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HomeMy WebLinkAboutPC 2001-09PLANNING COMMISSION RESOLUTION NO. 2001-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2000-04, DEVELOPMENT REVIEW NO. 2000-10, AND CATEGORICAL EXEMPTION, A REQUEST TO INSTALL TWO MONOPOLES WITH TWO ANTENNAS ON EACH MONOPOLE AND EQUIPMENT CABINET ENCLOSED BY BLOCK WALL. THE PROJECT SITE IS LOCATED AT 24401 DARRIN DRIVE (LOT 51, TRACT NO. 42584) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Eric Stone and applicant, Nextel Communications -have filed an application for Conditional Use Permit No. 2000-04, Development Review No. 2000-10 and Categorical Exemption for a property located at 24401 Darrin Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Categorical Exemption shall be referred to as the "Application." 2. On February 13, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On January 31, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On January'29, 2001, public hearing notices were mailed to approximately 106 property owners of record within a 700 -foot radius of the project. On January 30, 2001, the project site was posted with a display board and the public notice was posted in three public places. 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 the project identified above in this Resolution is categorically exempt pursuant -to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(e). 1 Ini lin I III III—' 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 rp 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. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an irregular shaped lot that slopes down to a canyon and then slopes upward to the northerly property boundary adjacent to the freeway. The project site is approximately 10.05 gross acres (approximately 6.87 net acres). A storm drain easement traverses the project site in a north -south direction taking access from Armitos Place and not within the area of the proposed telecommunication facility. The project site is currently developed with a single family residence approximately 1,400 square feet and a telecommunication facility with three monopoles and a telecommunications equipment cabinet approved by the Planning Commission for Pac Bell and Cox communications in 1998. The project site is bordered by the Pomona Freeway (SR 60) on the north, Armitos Place on the south, Golden Springs Drive on the west, Carpio Drive on the southwest and Darrin Drive on the southeast. (b) The General Plan land use designation for the project site is Low Density Residential (RL -Maximum 3 DU/Acre). (c) The zoning designation for the project site is Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000). (d) Generally, the following zones and uses surround the project site: to the north is the Pomona Freeway (SR 60); to the south is the R-1-10,000 Zone; and to the west and East is the -R-2-20,000 and R-1-8,000 Zones. (e) The application request is to install two monopoles with two antennas each, and an equipment cabinet enclosed by a block wall on a proposed lease area of approximately 277 square feet. The monopoles with the antennas will be 25 and 30 feet tall. --The antenna poles will be camouflaged painted to match the existing telecommuni- cations facility. The equipment cabinet is approximately 92 square feet and will hold receiving and distribution equipment. A block wall varying from 7 to 9.5 feet in height will enclose the cabinet. The wall will also be camouflaged painted to_zna_cb the wall of the existing telecommunications facility.Chain-link fercina - approximately 7.5 feet tall will be atop and inside the wall. Chain-link access gates will be provided. The wall enclosure will also contain two air-conditioning units to service the equipment cabinet. The proposed project will also cause an extension of the existing steps and existing pathway (utilized by Pac Bell and Cox) to the equipment and a new gravel path from the proposed step extension to one of the proposed monopoles. conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of a Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. Therefore, the review will include location, design, configuration and potential impacts to ensure that the proposed used will protect the pubic health, safety and welfare. Pursuant to the City's Development Code standards for telecommunication facilities, the proposed project does not meet the criteria for an Administrative Review or Minor Conditional Use Permit due to its location in a residential zone (R-1-10,000), design, concealment and architectural integration. As a result, the proposed project requires approval of a Conditional Use Permit by the Planning Commission. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of Low Density Residential (RL -Maximum 3 DU/Acre). Objectives and Strategies of the General Plan encourage the establishment of new technology that are deemed environmentally safe and compatible with developmenc. The proposed project is required to comply with Federal regulations regarding radio frequency emissions thereby considered environmentally safe. The proposed project is compatible with the General plan in that it will generate a minimal amount of additional traffic to the r. neighborhood by infrequent maintenance visits. It will not create a new source of light and noise. It will not be visible from Armitos Place and will not block the view of the hillside north of the 60 Freeway. A specific plan does not exist for the project site or area. 3 (h) The design, location, size and operation characteristics of the proposed use are compatible with the existi:g and future land uses in the vicinity; The project site is approximately 10.05 gross acres (approximately 6.87 net acres) and developed with a 1,400 square foot single-family home and existing telecommunications facility (approved by the Planning Commission in 1998) approximately the same size as the proposed facility. The proposed telecommunications facility will utilize approximately 277 square feet of the project site. Considering the size of the project site and the lot area required to install the proposed telecommunications facility, it is clear that the pro3ect site can accommodate the proposed project. The proposed project will generate a minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. It will not create a new source of light and noise. The facility is required to comply with Federal regulations regarding radio frequency emissions. It will not be visible from Armitos Place and will not block the view of the hillside north of the 60 Freeway. The project will be camouflaged painted to match the existing j cell facility and additional landscaping will be added. It is anticipated that the existing vegetation will also assist in screening the proposed telecommunications facility. Therefore, it is unlikely that the proposed project will negatively impact the single-family residential neighborhood. Furthermore, the existing cell site operating for approximately two years does not appear to have negatively impacted the single-family residence. Therefore, the project's design, location, size and operational characteristics, as conditioned, will be compatible with the existing and future.land uses in the vicinity. (i) The subject site is 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; As referenced above in Item (h), the proposed project meets the required development standards for the R-1-10,000 zone. As such, it is compatible with adjoining land uses. Provisions for utilities exist at the project site. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; 4 As referenced above in Items (f) through (i), the proposed project, as conditioned, will meet the City's minimum development standards. Traffic will be minimal. With the issuance of the appropriate permits and required compliance with Federal regulations regarding radio frequency emissions, it is expected that granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. Development Review (1) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); As referenced above in Items (f) through (i), the proposed project_ is consistent with the City's Design Guidelines, development standards of the applicable district, and architectural criteria for special areas. Additionally, a specified architectural criteria for the area does not exist. (m) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; As referenced in Items (f) through (j) above, it is expected that the design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (n) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the 5 5. harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan,- or any applicable specific plan; As referenced in Items (g) and (h) above, the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan. (o) 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 that will remain aesthetically appealing; As referenced above in Items (h), and (i), it is expected that 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 that will remain aesthetically appealing. (p) 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; As referenced in Items (h) through (k) above, the proposed project is not expected to 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. 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 a site plan, sections/elevations, and final landscape/irrigation plan, collectively labeled as Exhibit "A" dated February 13, 2001, as submitted, amended herein 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 R permitted waste contractoi 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/ irrigation plan for the City's review and approval. Said plan shall: (1) Delineate the relocation site of the three 24 -inch box size trees that require relocation due to the proposed project's construction; said trees shall be relocated in a manner that will effectively screen the existing and proposed telecommunications facility; (2) All boxed trees shall be planted; (3) Additional 24 -inch box size trees and five gallon size shrubs shall be planted to effectively screen the proposed block wall equipment enclosure; said trees and shrubs shall be consistent with the existing on-site vegetation; and (4) Vegetation destroyed during construction shall be replaced with like vegetation. (d) Prior to final inspection, property owner/applicant shall remove all debris/trash that exists within the project _. site area. (e) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (f) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall. be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use_ Permit. The Commission may revoke or modify the Conditional Use Permit. (g) Prior to the release of utilities, the application shall submit a study addressing the need to provide service to various areas of Diamond Bar which are currently considered dark and remedies thereof. (h)' Prior to the issuance of any City permits, the applicant shall submit retaining wall plans and calculations for the City's review and approval. . (i).. Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project perimeter. 7 (j) All stairways leading to equipment shall have handrails and guardrails per Building Code requirements. (k) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, 1998 National Electrical Code and State Energy Code) requirements. (1) All cables shall be installed underground. (m) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (n) 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 of time for this application may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (o) 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 and Development Services 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, school fees and fees for the review of submitted reports. (p) 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 Stone, 24401 Darrin Drive, Diamond Bar, CA and Nextel Communications, 310 Commerce, Irvine, CA 92602. 8 F APPROVED AND ADOPTED THIS 13TH,OF FEBRUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. - , BY: ian 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 Sar, at a regular meeting of the Planning Commission held on the 13th day of February 2001, by the following vote: AYES: V/C Zirbes, Ruzicka, Kuo, Tye, Chair Nelson NOES: None ABSENT: None \` e ATTEST: James De tefano, Secretary 9 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2000- 04, DEVELOPMENT REVIEW NO. 2000-10, AND CATEGORICAL EXEMPTION, A REQUEST TO INSTALL TWO MONOPOLES WITH TWO ANTENNAS ON EACH MONOPOLE AND EQUIPMENT CABINET ENCLOSED BY BLOCK WALL. THE PROJECT SITE /S LOCATED AT 24401 DARRIN DRIVE (LOT 51, TRACT NO. 42584) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Eric Stone and applicant, Nextel Communications -have filed an application for Conditional Use Permit No. 2000-04, Development Review No. 2000-10 and Categorical Exemption for a property located at 24401 Darrin Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Categorical Exemption shall be referred to as the "Application." 2. On February 13, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On January 31, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On January 29, 2001, public hearing notices were mailed to approximately 106 property owners of record within a 700 -foot radius of the project. On January 30, 2001, the project site was posted with a display board and the public notice was posted in three public places. 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 the project identified above in this Resolution is categorically exempt pursuant,to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(e). 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 contained in Section 753.5 (d) of Title 14 of t -he California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby (a) The project relates to an irregular shaped lot that slopes down to a canyon and then slopes upward to the northerly property boundary adjacent to the freeway. The project site is approximately 10.05 gross acres (approximately 6.87 net acres). A storm drain easement traverses the project site in a north -south direction taking access from Armitos Place and not within the area of the proposed telecommunication facility. The project site is currently developed with a single family residence approximately 1,400 square feet and a telecommunication facility with three monopoles and a telecommunications equipment cabinet approved by the Planning Commission for Pac Bell and Cox communications in 1998. The project site is bordered by the Pomona Freeway (SR 60) on the north, Armitos Place on the south, Golden Springs Drive on the west, Carpio Drive on the southwest and Darrin Drive on the southeast. (b) The General Plan land use designation for the project -site is Low Density Residential (RL -Maximum 3 DU/Acre). (c-) The zoning designation for the project site is Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000). (d) Generally, the following zones and uses surround the project site: to the north is the Pomona Freeway (SR 60); to the south is -the R-1-10,000 Zone; and to the west and East is the -R-1-10,000 and R-1-8,000 Zones. (e) The application request is to install two monopoles with two antennas each, and an equipment cabinet enclosed by a block wall on a proposed lease area of approximately 277 square feet.' The monopoles with the antennas will be 25 and 30 feet tall. - The antenna poles will be camouflaged painted to match the existing telecommunications facility.- The equipment cabinet is approximately 92 square feet and will hold receiving and distribution equipment. A block wall varying from 7 to 9.5 feet in height will enclose the cabinet. The wall will also be camouflaged painted to_pgtcb the wall of the exJLsting telecommunications facility. Chain -Link enc, -n Q approximately 7.5 feet tall will be atop and inside the wall. Chain-link access gates will be provided. The wall enclosure will also contain two air-conditioning units to service the equipment cabinet. The proposed project will also cause an extension of the existing steps and existing pathway (utilized by Pac Bell and Cox) to the equipment and a new gravel path from the proposed step extension to one of the proposed monopoles. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of a Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. Therefore, the review will include location, design, configuration and potential impacts to ensure that the proposed used will protect the pubic health, safety and welfare. Pursuant to the City's Development Code standards for telecommunication facilities, the proposed project does not meet the criteria for an Administrative Review or Minor Conditional Use Permit due to its location in a residential zone (R-1-10,000), design, concealment and architectural integration. As a result, the proposed project requires approval of a Conditional Use Permit by the Planning Commission. (g) The proposed use is consistent with the General Plan and any applicable specific The project site has a General Plan land use designation of Low Density Residential (RL -Maximum 3 DU/Acre). Objectives and Strategies of the General Plan encourage the establishment of new technology that are deemed environmentally safe and compatible with development. The proposed project is required to comply with Federal regulations regarding radio frequency emissions thereby considered environmentally safe. The proposed project is compatible with the General plan in that it will generate a minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. It will not create a new source of light and noise. It will not be visible from Armitos Place and will not block the view of the hillside north of the 60 Freeway. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the eX4 sz—'-g and future land uses in the vicinity; The project site is approximately 10.05 gross acres (approximately 6.87 net acres) and developed with a 1,400 square foot single-family home and existing telecommunications facility (approved by the Planning Commission in 1998) approximately the same size as the proposed facility. The proposed telecommunications facility will utilize approximately 277 square feet of the project site. Considering the size or the projectsite and the lot area required to install the proposed telecommunications facility, it is clear that the pro3ect site can acconmodate the proposed project. The proposed project will generate a minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. It will not create a new source of light and noise. The facility is required to comply with Federal regulations regarding radio frequency emissions. It will not be visible from Armitos Place and will,not block the view of the hillside north of the 60 Freeway. The project will be camouflaged painted to match the existing cell facility and additional landscaping will be added. It is anticipated that the existing vegetation will also assist in screening the proposed telecommunications facility. Therefore, it is unlikely that the proposed project will negatively impact the single-family residential neighborhood. Furthermore, the existing cell site operating for approximately two years does not appear to have negatively impacted the single-family residence. Therefore, the project's design, location, size and operational characteristics, as conditioned, will be compatible with the existing and future,Iand uses in the vicinity. (i) The subject site is 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; As referenced above in Item (h), the proposed project meets the required development standards for the R-1-10,000 zone. As such, it is compatible with adjoining land uses. Provisions for utilities exist at the project site. 0) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (i), the proposed project, as conditioned, will meet the City's minimum development standards. Traffic will be minimal. With the issuance of the appropriate permits and required compliance with Federal regulations regarding radio frequency emissions, it is expected that granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. Development Review (1) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); As referenced above in Items (f) through (i), the proposed project -is consistent with the City's Design Guidelines, development standards of the applicable district, and architectural criteria for special areas. Additionally, a specified architectural -criteria for the area does not exist. (m) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; As referenced in Items (f) through Q) above, it is expected that the design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (n) The architectura7-1 design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, --or any applicable specific As referenced in Items (g) and (h) above, the architectural design of the proposed deve lopment is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan. (o) 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 that will remain aesthetically appealing; As referenced above in Items (h), and (i), it is expected that 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 that will remain aesthetically appealing. (p) 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; As referenced in Items (h) through (k) above, the proposed project is not expected to 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. 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 a site plan, sections/elevations, and final landscape/irrigation plan, collectively labeled as Exhibit "A" dated February 13, 2001, as submitted, amended herein 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 11 01, done only by the property owner, applicant or by a duly permitted waste contractoxi 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/ irrigation plan for the City's' review and approval. Said plan shall: (1) Delineate the relocation site of the three 24 -inch box size trees that require relocation due to the proposed project's construction; said trees shall be relocated in a manner that will effectively screen the existing and proposed telecommunications facility; (2) All boxed trees shall be planted; (3) Additional 24 -inch box size trees and five gallon size shrubs shall be planted to effectively screen the proposed block wall equipment enclosure; said trees and shrubs shall be consistent with the existing on-site vegetation; and (4) Vegetation destroyed during construction shall be replaced with like vegetation. (d) Prior to final inspection, property owner/applicant shall remove all debris/trash that exists within the project site area. (e) Property owner/applicant shall remove the public hearing notice- board within three days of this project's approval. (f) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall. be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use -Permit. The Commission may revoke or modify the Conditional Use Permit. (g) Prior to the release of utilities, the application shall submit a study addressing the need to provide service to various areas of Diamond Bar which are currently considered dark and remedies thereof. (hj" Prior to the issuance of any City permits, the applicant shall submit retaining wall plans and calculations for the City's review and approval. -(-i) Prior to cons—_ruction, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project Q) All stairways leading to equipment shall have handrails and guardrails per Building Code requirements. (k) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, 1998 National Electrical Code and State Energy Code) requirements. (1) All cables shall be installed underground. (m) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "CH (n) 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 of time for this application may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (o) 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 and Development Services 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, school fees and fees for the review of submitted reports. (p) 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 Stone, 24401 Darrin Drive, Diamond Bar, CA and Nextel Communications, 310 Commerce, Irvine, CA 92602. APPROVED AND ADOPTED THIS 13TH,OF FEBRUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: "tan 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: V/C Zirbes, Ruzicka, Kuo, Tye, Chair Nelson NOES: None ABSENT: None e ATTEST: James De tefano, Secretary