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HomeMy WebLinkAboutPC 2001-06_ - i_ - ��� �J�L_i•4lJI�.n.IdJM.un..x�.iau .dm.. a-i.�fl.w�a.: -.�. .i....�••.�•��••i�c:s._� _u+..�., ,.�...�. �.....,.. .. PLANNING COMMISSION RESOLUTION NO. 2001-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING DEVELOPMENT REVIEW NO. 2000-20, CONDITIONAL USE PERMIT NO. 2000-02 - AND APPROVING A CATEGORICAL EXEMPTION, A REQUEST TO CO -LOCATE A TELECOMMUNICATION ANTENNA ON AN EXISTING MONOPOLE AND TO CONSTRUCT A NINE SQUARE FOOT EQUIPMENT CABINENT AT AN EXISTING FACILITY. THE PROJECT SITE IS LOCATED AT 21400 PATHFINDER ROAD (DIAMOND BAR HIGH SCHOOL), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant Metricom, Inc., and property owner, Walnut Valley Unified School District filed an application for a Conditional Use Permit No. 2000-02 and Development Review Permit No. 2000-20 for property located at 21400 Pathfinder Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review Permit, Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On November 17, 2000, public hearing notices were mailed to approximately 296 property owners within a 700 -foot radius of the project site. On November 17, 2000, the project site was posted with a display board. On November 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and posted in three public places. On November 28, 2000, and January 23, 2001, the Planning Commission of the City of Diamond Bar conducted duly noticed public hearings on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15301(b). Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar and is hereby adopted. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a fully developed public high school- and the proposed project is the co -location of a telecommunication antenna to be attached to an existing monopole. (b) The project site has a General Plan land use designation of Low Density Residential. (c) The project site is zoned R-1 (7,500). (d) Generally, the site is surrounded to the north, south, and east with R-1 (7,500) zoned property. The property to the west is zoned CPD (Commercial Planned Development). Development Review I (e) The design and layout of the proposed development is not consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project does not meet.the City's criteria for environmental integration whereas to the extent feasible the proposed facility should blend into the surrounding environment or be architecturally integrated into a concealing structure. (f) The design and layout of the proposed development will interfere with the use and enjoyment of exiting neighboring properties. However, the proposed project will not create traffic or pedestrian hazards. The Planning Commission received testimony from an adjacent property owner that the proposed project would negatively impact the neighborhood because inadequate screening techniques_ would be employed, thereby, subjecting the residential neighborhood to views of inappropriate commercial equipment. (g) The Planning Commission received testimony from the applicant that the existing monopole is structurally insufficient to accommodate an additional Ok r screened antenna and that the structural safety requirements of TIA/TIA- 222-F would not be met. (h) The proposed development would be detrimental to public health, safety or welfare or could be materially injurious to the properties or improvements in the vicinity. Conditional Use Permit (i) The proposed use is allowed within the subject zone district with the approval of a Conditional Use Permit if it complies with applicable provisions of the Development Code and the Municipal Code. The proposed telecommunication project is permitted on the subject property as set forth in Section 22.42.130 of the Diamond Bard Development Code in the event that the proposed project complies with the development standards set forth therein. However, the Planning Commission finds that the proposed project does not comply with the established development criteria and the reasons are set forth herein (see B-3 (e, f, g, & h). 0) The proposed use is not consistent with the General Plan land use goals and - objective. (k) The design, location, size and operating characteristics of the proposed use tr d are not compatible with the existing and future land uses in the vicinity. Information has been provided to the Planning Commission indicating that the addition of the proposed antenna would negatively impact the existing residential aesthetics. (1) The subject site is not physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The applicant has provided the Planning Commission with information that the existing monopole is incapable of safely supporting a screened antenna. (m) Granting the Conditional Use Permit will be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The existing facility is incapable of supporting a properly screened antenna as indicated by the applicant. 4. 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Walnut Valley Unified School District, 880 South Lemon Ave., Walnut, CA 91789, and Metricom, Inc., 1460 East 33rd Street, Signal Hill, CA 90807 APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bob Zirbes, Vice 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 13th day of February 2001, by the following vote: AYES: Tye, Ruzicka, Kuo, V/C Zirbes NOES: ABSENT: Chair Nelson ABSTAIN: / l ATTEST: )ames DeSte�no, Secretary g.Rc.wlanon.,PC CUPDD-2 21400ParhfinderMecricom-tebD1 4 PLANNING COMMISSION RESOLUTION NO. 2001- 06 A RESOLUTION OF THE PLANNING COMMSSION OF THE CITY OF DIAMOND BAR DENYING DEVELOPMENT REVIEW NO. 2000-20, CONDITIONAL USE PERMIT NO. 2000-02 - AND APPROVING A CATEGORICAL EXEMPTION, A REQUEST TO CO -LOCATE A TELECOMMUNICATION ANTENNA ON AN EXISTING MONOPOLE AND TO CONSTRUCT A NINE SQUARE FOOT EQUIPMENT CABINENT AT AN EXISTING FACILITY. THE PROJECT SITE IS LOCATED AT 21400 PATHFINDER ROAD (DIAMOND BAR HIGH SCHOOL), A. RECITALS. I The applicant Metricom, Inc., and property owner, Walnut Valley Unified School District filed an application for a Conditional Use Permit No. 2000-02 and Development Review Permit No. 2000-20 for property located at 21400 Pathfinder Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review Permit, Conditional Use Permit, and Categorical Exemption shall be referred to as 2. On November 17, 2000, public hearing notices were mailed to approximately 296 property owners within a 700 -foot radius of the project site. On November 17, 2000, the project site was posted with a display board. On November 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin 3. On November 28, 2000, and January 23, 200 1, the Planning Commission of the City of Diamond Bar conducted duly noticed public hearings on the B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning This Planning Commission hereby specifically finds that all of the facts set 2. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15301(b). Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar and is hereby adopted. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a fully developed public high school- and the proposed project is the co -location of a telecommunication antenna to be attached to an existing monopole. (b) The project site has a General Plan land use designation of Low (c) The project site is zoned R-1 (7,500). (d) Generally, the site is surrounded to the north, south, and east with R-1 (7,500) zoned property. The property to the west is zoned CPD Development (e) The design and layout of the proposed development is not consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project does not meet.the City's criteria for environmental integration whereas to the extent feasible the proposed facility should blend into the surrounding environment or be - architecturally (f) The design and layout of the proposed development will interfere with the use and enjoyment of exiting neighboring properties. However, the proposed project will not create traffic or pedestrian hazards. The Planning Commission received testimony from an adjacent property owner that the proposed project would negatively impact the neighborhood because inadequate screening techniques -would (g) The Planning Commission received testimony from the applicant that screened antenna and that the structural safety requirements of TLAJTIA222-F would not be met. (h) The proposed development would be detrimental to public health, safety or welfare or could be materially injurious to the properties or improvements in the vicinity. Conditional Use 0) The proposed use is allowed within the subject zone district with the approval of a Conditional Use Permit if it complies with applicable provisions of the Development Code and the Municipal Code. The proposed telecommunication project is permitted on the subject property as set forth in Section 22.42.130 of the Diamond Bard Development Code in the event that the proposed project complies with the development standards set forth therein. However, the Planning Commission finds that the proposed project does not comply with the established development criteria and the reasons The proposed use is not consistent with the General Plan land use (k) The design, location, size and operating characteristics of the are not compatible with the existing and future land uses in the vicinity. Information has been provided to the Planning Commission indicating that the addition of the proposed antenna would (1) The subject site is not physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The applicant has provided the Planning Commission with information that the existing monopole is (in) Granting the Conditional Use Pen -nit will be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The existing facility is incapable of supporting a 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 this Resolution; (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Walnut Valley Unified School District, 880 South Lemon Ave., Walnut, CA 91789, and Metricom, Inc., 1460 East 33rd Street, APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bob Zirbes, Vice Chairman 1, 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 13th day of February 2001, by the following vote: AYES: Tye, Ruzicka, Kuo, V/C Zirbes NOES: ABSENT: Chair Nelson ABSTAIN: ATTEST: Oames DeSt fano, Secrt g.Pm)7ution.gPC CUPOO-2 21400PaMmderMetncom,tcb01 4