Loading...
HomeMy WebLinkAboutPC 2001-27A. B. I PLANNING COMMISSION RESOLUTION NO. 2001-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-10(2), DEVELOPMENT REVIEW NO. 96-09(2), AND CATEGORICAL EXEMPTION, A REQUEST TO RENEW A PLANNING COMMISSION GRANT FOR AN EXISTING AND OPERATIONAL TELECOM-MUNICATIONS FACILITY AND TO CONTINUE THE GRANT FOR FIVE YEARS, THEREBY EXPIRING AUGUST 25, 2006. THE PROJECT SITE IS LOCATED AT 24401 DARRIN DRIVE (LOT 51, TRACT NO. 42584) DIAMOND BAR, CALIFORNIA. RECITALS. 1. The property owner, Eric Stone and applicants, Cox PC Assets LLC/Cingular Wireless have filed an application for Conditional Use Permit No. 96-10(2), Development Review No. 96-09(2) 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 July 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On July 10, 2001, public hearing notices were mailed to approximately 148 property owners of record within a 700 -foot radius of the project. On July 12, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; the project site was posted with a display board; and the public notice was posted in three public places. 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 adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 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 gross 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 existing telecommunication facility. The project site is currently developed with a single family residence approximately 1,400 square feet and the applicant's existing and operational telecommunication facility with three monopoles and an equipment cabinet approved by the Planning Commission in 1998 and expiring on August 25, 2001. 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). 0 (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 renew the Planning Commission grant (Conditional Use Permit No. 96-10(1)/Development Review No. 96-09(1) approved for three -years on August 25,1998, thereby expiring August 25, 2001. Additionally, the request includes granting the Conditional Use Permit in perpetuity (so that it runs with the land). This application request does not modify the existing and operational unmanned wireless telecommunications facility in anyway. 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 existing and operational unmanned wireless telecommunications facility was reviewed and approved through a Conditional Use Permit process for three years by the Planning Commission on August 25, 1998. The purpose of the Conditional Use Permit is to provide r _.0,4,1'11=P ;V11 a 7r4.�, lyre MR. 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. The Commission at that time determined that the telecommunications facility was �.y appropriate for the project site as conditioned. The facility was installed pursuant to Planning Commission Resolution No. 98--18 and all conditions of approval therein. This application request does not modify the existing telecommunications facility in anyway. The unmanned wireless telecommunications facility is currently operational and has been constructed with the appropriate permits. Since it has been energized, there have not been any comments from the surrounding residences. The facility is not visible from Armitos Place due to its location and the maturing of the existing and required landscaping. As a result, project impacts could be considered minimal. Pursuant -to the City's Development Code standards for telecommunication facilities, the existing facility is permitted in this residential zones but with the approval of a Conditional Use Permit. Staff believes it is appropriate to grant this Conditional Use Permit and Development Review in perpetuity. (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 r (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 4i s. development The existing project is required to comply with Federal regulations regarding radio frequency emissions, thereby considered environmentally safe. With this application to renew the existing Conditional Use Permit and Development Review, the applicant submitted a RF emissions report dated April 10, 2001, and attested by a licensed engineer. The report concluded -that the unmanned wireless telecommunications facility located at 24401 Darrin Drive complies with the FCC guidelines limiting public exposure to radio frequency energy, therefore, does not for this reason cause a significant impact on the environment. The existing telecommunications facility is compatible with the General Plan in that it will only generate a very minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. !t 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 existing and future land uses in the vicinity; The project site is approximately 10 gross acres and developed with a 1,400 square foot single-family home and the existing telecommunications facility approved by the Planning Commission August 25, 1998. The existing telecommunications facility utilizes r approximately 300 square feet of the project site, Considering the size of the project site and the lot area utilize by the existing telecommunications facility, it is clear that the project _LL site can continue to accommodate the facility. The telecommunications facifrty will continue to generate a minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. it does not create a new source of light and noise. The facility complies � ll with FCC regulations regarding radio frequency emissions as discussed in Item (g) above. It will not be visible from Armitos Place and will not block the view of the hillside north of the 60 Freeway. The facility is camouflaged painted and additional landscaping which has matured blocks the view of the facility from Armitos Place. The existing vegetation also assists in screening the telecommunications facility. Therefore, it is unlikely that the facility has negatively impacted the single-family residential neighbor -hood. Furthermore, the facility has been operating for a total of four years and does not appear to have negatively impacted the single-family residence. Therefore, the project's design, location, size and operational characteristics, as conditioned, is 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 existing telecommunications facility still 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. Q) 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;Li As referenced above in items (fj through (I), the existing telecommunications facility has met and still meets the City's minimum development standards. Traffic is minimal. As discussed in Item (h) above, the existing telecommunications facility meets the FCC requirements regarding radio frequency emissions safety and has been installed with the appropriate City permits. Therefore, 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 (I) 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 y 4 i criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); - - As referenced above in Items (f), (g), (h),and (i), the existing telecommunications facility is consistent with the City's Design Guidelines, development standards of the applicable district, and architectural criteria for special areas. Additionally, a specified architectural criterion 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) and (k) above, the design and layout of the existing telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and does 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 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 Item (h) above, the architectural design of the existing telecom-munications facilitate is compatible with the characteristics of the surrounding neighborhood and maintains and enhances 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 Item (h), the design of the existing telecommunications facility provides a desirable environment for a occupants of surrounding residences 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 (j) and (k) above, the telecommunications facility is not 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 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: ;P (a) The project shall substantially conform to a site plan, sections/elevations, and landscape/irrigation plan, collectively labeled as Exhibit "A" dated July 24, 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 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) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with all Federal, state and City regulations. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use ! ;a Permit. The Commission may revoke or modify the Conditional Use Permit. (f) This grant is valid for five years, thereby expiring on August 25, 2006. No further extension shall be granted unless the applicants submit an application for a grant renewal no less than 60 days prior to the expiration date. The Planning Commission shall consider the grant renewal request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. Additionally, prior to the grant's expiration, the Commission may review the status of the telecommunications facility. (g) In order to guarantee the continuing health and maintenance of the required landscaping the $24,000 performance bond, which was required as part of Planning Commission Resolution No. 98-18 approval, shall remain in full force and effect. (h) The $10,000 bond which was required as part of Planning Commission Resolution No. 98-18 for the purpose of guaranteeing the removal of the facility and restoration of the site to a condition acceptable by the Deputy City Manager shall remain in full force and effect. (i) 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 �.r t,L ,a�Pa m I E�44Tt _ 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. Q) 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. L__ , 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 Sandy Stone, 24401 Darrin Drive, Diamond Bar, CA and Cox PC Assets LLC/ Cingular Wireless, 4683 Charbot Drive,. #100, Pleasanton, CA 94588 APPROVED AND ADOPTED THIS 24TH OF JULY 2001, BY THE PLANNING COMMISSION OF THE -CITY OF DIAMOND BAR. Bob Zirbes, 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 24th day of July 2001, by the following vote: AYES: Ruzicka, Tye,, Kuo, Nelson, Zirbes NOES: None ABSENT: None ABSTAIN: None ATTEST: PameskDeStefF.nVo,ecetary 7 PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-10(2), DEVELOPMENT REVIEW NO. 96-09(2), AND CATEGORICAL EXEMPTION, A REQUEST TO RENEW A PLANNING COMMISSION GRANT FOR AN EXISTING AND OPERATIONAL TELECOM -MUNICATIONS FACILITY AND TO CONTINUE THE GRANT FOR FIVE YEARS, THEREBY A. RECITALS. 1 The property owner, Eric Stone and applicants, Cox PC Assets LLC/Cingular Wireless have filed an application for Conditional Use Permit No. 96-10(2), Development Review No. 96-09(2) 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 2. On July 24, 2001, the Planning Commission of the City of Diamond Bar conducted a 3. On July 10, 2001, public hearing notices were mailed to approximately 148 property owners of record within a 700 -foot radius of the project. On July 12, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; the project site was posted with a display board; and the public notice was posted in three public B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning 1 This Planning Commission hereby specifically finds that all of the facts set forth in 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California 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 ---77'717gr7=,---1T ,, -- --T- - -T 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 Based on the findings and conclusion 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 gross acres. A storm drain easement traverses the project site in a northsouth direction taking access from Armitos Place and not within the area of the existing telecommunication facility. The project site is currently developed with a single family residence approximately 1,400 square feet and the applicant's existing and operational telecommunication facility with three monopoles and an equipment cabinet approved by the Planning Commission in 1998 and expiring on August 25, 2001. The project site is (b) The General Plan land use designation for the project site is Low Density (c) The zoning designation for the project site is Single Family Residence - (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 renew the Planning Commission grant (Conditional Use Permit No. 96-10(1)/Development Review No. 96-09(I) approved for three -years on August 25,1998, thereby expiring August 25, 2001. Additionally, the request includes granting the Conditional Use Permit in perpetuity (so that it runs with the land). This application request does not modify the existing and operational unmanned wireless CONDITIONAL USE (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 existing and operational unmanned wireless telecommunications facility was reviewed and approved through a Conditional Use Permit process for three years by the Planning Commission on August 25, 1998. The purpose of the Conditional Use Permit is to provide 2 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. The Commission at that time determined that the telecommunications facility was appropriate for the project The unmanned wireless telecommunications facility is currently operational and has been constructed with the appropriate permits. Since it has been energized, there have not been any comments from the surrounding residences. The Pursuant -to the City's Development Code standards for telecommunication facilities, the existing facility is permitted in this residential zones but with the approval of a Conditional (g) The proposed use is consistent with the General Plan and any The project site has a General Plan land use designation of Low Density Residential (RL -Maximum 3 DUlAcre). Objectives and Strategies of the General Plan encourage the establishment of new technology that are deemed environmentally safe and compatible with development. The existing project is required to comply with Federal regulations regarding radio frequency emissions, thereby considered environmentally safe. With this application to renew the existing Conditional Use Permit and Development Review, the applicant submitted a RF emissions report dated April 10, 2001, and attested by a licensed engineer. The report concludedthat the unmanned wireless telecommunications facility located at 24401 Darrin Drive complies with the FCC guidelines limiting public exposure to radio frequency energy, (h) The design, location, size and operation characteristics of the The project site is approximately 10 gross acres and developed with a 1,400 square foot single-family home and the existing telecommunications facility approved by the Planning Commission August 25, 1998, The existing telecommunications facility utilizes approximately 300 square to generate a minimal amount of additional traffic to the neighborhood by infrequent maintenance visits. It does not create a new source of light and noise. The facility complies with FCC regulations regarding radio frequency emissions as discussed in Item (g) above. It will not be visible from Armitos Place and will not block the view of the hillside north of the 60 Freeway, The facility is camouflaged painted and additional landscaping which has matured blocks the view of the facility from Armitos Place. The existing vegetation also assists in screening the telecommunications facility. Therefore, it is unlikely that the facility has negatively impacted the single - (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, As referenced above in Item (h), the existing telecommunications facility still 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. As referenced above in Items (0 through Q, the existing telecommunications facility has met and still meets, the City's minimum development standards. Traffic is minimal. As discussed in Item (h) above, the existing telecommunications facility meets the FCC requirements regarding radio frequency emissions safety and has been installed with the appropriate (k) The proposed project has been reviewed in compliance with the Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e) and guidelines DEVELOPMENT REVIEW (1) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of 4 criteria for special areas, (e.g. theme areas, specific plans, As referenced abo -ve in Items (f), (J), (h),and (i), the existing telecommunications facility is consistent with the City's Design Guidelines, development standards of the applicable The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or As referenced in Items (f) and (k) above, the design and layout of the existing telecommunications facility does not interfere (n) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, As referenced in Item (h) above, the architectural design of the existing telecom-munications facilitate is compatible with the characteristics of the surrounding neighborhood and maintains and enhances the harmonious, orderly and (o) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its As referenced above -in Item (h), the design of the existing telecommunications facility provides a desirable environment for a occupants of surrounding residences and visiting public (p) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious- (e.g., negative As referenced in Items 6) and (k) above, the telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g., negative 5 Based on the findings and conclusions set forth above, the Planning (a) The project shall substantially conform to a site plan, sections/elevations, and landscape/irrigation plan, collectively (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, debrris, 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 (c) Property owner/applicant shall remove the public hearing notice board (d) Applicant shall comply with all Federal, state and City (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning (f) This grant is valid for five years, thereby expiring on August 25, 2006. No further extension shall be granted unless the applicants submit an application for a grant renewal no less than 60 days prior to the expiration date. The Planning Commission shall consider the grant renewal request at a duly noticed public hearing in accordance,with (g) In order to guarantee the continuing health and maintenance of the required landscaping the $24,000 performance bond, which was (h) The $10,000 bond which was required as part of Planning Commission Resolution No. 98-18 for the purpose of guaranteeing the removal of the facility and restoration of the site to a condition acceptable (i) 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 Vi"A 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 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 The Planning (a) Certify to the adoption of this (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Eric and Sandy Stone, 24401 Darrin Drive, Diamond Bar, CA APPROVED AND ADOPTED THIS 24TH OF JULY 2001, BY THE PLANNING BY: Bob Zirbes, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning AYES: Ruzicka, Tye, , Kuo, Nelson, NOES: None ABSENT: None ABSTAIN: None ATTEST: ames DeStefLno, Secretary IN