011 adequate level of maintenance. The antennas, equipment cabinet and coaxial cable will be painted to minimize their visibility to the public. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application sub- ject to tfie following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "A" dated September 23, 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) In the event of any future maintenance problems, abandonment of use or changes in technology which render the above mentioned facility obsolete the applicant shall, upon notification by the City, remove the facility within 90 days. (d) The property owner and applicant shall make .every effort to accommodate the co -location of future telecommunications facilities at the subject site and in conjunction with the existing facilities minimize the aesthetic impacts on surrounding properties.' (e) 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. (f) The proposed antennas shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C." Also the existing roof shall be designed for the additional antenna loads. (g) All proposed cable installed on the exterior building 4 wall shall be flashed, painted and stuccoed to match the existing building. (h) The proposed cable to be installed on the roof in a manner that does not interrupt roof drainage. (i) The installation of any cable or electrical conduit from the BTS cabinet or any vault shall be installed underground to protect pedestrians. (j) The applicant shall comply with all State, CPD Zone, Public Works Department and Building and Safety Division requirements. (k) 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. (1) 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. (m) Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game L 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. 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 Metro Diamond Bar Property, Inc. 2030 Main Street #1020, Irvine, CA 92714 and Robert Berger, Pacific Bell Mobile Services, 5959 W. Century Boulevard Ste. 200, Los Angeles, CA 90045. APPROVED AND ADOPTED this 23RD DAY OF SEPTEMBER 1996, BY THE PLANNING -G@MMI-$SION OF THE CITY OF DIAMOND BAR. BY: / - Joekl�N Ming Chairman �i I, James DeStefanoo,J Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted 5 by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of September, 1996, by the following vote: slil r» q • COMMISSIONERS: Fong, McManus, �uzicka,h'; AYES: Schad NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Goldenberg ABSTAIN: COMMISSIONERS: ATTEST: J �}'�.�i,er f)eSte'ano, Secretary 11, ����.,���� „�,, ..,,��+ s.. nr T... .��. ��.•� ..m .o� .• i� ��i�� nae. �'I fork". i I .. �ryl .� ��i �,:rtYu�'4 �I PSG Wei$n.W'.I.II�r�;.'yii&r.v9L1'�N.'S.