HomeMy WebLinkAboutPC 97-01PLANNING COMMISSION
RESOLUTION NO. 97-1
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-15,
AND DEVELOPMENT REVIEW NO. 96-14, A REQUEST FOR AN
UNMANNED PERSONAL COMMUNICATIONS SERVICES FACILITY
INVOLVING CO -LOCATION WITH AN EXISTING MONOPOLE OWNED BY
AIRTOUCH CELLULAR, LOCATED AT 21450 GOLDEN SPRINGS DRIVE
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Evelyn Wendler and the applicant, Cox
Calif. PCS, Inc. have filed an application for
Conditional Use Permit No. 96-15 and Development Review
No. 96-14 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. 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
January 14, 1997 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 December 23, 1996.
9 property owners within a 500 foot radius of the project
site were notified by mail on December 18, 1996.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as
_-y follows:
1. This Planning Commission hereby specifically finds
that all of the facts set forth in the Recitals,
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Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is N'
Categorically Exempt from the requirements of the
California Environmental Quality Act. of 1970, as "'la
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.
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 .69 acres in size located at
21450 Golden Springs Drive.
(b) The project site has a General Plan land use
designation of Commercial Office (CO). It is
within the Neighborhood Business, Billboard
Exclusion (C -2 -BE) zone.
(c) Generally, the following uses surround the
project site: to the north, south, east and
west are the overpasses of the Orange (57) and
Pomona (60) Freeways. The CalTrans maintenance
yard is located immediately to the southeast of
the project site and extends south along the
property line.
(d) The proposed project is a request to construct
a personal communications services facility to
be co -located on an existing monopole owned by
AirTouch Cellular and located at Walnut Pools.
(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
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emergency agencies. Therefore, the proposed
facility is consistent with the General Plan
and is further authorized as a conditionally
permitted use within the C -2 -BE zone pursuant
to the Planning and Zoning Code, Section
22.28.160.
(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 personal communications
services 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
(2) By other public or private service
- - facilities as are required.
The project site is adequately served by Golden
Springs Drive. 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
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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
will be co -located on an existing monopole
below the existing antennas and will not
increase the height of the pole. The pole will
be painted to minimize aesthetic impacts. The
equipment cabinets will be enclosed behind a 6'
block wall.
(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
Applicationsubject to the following conditions:
(a) The project shall 'substantially conform to
plans collectively, labeled as Exhibit "A"
dated January 14, 1997, 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, C -2 -
BE Zone, Public works Department and Building
and Safety Division requirements.
(d) This grant is valid for two years and shall be
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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.
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(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, repair, replace or remove the
screening structure and/or facility within 90
days.
(h) Prior to permit issuance, the applicant shall
submit revised plans for Planning Division
approval showing the extension of the landscape
planter along the southerly property boundary
to the northerly property boundary and
providing additional landscaping (Italian
cypress is recommended), compatible with
existing landscaping to screen the chain link
fence. These plans shall also show a trash
enclosure at the northeast corner of the site,
constructed of block matching the existing
wall. The landscaping, planter and trash
enclosure shall be constructed and installed
prior to, final inspection. If unforeseen
circumstances arise rendering the project
economically onerous (as determined by the
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Planning Division) because of the above
mentioned improvements, staff will work with
the applicant to develop reasonable
alternatives or modifications to said
improvements to the satisfaction of the
Planning Division.
(i) Prior to final inspection, the parking lot
shall be restriped, providing adequate drive
aisle widths and turn arounds in compliance
with Code, requirements and upgraded in
compliance with handicap requirements. At least
one (1) van parking space shall be located near
the main building entrance. Prior to permit
issuance, a parking lot restriping plan shall
be submitted and approved by the Planning and
Building and Safety Divisions.
(j) 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.
(k) Proposed antennas shall be engineered to meet
wind loads of 80 m'.p.h. with an exposure of
"C." Also provide calculations that demonstrate
that the, existing pole can accommodate the
additional antenna loads.
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, Evelyn Wendler
21450 Golden Spring Drive, Diamond Bar CA,
91789, and Cox California, PCS, Inc. 18200 Von
Karman Avenue, Suite 100, Irvine CA 92612.
APPROVED AND ADOPTED this 14TH DAY OF JANUARY, 1997
BY THE KING COMMISS" N OF THE CITY OF DIAMOND BAR.
BY:
Mike ldenberg, hairman
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I. James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution vas 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 14TH
day of January, 1997, by the following vote:
AYES: COMMISSIONERS: Goldenberg, Ruzicka,
Fong, McManus, Schad
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
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Jes DeStefano, Secretary
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