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Home My WebLink AboutPC 98-18A. PLANNING COMMISSION RESOLUTION NO. 98-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR EXTENDING CONDITIONAL USE PERMIT NO. 96-10 AND DEVELOPMENT REVIEW NO. 96-9 TO CONTINUE 'THE OPERATION OF AN EXISTING CO -LOCATED, UNMANNED, WIRELESS TELECOMMUNI- CATION FACILITY LOCATED AT 24401 DARRIN DRIVE, DIAMOND BAR, CALIFORNIA. RECITALS. 1. On August 5, 1997, the City Council of the City of Diamond Bar approved Conditional Use Permit No. 96-10 and Development Review No. 96-9 by Resolution No. 97-58. The permits were subject to expiration on August 6, 1998 unless the applicants filed an application to extend no less than 45 days prior to the expiration. 2. On June 4, 1998, the property owners, Eric and Robin Stone and applicants, Pacific Bell Mobile Services and 4 Cox/Sprint PCS have filed an application requesting an extension of Conditional Use Permit No. 96-10 and Development Review No. 96-9 in order to continue the operation of an existing co -located, unmanned, wireless telecommunication facility. The project site is located at 24401 Darrin Drive (Lot 51 of Tract No. 42584), Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject request shall be referred to as the "Application". 3. The Planning Commission of the City of Diamond Bar on August 11, 1998 conducted a duly noticed public hearing on the Application. On August 11, 1998, the Planning Commission directed staff to prepare a resolution �- approving the extension of Conditional Use Permit No. 96- 10 and Development Review No. 96-9 until August 5, 2001. 4. Notification of the August 11, 1998 public hearing for this project was provided in the San Gabriel Valley 1 B. Tribune and Inland Valley Daily Bulletin newspapers on July 22, 1998. Approximately 322 property owners within a 500 foot radius of the project site were notified by mail on July 21, 1998. 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 (e) of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Government 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 containe& 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 Application relates to a project approved by the City Council on August 5, 1997. The approval allowed the installation of a co -located, unmanned, wireless telecommunication facility for twelve month at 24401 Darrin Drive, Diamond Bar, CA 91765. (b) The project site has a General Plan Land Use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned Single Family Residential -Minimum Lot Size -10,000 +" j; Square Feet (R-1-10,000). (c) Generally, the following zone and use surround the 2 project site: to the north is the Pomona (60) Freeway; and to the south, east and west is the Single Family Residential -Minimum Lot Size -10,000 �- Square Feet (R-1-10,000) Zone. i �- (d) There have been no changes in circumstances or conditions and all of findings set forth in City Council Resolution No. 97-58 are still valid and can still be made. The application to extend does not affect or alter any of the facts or findings that were made by Council. 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 Exhibit "A", dated August 11, 1998, 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 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)- All conditions'of approval listed within City Council Resolution No. 97-58 shall remain in full force and effect unless amended as a part of this action. (d) In order to guarantee the continuing health and maintenance of the required landscaping, the $24,000.00 performance bond, submitted by the applicants, shall remain in full force and effect until this grant expires. (e) The $10,000.00 bond that guarantees the removal of the facility and the restoration of the site to a condition acceptable to the Deputy City Manager shall remain in full force and effect until this grant expires. 3 7 (f) This grant is valid for three years from August 5, 1998 to August 5, 2001. No further extension shall be granted unless the applicants submit an application for and extension no less than 45 days prior to the expiration and the extension is approved by the Planning Commission following a duly noticed public hearing. Nothing contained herein shall be construed as conferring any right to an extension. (g) 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. (h) 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 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: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765, Pacific Bell Mobile Services, 2521 Michelle Drive, 2nd Floor, Tustin, CA 92780 and Cox/Sprint PCS, 18200 Von Karman, #100, Irvine, CA 92612. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe McManus, Chairman 4 vv' �m,� t��'J 4,f _ i_ ___—___ _ ____ __ __� _�_3—., I__. I q.Atlll.v_siInWAIM10.AWNNA»wliHw�sn�.-n.�*H+w,--•.Mw+a�lnn. ��--i »+nw =ri mai .rel. +^�—,+�n�«^mrv�memumrin.�wnemmm..wxuxein�nmunx« ,=1_.i_=c_ i— __.__ _ __r .___ _._ � _ ____ I, Ann Lungu, 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 25th day of August, 1998, by the following vote: AYES: McManus, Tye, Nelson, Kuo, Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: 11;'ng ec e ar Ann Lungu 9 I: IIIHIIJ IT__ `TIT V, I'll litlll' IPIIIIIIWI. I �� PLANNING COMMISSION RESOLUTION NO. 98-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR EXTENDING CONDITIONAL USE PERMIT NO. 96-10 AND DEVELOPMENT REVIEW NO. 96-9 TO CONTINUETHE OPERATION OF AN EXISTING CO -LOCATED, UNMANNED, WIRELESS TELECOMMUNI-CATION FACILITY LOCATED AT 24401 DARRIN DRIVE, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. On August 5, 1997, the City Council of the City of Diamond Bar approved Conditional Use Permit No. 96-10 and Development Review No. 96-9 by Resolution No. 97-58. The permits were subject to expiration on August 6, 1998 unless the applicants filed an application to extend no less than 45 days prior to the expiration. 2. On June 4, 1998, the property owners, Eric and Robin Stone and applicants, Pacific Bell Mobile Services and Cox/Sprint PCS have filed an application requesting an extension of Conditional Use Permit No. 96-10 and Development Review No. 96-9 in order to continue the operation of an existing co -located, unmanned, wireless telecommunication facility. The project site is located at 24401 Darrin Drive (Lot 51 of Tract No. 42584), Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject request shall be referred to as the "Application". 3. The Planning Commission of the City of Diamond Bar on August 11, 1998 conducted a duly noticed public hearing on the Application. On August 11, 1998, the Planning Commission directed staff to prepare a resolution approving the extension of Conditional Use Permit No. 9610 and Development Review No. 96-9 until August 5, 2001. 4. Notification of the August 11, 1998 public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on July 22, 1998. Approximately 322 property owners within a 500 foot radius of the project site were notified by mail on July 21, 1998. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission 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 (e) of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Government 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 th'e 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 Application relates to a project approved by the City Council on August 5, 1997. The approval allowed the installation of a co -located, unmanned, wireless telecommunication facility for twelve month at 24401 Darrin Drive, Diamond Bar. CA 91765. (b) The project site has a General Plan Land Use designation of Low Density Residential - Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned Single Family Residential -Minimum Lot Size -10,000 Square Feet (R-1-10,000). (c) Generally, the following zone and use surround the project site: to the north is the Pomona (60) Freeway; and to the south, east and west is the Single Family Residential -Minimum Lot Size -10,000 Square Feet (R-1-10,000) Zone. (d) There have been no changes in circumstances or conditions and all of findings set forth in City Council Resolution No. 97-58 are still valid and can still be, made. The application to extend does not affect or alter any of the facts or findings that were made by Council. 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 Exhibit "A", dated August 11, 1998, 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)- All conditions of approval listed within City Council Resolution No. 97-58 shall remain in full force and effect unless amended as a part of this action. (d) In order to guarantee the continuing health and maintenance of the required landscaping, the $24,-000.00 performance bond, submitted by the applicants, shall remain in full force and effect until this grant expires. (e) The $10,000.00 bond the facility that guarantees the removal of restoration and the condition acceptable of the site to a to the Deputy City Manager shall remain in full grant force and effect until this expires. (f) This grant is valid for three years from August 5, 1998 to August 5, 2001'. No further extension shall be granted unless the applicants submit an application for and extension no less than 45 days prior to the expiration and the extension is approved'by the Planning Commission following a duly noticed public hearing. Nothing contained herein shall be construed as conferring any right to an extension. (g) This grant shall not be effective for any purpose until the permittee and owner of the property i'nvolved (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. (h) 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 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: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765, Pacific Bell Mobile Services, 2521 Michelle Drive, 2nd Floor, Tustin, CA 92780 and Cox/Sprint PCS, 18200 Von Karman, #100, Irvine, CA 92612. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman 9W M Iz I, Ann Lungu, 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 25th day of August, 1998, by the following vote: AYES: McManus, Tye, Nelson, Kuo, Ruzicka NOES: ra �yarrrra ��ran�r_��r��n g ec e ar Ann Lungu 11 Znjge 111 1 -77-IT -11 _7 ",I" IHil, PIT i