HomeMy WebLinkAboutPC 97-10PLANNING COMMISSION
RESOLUTION NO. 97-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 92-9 (1), DEVELOPMENT REVIEW NO.
97-3 AND CATEGORICAL EXEMPTION SECTION
15301(b), A REQUEST TO ALTER THE EXISTING
TELECOMMUNICATION FACILITY LOCATED AT 23555
GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Torito Plaza Partnership and
applicant, AirTouch Cellular, have filed an application
for Conditional Use Permit No. 92-9(1) and Development
Review No. 97-3. The application's request is to alter
the existing telecommunication facility's equipment. The
project site is located at 23555 Golden Springs Drive,
Diamond Bar, Los Angeles County, California, 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".
Applica-
tion".
I� 2. originally, the existing telecommunication facility was
approved on November 23, 1992 by the Planning Commission.
3. 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.
4. 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.
5. The Planning Commission of the City of Diamond Bar on May
13, 1997 conducted a duly noticed public nearing on the
Application. At that time, the public hearing was opened
and closed. After the public hearing's closing, the
Commission tabled the Application due to a pending City
Council telecommunication moritorium. On July S, 1997,
the Application was agendized as Old Business.
6. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
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Valley Daily Bulletin newspapers on May 1, 1997. Two -
hundred and eighteen property owners within a 500 foot
radius of the project site were notified by mail on April
29 1997.
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B. Resolution. d
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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 (CEQA) of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant Section 15301 (b) of Article 19 of Chapter 3 of
Title 14 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 forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a .57 acre site developed
with an 11,307 square foot two story office/
commercial building, parking lot and landscaped
areas. The project site is located at 23555 Golden
Springs Drive, Diamond Bar, California.
(b) The project site has a General Plan Land Use
designation of General Commercial (C). It is within
the Restricted Business (C-1) Zone.
(c) Generally, the following zones surround the project
site: to the north is the Single Family Residential -
Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone;
to the south is the R-1-10,000 Zone; to the east is
the C-1 Zone; and to the west is the Neighborhood
Business -Billboard Exclusion (C -2 -BE) Zone.
(d) The November 23, 1992 Planning Commission approval
permits the installation of the follow telecommuni-
cation equipment: one wall mounted microwave dish,
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four feet in diameter and three whip antennas, each
15 feet tall, located on the,north elevation; four-
teen one foot by two feet exterior wall mounted
directional cellular antennas, seven located on the
north elevation and seven located on the east
,I elevation; and four cellular antenna and the
repeater unit located within a 665 square foot
second floor office.
(e) Currently installed are eight of the fourteen
exterior wall mounted cellular antennas, three whip
antennas, a microwave dish, four interior cellular
antennas and repeater unit.
(f) The applicant is requesting to revise the existing
telecommunication facility's equipment as follows:
add a microwave dish, two feet in diameter, at the
building's southeast corner; add three interior
cellular antennas; and replace the existing eight
exterior wall mounted directional antennas with
larger (4.5 feet by 1 foot) antennas. Additionally,
the applicant is requesting the privilege to alter
all fourteen of the exterior antennas' sizes to 4.5
feet by 1 foot in the future, if necessary.
Conditional Use Permit Findings:
(g) The proposed alteration of the existing telecommuni-
cation equipment will not be is substantial conflict
with the adopted general plan.
The City's General Plan provides for regional,
freeway oriented, and or community retail and
service oriented commercial uses within the General
Commercial (C) land use designation. The
application's proposal alters an already approved
grant which is a service oriented commercial use.
As a service oriented commercial use, the
telecommunication facility, even as altered is in
compliance with the City's adopted General Plan.
(h) The proposed equipment alterations, at the location
proposed will not:
(1) Adversely affect the health, peace, comfort or
welfare of persons residing or working 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.
The proposed equipment alterations allows for the
existing telecommunications facility's upgrade in
order to meet the added demand for capacity and
better service. The use is permitted in the C-1
Zone with a Conditional Use Permit approval to
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ensure, by conditions and the issuance of City
permits and inspections, that the project will not
adversely affect the health, peace, comfort or
welfare of persons residing or working in the
surrounding area. The previously mentioned safe-
guards will ensure that the proposed project will
not jeopardies, endanger or otherwise constitute a
menace to public health, safety or general welfare.
Furthermore, the consensus of the scientific com-
munity maintains that the radio frequency radiation
emitted and the lower frequency electromagnetic
fields associated with this type of facility does
not produce adverse health effects in humans because
they are non -ionizing I in nature and hormal exposures
are controlled so as not to result in thermal
effects. As such, the facility with its alterations
will not be detrimental to the Ilse, enjoyment or
valuation of property or persons'lodated-in the
vicinity of the project site.
(i} the project site is adequate in size and shape to
accommodate the yards, walls, fences', parking and
loading facilities, landscaping and other
development features, or as is otherwise required in
order to integrate said use in the surrounding area..
The proposed equipment alterations does not require
enlargement of the existing office/commercial
structure. It does not create a demand for
additional parking. The telecommunication
facility's original approved addressed this issue.
At that time the site was found adequate in size and
shape to accommodate the use and can still
accommodate the use.
(j) 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 and Torito Lane which is a major
highway and residential street respectively. The
existing telecommunication facility is unmanned. It
requires twelve maintenance visits with one service
vehicle per year, as the facility exists and with
the proposed alterations. Therefore, the facility,
even with the proposed alterations does not
significantly increase vehicular traffic to an from
the site. Additionally, electrical service utilized
by the facility exists at the site. It serves the
site adequately and will continue to do so.
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Development Review Findings:
k. The design and layout of the proposed development is
consistent with the applicable elements of the
City's general plan, design guidelines of the
appropriate district, and any adopted architectural
criteria for specialized area, such as designated
historic districts, the area, specific plans,
community plans, boulevards, or planned
developments.
Pursuant to the General Plan, the existing telecom-
munication facility is a service oriented commercial
use which the General Plan allows within the General
Commercial (C) land use designation. Pursuant to
the City's Planning and Zoning Code, the existing
facility with the proposed alterations is permitted
within the C-1 Zone with a Conditional Use Permit
which is incorporated into this review.
1. The design and layout of the proposed development
will not unreasonably interfere with the use and
enjoyment of neighboring existing or future
developments, and will not create traffic or
pedestrian hazards.
The existing telecommunication facility with its
proposed alterations is unmanned. The facility
requires monthly maintenance (12 visits per year)
with one service vehicle. Therefore, the required'
gad parking and traffic generated by the maintenance and
upkeep is considered minimal. Therefore, the
project will not have a significant impact on the
neighborhood and as such will not create traffic or
pedestrian hazards or unreasonably interfere with
the used and enjoyment of neighboring or future
developments.
M. The architectural design of the proposed development
is compatible with the character of the surrounding
neighborhood and will maintain the harmonious
orderly and attractive development contemplated by
the Development Review Ordinance and the City's
general plan.
The existing telecommunication equipment and the
proposed equipment changes are designed and painted
or will be painted to match the color of the office/
commercial building it is mounted on. Additionally_,
existing trees adjacent to the building's north -
elevation and younger trees adjacent to the south
and east elevations will assist or eventually assist
F- in reducing the equipments negative aesthetic
impact. As a result, the visual impacts will be
limited and the project will be compatible with the
�a character of the surrounding neighborhood and will
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maintain the harmonious orderly and attractive
development contemplated by the Development. Review
Ordinance and the City's General Plan.
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n. The design of the proposed development would 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 existing telecommunication equipment and the
proposed equipment changes are designed and painted
or will be painted to match the color of the office/
commercial building it is mounted on. Additionally,
existing trees adjacent to the building's north
elevation and younger trees adjacent, to the south
and east elevations will assist or eventually assist
in reducing the equipments negative aesthetic
impact. As a result, the visual impacts will be
limited and 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. The materials and paint utilized will
retain a reasonably adequate level of maintenance.
o. The proposed development will not be detrimental to
the public health, safety or welfare or materially
injurious to the properties or improvements in the
vicinity.
Due to the conditions of approval and the issuance
of City permits and inspections, that the project
will not be detrimental to the public health,
safety, or welfare or materially injurious to the
properties or improvements in the vicinity.
Furthermore, the consensus of the scientific com-
munity maintains that the radio frequency radiation
emitted and the, lower frequency electromagnetic
fields associated with this type of facility 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 with its alterations
will not be detrimental to the use, enjoyment or
valuation of property or persons located in the
vicinity of the project site.
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 site plan
and elevations collectively labeled as Exhibit "A"
dated May 13, 1997, as submitted and approved by the
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(f) All conditions of approval in Resolution No. 92-28
for Conditional Use Permit No. 92-9 shall remain in
full force and effect unless amended as part of this
action.
(g) Plans shall conform to State and local Building
Codes (i.e. 1994 Uniform Building Code, Plumbing
Code, Mechanical Code and 1993 National Electrical
Code) as well as the State Energy Code.
(h) The proposed antennas and microwave dish 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.
(i) All proposed cable install on the exterior building
walls shall be flashed, painted and stuccoed to
match existing.
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Planning Commission.
(b)
The site shall be maintained in a condition which is
free of debris both during and after the con-
struction, 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 install ground cover to match
the existing in the planter areas where the ground
cover has not survived.
(d)
As required by the Building Official, before
construction begins, the applicant shall install
temporary construction fencing along the project
construction area, pursuant to Building and Safety
Division requirement, The fencing shall remain
until the Building official approves its removal.
(e)
In the event of any future maintenance problems,
abandonment of the use or changes in technology
which render the above mentioned facility and
screening devices obsolete, the applicant shall,
upon notification by the City, remove the screening
devices and/or facility within 90 days of the
notification.
(f) All conditions of approval in Resolution No. 92-28
for Conditional Use Permit No. 92-9 shall remain in
full force and effect unless amended as part of this
action.
(g) Plans shall conform to State and local Building
Codes (i.e. 1994 Uniform Building Code, Plumbing
Code, Mechanical Code and 1993 National Electrical
Code) as well as the State Energy Code.
(h) The proposed antennas and microwave dish 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.
(i) All proposed cable install on the exterior building
walls shall be flashed, painted and stuccoed to
match existing.
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(j) The proposed cable installed on the roof shall not
interrupt the roof's drainage.
(k) The applicant shall comply with Planning and Zoning,.
and Building and Safety Division's and Public Works
Department's requirements.
(1) This grant is valid for one (1) year and shall be
exercised (i.e•.'construction) within that period or
this grant shall expire. A one (1) year extension
of time nay be requested in writing and submitted to
the City�30 days prior to this grant's expiration
dated.
(m) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be
effective until the permittee pays remaining City
processing fees.
(n) 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'si
approval, a cashier's check 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 deminimis 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.
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 AirTouch Cellular,
3 Park Plaza, Irvine, CA 92714, and Carole Anderson,
Torito Plaza Partnership, 2355 Golden Springs Drive,
Suite A, Diamond Bar, CA 91765.
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APPROVED AND ADOPTED THIS 8TH DAY OF JULY 1997 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
��Joe Ruz'ka 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 8th day of July, 1997,
by the following vote:
AYES: Ruzicka, Goldenberg, McManus
NOES: None
ABSENT: Fong
ABSTAIN: Schad
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ATTEST:
tijJes DeStefan�, Secretary
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