HomeMy WebLinkAboutPC 97-06PLANNING COMMISSION
RESOLUTION NO. 97-6
C �
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-10,
AND DEVELOPMENT REVIEW NO., 96-9, A REQUEST FOR CO -
LOCATION OF A TELECOMMUNICATIONS FACILITY BY COS
COMMUNICATIONS AND PACIFIC BELL MOBILE SERVICES,
CONSISTING OF THREE ANTENNAS AND EQUIPMENT CABINETS AT
24401 DARRIN DRIVE, DIAMOND BAR CALIFORNIA.
A. RECITALS.
1. The property owners, Eric and Robin Stone and the
applicants, Cox Calif. PCS, Inc. and Pacific Bell Mobile
Services have filed an application for Conditional Use
Permit No. 96-10 and Development Review No. 96-9 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 oys:-:-j.ized 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 Developrut2no
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
April 22, 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 January 7 1997,
February 4, 1997 and April 11, 1997. Ninety-six (96)
property owners within a 500 foot radius of the project
site were notified by mail on January 8, 1997. 494
property owners within a 500' radius of the exterior
boundaries of Tract 42584 were notified by mail on
February 4, 1997 and April 11, 1997.
1
1, � � � Hl l m---� _. ,
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 15303 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 ::ave 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 6.87 acres in size located at
24401 Darrin Drive.
(b) The project site hap a General Plan land use
designation of Low Density Residential (RL).
It is within the Single Family Residential (R-
1-10,000) zone.
(c) Generally, the following uses surround the
project site: to the north is the Pomona
Freeway, to the south,,east and west is single
family residential development. In -
approximately the center of the project is a
separate parcel occupied by a fire station.
(d) The proposed project is a request for the co -
location - of a te.'ti,ommunications facility by
two service providers on a residential property
and a request for an amendment to Tract Map
42584; removing a restriction from said Map
2
allowing the City to -prohibit vehicular ingress
and egress to Arm'itos Place.
(e) The proposed conditional use permit will not be
in substantial conflict with the adopted
General Pian. 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 the General Plan
and is further authorized as a conditionally
permitted use within the R-1-10,000 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 other,.,Yise
constitute a menace to public health,
R- ,a safety or general welfare for the
following reasons;
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, the
consensus of the scientific community maintains
that the radio frequency radiation emitted and
the lower frequency electromagnetic fields
associated with this type of facility generally
do 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 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
3
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 served by Armitos Place.
However, the project site, which is Lot 51 of
Tract Map 42584, contains a map restriction
which gives the City the authority to restrict
ingress and ingress to Armitos Place. It has
been determined that vehicular access to the
site is not necessary and that maintenance
trucks can utilize on -street parking. 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
to be utilized by the facility already exists
at the site.
(i) The proposed project is in compliance with
Development Review ordinance No. 5 (1990).
(j) The architectural design of this n_ro_ject is
compatible with the character :;f 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 three
antennas will be approximately level with the
grade of the property's level pad area and will
not be visible when viewed from the street.
Additionally, berming and additional
landscaping will further screen and enhance the
appearance of the project site so that it will
be compatible with the neighborhood.
Additionally, the antennas will be painted to
match the existing landscaping and topography
and additional landscaping will be added to
create a naturalized grove on the slope. The
equipment cabinets will be screened itb a
block wall painted to match the surroundings
and screened with landscaping.
(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.
(j) The proposed removal of the map restriction is
not of significant benefit to the C L :y. As
part of the project proposal, the applicant has
requested removal of a map restriction from
Tract Map 42584 which gives the City the
4
a11 .._,... .1 ., . __. 11"--...
i..,
authority to restrict vehicle ingress and
ingress to Armitos Place. Removing this
restriction will only benefit the project
applicants and will provide no benefit to the
City as a whole, since vehicular access to this
site from Armitos Place is not needed for the
improvement of traffic or circulation within
the area. Therefore, the action for approval
of this project does not include the removal of
the map restriction from Lot 51 of Tract Map
42584.
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" as
modified, dated April 22, 1997, as submitted
and approved by the Planning Commission.
(b) The site shall be maintained permanently 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, R-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 extension may be requested in writing and
submitted to the City 30 days prior to expi-
ration 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 Affi�xvit 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
5
'11111p Illi1 it ii I - - 7, ` _......._...u..,..«_....... F T-1 I.. I III !I'll! III
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
pp lwlll,�
a
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) Prior to final inspection of the
telecommunications facility, the applicant
shall submit a radio frequency radiation (RFR)
field measurement study to the Planning
Division for review and approval which verifies
compliance with FCC emission standards. The
study shall be accompanied by a report
describing c ---Bance with these standards in
language thac can be understood by a lay
person. Any costs associated with this review
shall be borne by the applicant.
(h) One year from the date of project approval and
yearly, on or before each subsequent
anniversary date, the applicant shall submit a
certification attested to by a licensed
engineer expert in the field of RF emissions,
that the facilities are and have been operated
within the then current applicable FCC
standards for RF emissions. Any costs
resulting from the review of this certification
shall be borne by the applicant.
(i) If the wireless telecommunications facility
approved by thiy esolution is operated or
maintained in violation of FCC standards, said
facility shall be subject to permit revocation
by the Planning Commission.
(j) 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.
(k) Prior to permit issuance, the applicant shall
submit landscaping/ fencing and irrigation plans
to the Planning Division for review and
approval. Landscaping, incorporating the earth
removed from the equipment cabinet/pad area,
shall be provided on the flat pad area in
quantities sufficient to enhance the appearance
of the project site when viewed from the
street, 'creating a neighborhood amenity as
determined by the Planning Division.
The equipment cabinets shall be enclosed by a
block wall or other opaque fencing materials as
approved by the Planning Division, painted to
blend with the surrounding terrain and
landscaping. Landscaping shall be provided
adjacent to the walls, in quantities and
heights sufficient to soften the appearance of
the wall and provide additional screening.
Trees, shall also be provided between and
surrounding the antennas and shall be planted
in an arrangement representing a naturalized
grove of trees.
Plant materials shall emphasize drought -
tolerant materials and/or native species in the
following sizes and types: trees; 24 inch box,
20%, 15 gallon, 80%: shrubs; 5 gallon 700, 1
gallon (herbaceous only) 30% In order to
guarantee t" continuing health and maintenance
of the landscaping the applicant shall provide
a statement of surety in the form of cash,
performance bond or certificate of deposit
j equal to 1000 of the total value of all plant
materials, irrigation and installation costs
which shall be posted with the City for a two-
year period.
All landscaping shall be installed prior to
final project inspection.
(1) 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.
(m) Proposed antennas shall be engineered to meet
wind loads of 80 m.p.h. with an exposure of
loc. It
(n) All cables or electrical conduits from the BTS
cabinet or any vault, shall be installed
underground. Any new or additional electrical
service associated with this project shall be
installed underground.
w {
(o) Prior to permit issuance grading plans showing
all cut and 'ill quantities and drainage plans
shall be submitted to the Public Works
Department.
7
The Planning Commission shall:
(a) Certify,to the adoption of this Resolution; and
a'�u{dl!u
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail to, Eric and
Robin Stone, 24401 Darrin Drive, Diamond Bar
CA, 91765, Cox California, PCS, Inc. 2381 Morse
Avenue, Irvine, CA 92714 and Pacific Bell
Mobile Services, 5959 W. Century Boulevard, Los
Angeles, CA 90045.
APPROVED AND ADOPTED THIS 22ND DAY OF APRIL, 1997 BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: -, I1 -t- i
Joe zia , Chairman
I, James Destefano, 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 22ND
day of April, 1997, by the following vote:
AYES: 'COMMISSIONERS: Ruzicka, Fong,
Goldenberg, McManus,,
NO! -.-S: CO%+MUSSIONERS : Schad
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
Jame De =: e.`:ir!o, Secretary
8