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HomeMy WebLinkAboutPC 97-11PLANNING COMMISSION I, RESOLUTION NO. 97-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 97-2 AND DEVELOPMENT REVIEW PERMIT NO. 97-6, A REQUEST TO INSTALL A MICROCELL TELECOMMUNICATIONS FACILITY CONSISTING OF TWO RECTANGULAR ANTENNAS ATTACHED TO AN EXISTING LIGHTPOLE AND TWO SCREENED EQUIPMENT CABINETS AT PETERSON PARK, 24142 SYLVAN GLEN ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant, LA Cellular, has filed an application for Conditional Use Permit No. 97-2 and Development Review No. 97-6 as described in the above 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 organization of the State of California. On said date, pursuant to the requirements of the California Government Code „ Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), 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 contains 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 its 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 August 12, 1997 conducted a duly noticed public hearing on the application. 5. Notice of the public hearing for this project has been made in the San Gabriel Vallev Tribune and the Inland Valley Daily Bulletin newspapers on July 18, 1997. Three hundred and thirty six property owners within a I 500 foot radius of the project site were notified by mail on July 18, 1997. B. Resolution. NOW, TH'-REFORE, 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, and the guidelines promulgated thereunder, pursuant to Section 15303(e) of Article 19 of Chapter 3, 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 8.93 acres in size located at 24142 Sylvan Road. (b) The project site, Peterson Park, has a General Plan land use designation of Park (PK). It is within the Open Space Zone (OS). a CONDITIONAL USE PERMIT (c) The proposed project will not be in substantial conflict with the General Plan, local ordinances and State requirements. 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 Open Space(OS)Zone, pursuant to the Los Angeles Planning and Zoning Code, Section 22.40.430. (d) The proposed project will not: (1) Adversely affect the health 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 for the following reasons: The approval of the Conditional Use Permit allows for the proposed construction of the wireless telecommunications facility. 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 Federal Government maintains that the siting of telecommunications facilities are in the national interest and that only aesthetic considerations may be considered when evaluating an telecommunication facility -application. e' Additionally, the Federal government finds L __, 3 that the radio frequency emitted by this type of macrocell facility, as well as the lower frequency electromagnetic fields associated with this type of facility does not produce adverse effects in humans. The lightpole to which the.microcell,antennas are attached are over 580 -feet from the nearest residence on the west side of the park and over 600 feet from any residence on the north side of the parka In addition, south of the Park is the Pomona Freeway and over 700 feet to the nearest residence and east of the park is open'park'space and over 18,000 feet to the nearest residence. (e) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed within City ordinances, or as otherwise required in order to integrate the use with uses in the surrounding area. The antennas will be attached to an existing lightpole and there is sufficient area east of the pole, between the fence delineating ;,,' the edge of the southern property line of the i;: park and the perimeter walkway, to locate the equipment cabinets without encroaching on the any ball playing areas of the park. (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 proposed site, Peterson Park, is served by Golden Springs Drive and Sylvan Glen Road which will adequately absorb the additional traffic generated by the monthly service visit of one maintenance vehicle. Underground electrical and telephone service are easily accessible; the electrical being available from Sylvan Glen Road and the 4 I telephone being available from Golden Springs Drive. I DEVELOPMENT REVIEW (g) The proposed project is in compliance with development Review Ordinance No. 5 (1990) (h) The design and layout of the proposed project 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, theme areas, specific plans, community plans, boulevards or planned developments. As conditioned, the two antennas and the screened equipment cabinets will negligibly impact the park. The antennas are attached to the lightpoles, 62 feet from ground level and the cabinets will be against the southern property line of the park, next to.the Pomona Freeway. (i) The design and layout of the proposed project W will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The installation of the telecommunications facility in the Park will not change the manner in which the park is used. There will be no increase in noise or traffic generated by the monthly servicing of the facility by LA Cellular since traffic will be limited to one utility vehicle along the widened part of the perimeter path. (j) The architectural design of the proposed project 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 General Plan. Based on recreational facility standards of the Community Services Division, Parks and Recreation, it is recommended that 5 -- the proposed location of the equipment cabinets be located on the east side of the lightpole, in order to avoid any conflict with the soccer field. (k) The design of the proposed project will provide a desirable environment for its occupants and visiting,public, as well as if neighbors through good aesthetic use of materials, textures and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance.The antennas attached to the existing lightpole and the equipment cabinets are to be maintained in good condition by LA Cellular. (1) The proposed project will not be detrimental to the public health, safety -or welfare, or materially injurious to the properties or improvements in the vicinity. Studies by the Federal government finds that the radio frequency emitted by this type of microcell facility, as well as the lower frequency electromagnetic fields associated with this type of facility, does not produce adverse effects in humans. In addition, the lightpole to which the microcell antennas are attached are over 580 feet from the nearest residence on the west side of the park. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following -conditions: (a) Conditional Use Permit No. 97-2 and Development Review 97-6 shall be developed in substantial conformance to plans dated August 7, 1997, labeled Exhibit "A" as submitted and conditioned and approved by the Planning Commission. (b) The subject 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 6 r ..,.. r • _ a __ , , . _. property owner, applicant or by 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 Planning Division, Building and Safety Division, Public Works Division and Los Angeles County Fire Department 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 expiration date. The completion of the antenna and related equipment shall occur no later than ten (10) months from the date the lease is signed or City Building and Safety permits are issued, whichever is later. (e) 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 Planning Division, their Affidavit of Acceptance 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 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 7 I v i ,rm.,_-- fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed!I';I"j 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 telecommunication 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 compliance with these standards in language that 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 r"'f 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 this resolution is operated or maintained in violation of FCC-stand.ards, said facility shall be subject to permit revocation by the Planning Commission. (j) The equipment cabinets shall be placed to the east of the designated lightpole and shall be completely enclosed with a chain-link fence with view obstructing screening material to be approved by the Planning Division. Gravel ground cover is to be limited to inside the fenced area only. (k) The perimeter park path shall be designed and (p) The proposed curb cut shall meet Engineering Division requirements. (q) The proposed vehicular access path shall be designed to withstand the additional loads, shall meet A.D.A. accessibility requirements and shall provide A.D.A. notation on submitted plans as to compliance. F--; (r) Any cables shall be installed underground tQ E k widened to 8 feet in width and reinforced per Building and Safety Division requirements at the expense of LA Cellular. „w (1} The project site, as well as the area around any electrical meter which needs to be installed, shall be planted with screening vegetation. Prior to permit issuance, the applicant shall submit landscaping plans to the Planning Division for review and approval. Landscaping shall be installed prior to Planning Division final inspection. (m) Due to the scheduling of the Peterson Park renovation, the electrical and telephone easements, as well as the location of the electrical meter servicing the project, shall be located at the discretion of the Deputy City Manager. The meter shall also be screened by vegetation, the specifics of which are to be designated on the aforementioned landscape plan. (n) 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. (o) Proposed antennas, screening and fence shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C". Also the existing lightpole shall be designed for.the additional antenna loads. Antenna pole attachment details shall be submitted to the Building and Safety Division for approval. ' (p) The proposed curb cut shall meet Engineering Division requirements. (q) The proposed vehicular access path shall be designed to withstand the additional loads, shall meet A.D.A. accessibility requirements and shall provide A.D.A. notation on submitted plans as to compliance. F--; (r) Any cables shall be installed underground tQ E protect pedestrians. (s) The removal of any tree(s) necessary for the widening of the access path shall require the relocation or replacement of the said tree(s) per the Director of Community Services. (t) This approval shall not be valid until and unless the City Council approves a ground lease .agreement with LA Cellular. 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: Leslie Daigle, LA Cellular, 17785 Center Court Drive North, Cerritos, CA 90703 and City Manager, City of Diamond Bar, 21660 Copley Drive, Diamond Bar, California, 91765., APPROVED AND ADOPTED THIS 12th DAY OF AUGUST, 1997 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Ru cka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the forgoing 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 12th day of August, 1997, by the following vote: AYES: COMMISSIONERS: Goldenberg, Ruzika, Fong, McManus, Schad NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: s DeStefan , Secretary 10