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Home My WebLink AboutPC 99-05T PLANNING COMMISSION RESOLUTION NO. 99-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF DIAMOND BAR ADOPT AND ORDINANCE ESTABLISHING DEVELOPMENT STANDARDS FOR RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES. CASE NO. ZCA 98-2 A.RECITALS. 1. 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 22 of F AI the Los Angeles County that was applicable to radio and television antenna and wireless telecommunications -. antenna facilities within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 3. The City of Diamond Bar has determined that the existing radio and television antenna and wireless telecommunications antenna facilities regulations contained within the Los Angeles County Planning and Zoning Code are outdated and ill-suited to meet the City's needs in terms of the type and quality of development envisioned by the General Plan. 4. The City Council adopted Ordinance No. 4 (1997) on July 15, 1997 establishing a moratorium on land use entitlements for wireless communication facilities. The City Council directed its staff to research and develop new regulations regarding the placement of wireless telecommunication facilities. The City Council subsequently extended the moratorium with the adoption of Ordinance No. 4-A(1997) on August 1997 and Ordinance 4- B(1997) on July 6, 1998. The moratorium is scheduled to end on July 17, 1999 or upon the effective date of a new wireless telecommunication ordinance. 1 5. In August 1998, the Mayor appointed a 13 member Telecommunication Task Force to establish siting and design criteria for the placement of wireless telecommunication facilities within the City. The Task Force conducted meetings on September 2, 16 and 30, October 7, 21, and 28, 1998. 6. The Planning Commission of the City of Diamond Bar on December 8, 1998, January 12, 1999, January 26, 1999 -and February 9, 1999 conducted duly noticed public hearings on the Draft Radio and'Television Antenna and Wireless Telecommunications Antenna Ordinance. 7. Notification of the public hearing for the Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance was provided within the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 16, 1998 in a one eighth page legal advertisement. Additional notice was provided to members of the Telecommunication Task Force and other interested parties on record. 8. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that the Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance attached hereto as Exhibit "A" and incorporated by reference into this Resolution implements $' the goals, objectives and strategies of the General Plan. The Planning Commission has duly considered these issues so as to meet the City's needs in terms of the type of development envisioned by the General Plan. 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 finds that there is substantial evidence that the Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance will not a significant effect on the environment and therefore Negative Declaration No. 97-3 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section:'' 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hreby 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. That Section 22.42.130 "Telecommunications Facilities of Chapter 22.42 "Standards for Specific Land Uses" of the Diamond Bar Development Code is hereby repealed on its entirety. 5. That all references to Section 22.42.130 "Telecommunications Facilities" within the Diamond Bar Development Code are hereby amended to read as follows: "Section 22.42.130 - Radio and Television antennas and Wireless Telecommunications Antenna Facilities". 6. That Table 2-3 "Allowed Uses and Permit Requirements for Residential Zoning Districts" of Section 22.08.030 Residential Zoning District Land Uses and Permit _ Requirements be amended to add "Radio and Television Antennas and Wireless Telecommunication Facilities" as a permitted transportation and communication use subject to the standards within Section 22.42.130. 7, That Table 2-5, Allowed Uses and Permit Requirements for Office Zoning Districts be amended to add Radio and Television Antennas and Wireless Telecommunication Facilities" as a permitted Transportation and Communication Use subject to the standards within Section 22.42.130. 8. That Table 2-6, Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts be amended to add Radio and Television Antennas and Wireless Telecommunication Facilities" as a permitted Transportation and Communication Use subject to the standards within Section 22.42.130. 9. That Chapter 22.80 -Definitions is hereby amended to incorporate, in alphabetical order, the definitions contained within Exhibit "A" - Draft Radio and Television I Antennas and Wireless Telecommunications Facilities. 3 7, 10. The Planning Commission hereby recommends that the City Council approve ZCA 98-2. 11. The Planning Commission recommends that the City Council consider adoption of an urgency ordinance'to repeal the moratorium and permit applications for radio, television and wireless telecommunication facilities to be processed, consistent with the Exhibit "A". The Secretary of the Planning Commission shall: BY: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 9TH DAY OF February 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. C CRr�cl A 4cManus, 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 9th day of February 1999, by the following vote: AYES: McManus, Tye, Ruzicka, Nelson, Kuo NOES: None ABSENT: None ABSTAIN: None 0 ATTEST: James De'tefano, Secretary 4 ._.A. _._ ,A . ! 1_ 111 .. _.k..... ,A4.. _IA R . _. ,, .,.,-VA"...W AIL AI,.. .....,.,A ., _1. 11 .,.,.11 ;, 11 i", i„i' I[ -i y'+Atd^: ,'. ir?:' "U"„t'C �"Q'14 PLANNING COMMISSION RESOLUTION NO. 99-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIA14OND BAR RECa44ENDING THAT THE CITY COUNCIL OF DIAMOND BAR ADOPT AND ORDINANCE ESTABLISHING DEVELOPMENT STANDARDS FOR RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMICATIONS ANTENNA FACILITIES. CASE 140. ZCA A.RECITALS. 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 22 of the Los Angeles County that was applicable to radio and television antenna and wireless telecommunications antenna facilities within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 3. The City of Diamond Bar has determined that the existing radio and television antenna and wireless telecommunications antenna facilities regulations contained within the Los Angeles County Planning and Zoning Code are outdated and ill-suited to meet the City's needs in terms of the type and quality of development envisioned by the General Plan. 4. The City Council adopted Ordinance No. 4 (1997) on July 15, 1997 establishing a moratorium on land use entitlements for wireless communication facilities. The City Council directed its staff to research and develop new regulations regarding the placement of wireless telecommunication facilities. The City Council subsequently extended the moratorium with the adoption of Ordinance No. 4-A(1997) on August 1997 and Ordinance 4B(1997) on July 6, 1998. The moratorium is scheduled to end on July 17, 1999 or upon the effective date of a new wireless telecommunication ordinance. 5. In August 1998, the Mayor appointed a 13 member Telecommunication Task Force to establish siting and design criteria for the placement of wireless telecommunication facilities within the City. The Task Force conducted meetings on September 2, 16 and 30, October 7, 21, -and 28, 1998. 6. The Planning Commission of the City of Diamond Bar on December 8, 1998, January 12, 1999, January 26, 1999,and February 9, 1999 conducted duly noticed public hearings on the Draft Radio and'Television Antenna and Wireless Telecommunications Antenna Ordinance. 7. Notification of the public hearing for the Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance was provided within the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 16, 1998 in a one eighth page legal advertisement. Additional notice was provided to members of the Telecommunication Task Force and other interested parties on record. 8. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that the Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance attached hereto as Exhibit "A" and incorporated by reference into this Resolution implements the goals, objectives and strategies of the General Plan. The Planning Commission has duly considered these issues so as to meet the City's needs in terms of the type of development envisioned by the General Plan. B.Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission 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 finds that there is substantial evidence that the Draft Radio and Television Antenna and Wireless Telecommunications Antenna Ordinance will not a significant effect on the environment and therefore Negative Declaration No. 97-3 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission h6—e"by 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. That Section 22.42.130 "Telecommunications Facilities of Chapter 22.42 "Standards for Specific Land Uses" of the Diamond Bar Development Code is hereby repealed on its entirety. 5. That all references to Section 22.42.130 "Telecommunications Facilities" within the Diamond Bar Development Code are hereby amended to read as follows: "Section 22.42.130 - Radio and Television antennas and Wireless Telecommunications Antenna Facilities". 6. That Table 2-3 "Allowed Uses and Permit Requirements for r-7 Residential Zoning Districts" of Section 22.08.030 Residential Zoning District Land Uses and Permit Requirements be amended to add "Radio and Television Antennas and Wireless Telecommunication Facilities" as a permitted transportation and communication use subject to the standards within Section 22.42.130. 7.' That Table 2-5, Allowed Uses and Permit Requirements for Office Zoning Districts be amended to add Radio and Television Antennas and Wireless Telecommunication Facilities" as a permitted Transportation and Communication Use subject to the standards within Section 22.42.130. 8. That Table 2-6, Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts be amended to add Radio and Television Antennas and Wireless Telecommunication Facilities" as a permitted Transportation and Communication Use subject to the standards within Section 22.42.130. 9. That Chapter 22.80 -Definitions is hereby amended to incorporate, in alphabetical order, the definitions contained within Exhibit "A" - Draft Radio and Television Antennas and Wireless Telecommunications Facilities. 10. The Planning Commission hereby recommends that the City Council approve ZCA 98-2. 11. The Planning Commission recommends that the City Council consider adoption of an urgency ordinance to repeal the moratorium and permit applications for radio, television and wireless telecommunication facilities to be processed, consistent with the Exhibit "A". The Secretary of the Planning Commission shall: BY: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 9TH DAY OF February 1999, BY THE IcManus, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certity 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 9th day of February 1999, by the following vote: AYES: McManus, Tye, Ruzicka, Nelson, Kuo NOES: None ABSENT: None A13STAIN:None 4 A _t --J-