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HomeMy WebLinkAboutPC 2000-18PLANNING COMMISSION RESOLUTION NO. 2000-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 2000-04, DEVELOPMENT REVIEW NO. 2000-10, A REQUEST FOR A TELECOMMUNICATIONS FACILITY BY NEXTEL COMMUNICATIONS, CONSISTING OF TWO 25' HIGH CAMOUFLAGED MONOPOLES WITH SIX ANTENNAS, EQUIPMENT CABINETS AND A BLOCK WALL EQUIPMENT ENCLOSURE, FOR PROPERTY LOCATED AT 24401 DARRIN DRIVE, (TRACT NO. 42584, LOT 51) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Eric and Robin Stone and the applicant, Nextel Communications, have filed an application for Conditional Use Permit No. 2000-04, and Development Review No. 2000-10, 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 August 24, 2000, public hearing notices were mailed to approximately 164 property owners of record within a 700 -foot radius of the project site. On August 25, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin, and the project site was posted with a display board for at least 10 days. Further, the public notice was posted at three public places. On September 12, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application at which testimony was received from interested parties including the applicant. The Planning Commission concluded its public hearing on September 12, 2000. The Commission continued its discussion to September 26, 2000 with direction provided to the applicant to respond to questions and concerns raised by Commissioners. 4. On September 26, 2000 the Planning Commission received a staff presentation on the applicant's response to its directives and received additional testimony from the applicant. The Planning Commission concluded its discussion and directed the preparation of a resolution denying the application for consideration on October 10, 2000. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: -kVesolutions pelcnp2000-04darrin.doc 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. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project relates to a portion of a developed parcel containing a 1400 square foot residence, approximately 10.05 acres in size located at 24401 Danin Drive. (b) The project site has 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 exists a separate parcel occupied by,a Los Angeles County Fire Station. (d) The proposed project is a request by Nextel Communications for the location of a wireless telecommunications facility to be developed adjacent to an existing co -located wireless telecommunication facility. (e) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit, Development Review, and compliance with all other applicable provisions of the Development Code and the Municipal Code. The applicant has not demonstrated compliance with specific direction received from the Planning Commission on September 12, 2000. The submitted revisions to the application materials, development plans, documents and the applicants testimony provided September 26, 2000 are insufficient to allow a reasoned and informed decision by the Planning Commission. The plans presented to the Commission on September 26, 2000 contain inaccurate data and information. As a result, the Planning Commission is unable to determine compliance with the following findings required to approve a Conditional Use Permit and Development Review: Conditional Use Permit (Section 22.58.040): a. The proposed use is consistent with the General Plan and any- applicable specific plan. b. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. C. The subject site is fiphysically suitable for the type and densitylintensity of use being proposed including access, provisions of utilities, compatibility ,, , .... ,... r .., , , , , _ E,_. __IJ --- with adjoining land uses, and the absence of physical constraints. d. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Development Review (Section 22.48.040): a. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. �- d. The design of the proposed development 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, and will remain aesthetically appealing. e. - The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. f. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4. Further review of the application is not warranted. The applicant should prepare and file a new application that addresses the unresolved issues and responds to the concerns as expressed by the Commission. Based on the findings and conclusions set forth above, the Planning Commission hereby denies the Application. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and i (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Eric and Robin Stone, 24401 Darrin Avenue, Diamond Bar, CA 91765, and Nextel Communications, 310 Commerce, Irvine, CA 92602. E APPROVED AND ADOPTED THIS 10 TH DAY OF OCTOBER 2000, BY THE PLANNING II COMMISSION OF THE CITY OF DIAMOND BAR. BY: 7 Steve Nelson, 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 10th day of October 2000, by the following vote: AYES: Kuo, Ruzicka, Tye, Zirbes, NOES: ABSENT: ABSTAIN: Nelson 1 ATTEST: , "*—JamesDeStefapo, S cretary 4 PLANNING COMMISSION RESOLUTION NO. 2000-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 2000-04, DEVELOPMENT REVIEW NO. 2000-10, A REQUEST FOR A TELECOMMUNICATIONS FACILITY BY NEXTEL COMMUNICATIONS, CONSISTING OF TWO 25 -HIGH CAMOUFLAGED MONOPOLES WITH SIX ANTENNAS, EQUIPMENT CABINETS AND A BLOCK WALL EQUIPMENT ENCLOSURE, FOR PROPERTY LOCATED AT 24401 DARRIN DRIVE, (TRACT NO. 42584, LOT 51) DIAMOND BAR, A. RECITALS. 1. The property owners, Eric and Robin Stone and the applicant, Nextel Communications, have filed an application for Conditional Use Permit No. 2000-04, and Development Review No. 2000-10, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject 2. On August 24, 2000, public hearing notices were mailed to approximately 164 property owners of record within a 700 -foot radius of the project site. On August 25, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin, and the project site was posted with a display board for at least 10 days. 3. On September 12, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application at which testimony was received from interested parties including the applicant. The Planning Commission concluded its public hearing on September 12, 2000. The Commission continued its discussion to September 26, 2000 with direction provided to the applicant to respond to questions and On September 26, 2000 the Planning Commission received a staff presentation on the applicant's response to its directives and received additional testimony from the applicant. The Planning Commission concluded its discussion and directed the preparation of a resolution B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning gWesolutions pc\cup2000- 1. This Planning Corrunission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project relates to a portion of a developed parcel containing a 1400 square foot residence, approximately 10.05' acres in size located at 24401 Danin Drive. (b) The project site has a General Plan land use designation of Low Density Residential (RL). It is within the Single Family Residential (R-1-10,000) (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 exists a separate parcel occupied by a Los Angeles County Fire Station. (d) The proposed project is a request by Nextel Communications for the location of a wireless telecommunications facility to be developed adjacent to an existing co -located wireless telecommunication facility. (e) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit, Development Review, and compliance with all other applicable provisions of the Development Code and the Municipal Code. 3. The applicant has not demonstrated compliance with specific direction received from the Planning Commission on September 12, 2000. The submitted revisions to the application materials, development plans, documents and the applicants testimony provided September 26, 2000 are insufficient to allow a reasoned and informed decision by the Planning Commission. The plans presented to the Commission on September 26, 2000 contain inaccurate data and information. As a result, the Plan'ning Commission is unable to determine compliance with the following findings required to approve a Conditional Use Permit and Development Review: Conditional Use Permit (Section a. The proposed use is consistent with the General Plan and any- applicable b. The design, location, size and operating characteristics of the proposed use C. The subject site is physic'ally suitable for the type and density/intensity of use with adjoining land uses, and the absence of physical constraints. d. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Development Review (Section a. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable d. The design of the proposed development 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, and will remain aesthetically appealing. e. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. f. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4. Further review of the application is not warranted. The applicant should prepare and file a new application that addresses the unresolved issues and responds to the concerns as expressed by the Commission. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby denies the Application. The Planning Commission (a) Certify to the adoption of tl—is Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Eric and Robin Stone, 24401 Darrin Avenue, Diamond Bar, CA 91765, and Nextel Communications. 310 Commerce. Irvine. CA 92602. APPROVED AND ADOPTED TFHS 10 TH DAY OF OCTOBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Cqhair—an 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 10th day of October 2000, by the following vote: AYES: Kuo, Ruzicka, Tye, Zirbes, NOES: IF -111-1-4:111116 ABSTAIN- Nelson ATTEST: —4 ames DeStefano, S—cretary