HomeMy WebLinkAboutPC 96-23PLANNING COMMISSION
RESOLUTION NO. 96-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-12,
AND DEVELOPMENT REVIEW NO. 96-11, A REQUEST FOR A ROOF
MOUNTED TELECOMMUNICATIONS FACILITY ON THE EXISTING
THEATER BUILDING AT DIAMOND BAR HIGH SCHOOL, LOCATED AT
21400 E. PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Walnut Valley Unified School
District, and the applicant, Cox Calif. PCS, Inc. have
filed an application for Conditional Use Permit No. 96-12
and Development Review No. 96-11 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 "Applica-
tion".
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
December 9, 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 November 19, 1996.
222 property owners within a 500 foot radius of the
y project site were notified by mail on November 18, 1996.
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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 of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant to Section 1,5301(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.
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 44.81 acres in size located at
21400 E. Pathfinder Road.
(b) The project site has a General Plan land use
designation of School (S). It is within the
Single Family Residential, (R-1-7,500) zone.
(c) Generally, the following zones and uses
surround the project site: to the north and
east is residential development within the
Single Family Residential (R-1-7,500) zone, to
the south is residential development within the
R-1-8,000 zone; to the west is commercial
development within the Commercial Planned
Development (CPD) zone and the Orange (57)
Freeway.
(d) The proposed project is a request to construct
a roof -mounted telecommunications facility on
the existing theater building at Diamond Bar
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III
High School.
(e) The proposed conditional use permit will not be
in substantial conflict with the adopted
General Plan. The General Plan provides for a
variety and mix of land uses and accessory uses
necessary for the health, safety, comfort and
convenience of the community. The facility's
operation offers a service to the community and
emergency agencies. Therefore, the proposed
facility is consistent with General Plan and
is further authorized as a conditionally
permitted use within the R-1-7,500 zone
pursuant to the Planning and Zoning Code,
Section 22.20.100.
(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
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 to integrate the said use in
the surrounding area.
(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
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(2) By other public or private service
facilities as are required.
The project site is adequately served by
Pathfinder Road and Brea Canyon which are major
highways. However, the facility does not
significantly 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 antenna
sectors, cables and equipment cabinet will be
painted to match the existing penthouse
structure and the equipment cabinets will be
set back from the edge of the building to
minimize visibility.
(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.
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 December 9, 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
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has obtained permits from the City of Diamond
Bar to provide such services.
(c) The applicant shall comply with all State, R-1,
7,500 Zone, Public Works Department and Build-
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ing 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 extension may be requested in writing and
submitted to the City 30 days prior to the
expiration date.
(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) 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.
(h) 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
jfacilities to minimize the aesthetic impacts on
surrounding properties.
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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, Walnut Valley°
School District, 880 S.' Lemon Avenue, Walnut
CA, 91789, and Cox California, PCS, Inc. 2381
Morse Avenue, CA 92714.
C~ APP O ED ADOPTED this 9TH DAY OF DECEMBER, 1996
BY THE PLA ING r,ISSI N OF THE CITY OF DIAMOND BAR.
BY: -� --- - -
Mike Golgi` nberg, Chair flan
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 9TH day of December, 1996, by the following vote:
AYES: COMMISSIONERS: Goldenberg, Ruzica,
McManus, Fong, Schad
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
James DeStefano,'Acting Secretary
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