HomeMy WebLinkAboutPC 2002-33G
1
PLANNING COMMISSION
RESOLUTION NO. 2002-33
A RESOL TION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMONE I BAR APPROVING CONDITIONAL USE PERMIT NO. 2002-
03, DEVELOPMENT REVIEW NO. 2002-12, AND CATEGORICAL
EXEMPTI N, A REQUEST TO INSTALL A WIRELESS
TELECOR MUNICATIONS FACILTY THAT INCLUDES TWO
MONOPO ES WITH TWO ANTENNAS ON EACH MONOPOLE AND
EQUIPMENT CABINETS ENCLOSED BY A BLOCK WALL WITH A
MAXIMU EXPOSED HEIGHT OF SEVEN FEET. THE PROJECT
SITE IS L CATED AT 24401 DARRIN DRIVE (LOT 51, TRACT NO.
42584) DI MOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owners, Eric and Robin Stone, and applicant, Verizon Wireless,
have filed an application for Conditional Use Permit No. 2002-03,
Development Review No. 2002-12 and Categorical Exemption for a property
locatedat 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 September 24, 2002, the Planning Commission of the City of Diamond
Bar conducted and concluded a duly noticed public hearing on the
A. -.-1.__a._-
3. On September 9, 2002, public hearing notices were mailed to approximately
168 property owners of record within a 700 -foot radius of the project. On
September 12, 2002, the project site was posted with a display board and
the pub[c notice was posted in three public places. Furthermore, on
September 13, 2002, notification of the public hearing for this project was
provided in the San Gabriel Valley „Tribune and Inland Valley Daily Bulletin
newspao rs.
B. RESOLUTION.
NOW, THERE
Commission of
1. This Plar
forth in tt
1E, it is found, determined and resolved by the Planning
City of Diamond Bar as follows:
ing Commission hereby specifically finds that all of the facts set
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 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 gross
acres (approximately 7 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 three
telecommunication facilities for Nextel, Sprint and Cingular approved
by the City.
(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 a wireless telecommunications
facility that incorporates two monopoles with two cellular phone
antennas on each pole and six equipment cabinets enclosed by a
seven foot high wall. The proposed telecommunication facility is
located in the same general area as the previously approved Nextel,
r&
1
print and Cingular. The proposed telecommunications facility will
ease a ground area of 336 square feet. No generator is proposed.
ne monopole is located within the enclosed equipment area. The
econd monopole is located east of the wall that encloses the existing
elecommunication facilities. The height of the monopoles with
ntennas will be 20 and 23 feet with the top of the antenna poles at
n elevation of 928 feet. The top of curb elevation of Armitos Place is
32.15. Therefore, the top of the proposed antenna poles will be
I cated 4.15 feet below Armitos Place. The equipment cabinets will
e located downslope and approximately 115 feet from the ultimate
r ght-of-way of Armitos Place. The antenna poles and block wall will
e camouflaged painted to match the existing on-site
t lecommunication facilities and surrounded by landscaping.
(g)iop
e proposed use is allowed within the subject zoning district with the
proval of a Conditional Use Permit complies with all other
plicable provisions of the Development Code and the Municipal
de;
e purpose of a Conditional Use Permit is to provide a process for
reviewing specified activities and uses identified in a zoning district
hose effect on the surrounding area cannot be determined before
b ing proposed for a particular location. Therefore, the review will
Jrclude location, design, configuration and potential impacts to ensure
that the proposed used will protect the pubic health, safety and
.. _u,__
rsuant to the City's Development Code standards for
?communication facilities, the proposed project does not meet the
eria for an Administrative Review or Minor Conditional Use Permit
to its location in a residential zone (R-1-10,000), design,
?cealment and architectural integration. Asa result, the proposed
ject requires approval of a Conditional Use Permit in the subject
ling district by the Planning Commission ensuring compliance with
other applicable provisions of the Development Code and the
rricipal Code
(h) T e proposed use is consistent with the General Plan and any
applicable specific plan;
project site has a General Plan land use designation of Low
;ity Residential (RL -Maximum 3 DU/Acre). Objectives and
`egies of the General Plan encourage the establishment of new
oology that are deemed environmentally safe and compatible with
3
development. At the staffs request, the applicant submitted a radio
frequency (RF) energy study for the proposed Verizon Wireless and
the existing three telecommunication facilities. The study was
prepared by Lawrence Behr Associates, Inc. and dated July 11, 2002.
According to the study, the proposed telecommunications facility will
increase the existing RFs by less than five percent. This increased
RF level along with the RF level of the three existing facilities will still
be in compliance with the Federal Communications Commission
(FCC) guidelines.
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.
{i} 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 (approximately 7 net
acres) and developed with a 1,400 square foot single-family home
and three telecommunication facilities approved by the Planning
Commission approximately the same size as the proposed facility.
The proposed telecommunications facility will utilize approximately
336 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 project 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 camouflage painted to match the
existing facilities and additional landscaping will be added. Therefore,
it is unlikely that the proposed project will negatively impact the single-
family residential neighborhood. Furthermore, the existing
telecommunications facilities operating for several 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.
4
G) he subject site is physically suitable for the type and density/intensity
f use being proposed including access, provision of utilities,
compatibility with adjoining land uses and the absence of physical
constraints;
referenced above in Item (i), the proposed project meets the
quired development standards for the R-1- 10, 000 zone. As such, it
compatible with adjoining land uses. Provisions for utilities exist at
o project site.
(k) ranting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
p 4rsons, property, or improvements in the vicinity and zoning district
ir which the property is located;
s referenced above in Items (g) through (i), the proposed project, as
c nditioned, will meet the City's minimum development standards.
affic will be minimal. With the issuance of the appropriate permits
aid required compliance with Federal regulations regarding radio
frequency emissions, it is expected that granting the Conditional Use
P rmit 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.
(I) T e proposed project has been reviewed in compliance with the
pr visions of the California Environmental Quality Act (CEQA);
suant to the provisions of the California Environmental QualityAct
'QA), Section 15303(e) and guidelines promulgated thereunder,
City has determined that this project is categorically exempt.
ent
(m) 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
sp cial areas, (e.g., theme areas, specific plans, community plans,
bo levards, or planned developments);
is
1
referenced above in Items (g), (h), (i) and (j), the proposed project
consistent with the City's Design Guidelines, development
ndards of the applicable district, and architectural criteria for
?cial areas. Additionally, a specified architectural criteria for the
a does not exist.
5
(n) 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 (i) and (k) 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.
(o) 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 (i) 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.
(p) 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 (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.
(q) 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 (i) and (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:
D
(a)
-he project shall substantially conform to a site plan,
ections/elevations, and final landscape/irrigation plan, collectively
abeled as Exhibit "A" dated September 24, 2002, as submitted,
emended herein and approved by the Planning Commission.
(b) he site shall be maintained in a condition which is free of debris both
wring and after the construction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris, and
Ouse, 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,
t ansportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
e the applicant's obligation to insure that the waste contractor utilized
as obtained permits from the City of Diamond Bar to provide such
(c) F
rior to the issuance of any City permits, the applicant/property owner
s
iall submit a revised landscape/irrigation plan for the City's review
and
approval delineating the following minimum requirements:
(
) Eight — 24 inch box Toyon trees;
()
Nine — 36 inch box California Pepper trees;
O
Vines adjacent to the block wall enclosure;
()
Six trees — 36 inch box and 15 gallon shrubs consistent with
existing vegetation in the area west and northwest and of the
proposed telecommunication facility between the fire station
and the proposed facility;
(5)
Six trees - 36 inch box and 15 gallon shrubs to effectively
screen the second monopole located east of the existing
telecommunications facilities;
(61
Expand the pad area closest to Armitos Place in order to
provide more landscaping; and
(7
Location and planting of the existing four boxed trees and
replace the dead boxed tree with same species and size.
(d) P
of
1
or to the issuance of any City permit, the applicant and property
ner shall submit an arborist report, prepared by a certified arborist
'he City's choosing, regarding the dead walnut tree. The arborist
ort shall be submitted with the revised landscape/irrigation plan for
City's review and approval. The replacement of the dead tree shall
nply with standards specified in Development Code Section 22.38
t the size of the replacement tree shall be 36 inch box size.
7
(e) The applicant shall install a cage -like structure over the equipment
enclosure to completely enclose the equipment in order to restrict
access.
(f) Prior to final inspection, property owner/applicant shall remove all
debris/trash that exists on the project site and surrounding area.
(g) Property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
(h) To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic 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.
(i) The applicant shall incorporate the appropriate Best Management
Practices (BMP's) for construction activities related to this project.
Additionally, the applicant shall comply with National Pollutant
Discharge Elimination System (NPDES) standards.
(j) Prior to the issuance of any City permits, the applicant shall submit
retaining wall plans and calculations for the City's review and
approval.
(k) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements
along the project perimeter.
{I) All stairways leading to equipment shall have handrails and guardrails
per Building Code requirements.
(m) 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.
(n) All cables shall be installed underground.
(o) Construction plans shall be engineered to meet wind loads of 80
M.P.H. with a "C" exposure.
(p) 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
,3
D
1
te. The Planning Commission will consider the extension request
a duly noticed public hearing in accordance with Chapter 22.72 of
City of Diamond Bar Development Code.
(q) his grant shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) have
fled, within fifteen (15) days of approval of this grant, at the City of
Diamond Bar Community and Development Services Department,
t ieir 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
t ie permittee pays remaining City processing fees, school fees and
fes for the review of submitted reports.
(r) I the Department of Fish and Game determines that Fish and Game
ode Section 711.4 applies to the approval of this project, then the
pplicant shall remit to the City, within five days of this grant's
pproval, a cashier's check of $25.00 for a documentary handling fee
ii i 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
a plicant shall also pay to the Department of Fish and Game any
s ch 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) F rthwith transmit a certified copy of this Resolution, by certified mail,
to: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA and
V rizon Wireless, 1550 S. Sand Canyon Avenue, Irvine, CA 92618.
PLANNING COMM
AN
Joe R
DVED AND ADOPTED THIS 24TH OF SEPTEMBER 2002, BY THE
ION OF THE CITY OF DIAMOND BAR.
e_.
rman
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 September 2002, by the following vote:
AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka
NOES: None
ABSENT: None
ABSTAIN: None
�1
ATTEST:
James De tefano, Secretary
10
I IPLANNING
COMMISSION
RESOLUTION NO. 2002-33
Ax JTION OF THE PLANNING COMMISSION OF THE CITY
OF BAR APPROVING CONDITIONAL USE PERMIT NO.
03, 2002LOPMENT REVIEW NO. 2002-12, AND
CATEGORICAL )N, A REQUEST TO INSTALL A
WIRELESS IMUNICATIONS FACILTY THAT INCLUDES
TWO -ES WITH TWO ANTENNAS ON EACH MONOPOLE
AND 'T CABINETS ENCLOSED BY A BLOCK WALL
WITH A EXPOSED HEIGHT OF SEVEN FEET. THE
SITE IS PROJECT )CATED AT 24401 DARRIN DRIVE (LOT 51,
42584)1 TRACT NO. =ND BAR, CALIFORNIA.
A. RECITALS.
The -rty owners Eric and Robin Stone, and applicant, Verizon
1 Wireless, 1 an application for Conditional Use Permit No. 2002-
03, ent Review No. 2002-12 and Categorical Exemption for a
located property 24401 Darrin Drive, Diamond Bar, Los Angeles County,
California. sr in this Resolution, the subject Conditional Use
Permit, ent Review, and Categorical Exemption shall be referred
2. On Bar 24, 2002, the Planning Commission of the City of Diamond
and concluded a duly noticed public hearing on the
3. On nber 9, 2002, public hearing notices were mailed to
168 approximately rty owners of record within a 700 -foot radius of
the project. On r 12, 2002, the project site was posted with a
the pu display board and notice was posted in three public places.
Furthermore, on r 13, 2002, notification of the public hearing for
provided this project was i the San Gabriel Valley Tribune and Inland
B. RESOLUTION.
NOW, THERE iE, it is found, determined and resolved by the Planning City of
Commission of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set forth in thll-- Recitals,
Part A, of this Resolution are true and correct.
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
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 gross
acres (approximately 7 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
three telecommunication facilities for Nextel, Sprint and Cingular
approved by the City.
(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-
110,000 Zone; and to the west and east is the R-1-10,000 and R-
18,000 Zones.
(e) The application request is to install a wireless telecommunications
facility that incorporates two monopoles with two cellular phone
antennas on each pole and six equipment cabinets enclosed by a
seven foot high wall. The proposed telecommunication facility is
located in the same general area as the previously approved
K
print and Cingular. The proposed telecommunications facility will
ease a ground area of 336 square feet. No generator is proposed.
ne monopole is located within the enclosed equipment area. The
econd monopole is located east of the wall that encloses the
existing elecommunication facilities. The height of the monopoles
with ntennas will be 20 and 23 feet with the top of the antenna poles
at n elevation of 928 feet. The top of curb elevation of Armitos Place
is 32.15. Therefore, the top of the proposed antenna poles will be
located 4.15 feet below Armitos Place. The equipment cabinets will
e located downslope and approximately 115 feet from the ultimate r
ght-of-way of Armitos Place. The antenna poles and block wall will e
camouflaged painted to match the existing on-site t
lecommunication facilities and surrounded by landscaping.
(g) he 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
e purpose of a Conditional Use Permit is to provide a process for
r viewing specified activities and uses identified in a zoning district
hose effect on the surrounding area cannot be determined before
b ing proposed for a particular location. Therefore, the review will
i clude location, design, configuration and potential impacts to
ensure that the proposed used will protect the pubic health, safety
and..
rsuant to the City's Development Code standards for
,communication facilities, the proposed project does not meet the
Ieria for an Administrative Review or Minor Conditional Use
Permit
to its location in a residential zone (R-1-10,000), design,
7cealment and architectural integration. As a result, the proposed
yect requires approval of a Conditional Use Permit in the subject
iing district by the Planning Commission ensuring compliance
with other applicable provisions of the Development Code and
(h) T -e proposed use is consistent with the General Plan and any applicable
specific plan;
project site has a General Plan land use designation of Low ;ity
Residential (RL -Maximum 3 DU/Acre). Objectives and 'egies of
the General Plan encourage the establishment of new, 7ology
that are deemed environmentally safe and compatible with
development. At the staffs request, the applicant submitted a radio
frequency (RF) energy study for the proposed Verizon Wireless and
the existing three telecommunication facilities. The study was
prepared by Lawrence BehrAssociates, Inc. and dated July 11,
2002. According to the study, the proposed telecommunications
facility will increase the existing RFs by less than five percent. This
increased RF level along with the RF level of the three existing
facilities will still be in compliance with the Federal Communications
Commission (FCC) guidelines.
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.
(i) 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 (approximately 7
net acres) and developed with a 1, 400 square foot single-family
home and three telecommunication facilities approved by the
Planning Commission approximately the same size as the proposed
facility. The proposed telecommunications facility will utilize
approximately 336 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 project 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 camouflage painted to match
the existing facilities and additional landscaping will be added.
Therefore, it is unlikely that the proposed project will negatively
impact the singlefamily residential neighborhood. Furthermore, the
existing telecommunications facilities operating for several 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.
12
(j) he subject site is physically suitable for the type and density/intensity f use
being proposed including access, provision of utilities, compatibility
with adjoining land uses and the absence of physical
> referenced above in Item (i), the proposed project meets the
quireddevelopment standards fortheR-1-10,000zone. As such,it
compatible with adjoining land uses. Provisions for utilities exist at
e project site.
(k) ranting the Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to
parsons, property, or improvements in the vicinity and zoning district i
which the property is located;
referenced above in Items (g) through (i), the proposed project,
as iditioned, will meet the City's minimum development
standards. ffic will be minimal. With the issuance of the
appropriate permits t required compliance with Federal
regulations regarding radio luency emissions, it is expected that
granting the Conditional Use mit will not be detrimental to the
public interest, health, safety, venience, or welfare, or injurious
to persons, property, or rovements in the vicinity and zoning
(1) T tie proposed project has been reviewed in compliance with the pr
visions of the California Environmental Quality Act (CEQA);
P rsuant to the provisions of the California Environmental QualityAct
( EQA), Section 15303(e) and guidelines promulgated thereunder,
th City has determined that this project is categorically exempt.
(m) Th design and layout of the proposed development are consistent wi h
the General Plan, City Design Guidelines, development st ndards of
the applicable district, and architectural criteria for sp cial areas,
(e.g., theme areas, specific plans, community plans, bo levards, or
planned developments);
above in Items (g), (h), (i) and U), the proposed
is 1 consistent project with
the City's Design Guidelines, development the
standards of applicable district, and architectural criteria for
spociat areas. Additionally, a specified architectural criteria for the
does not
61
(n) 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 (i) and (k) 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.
(o) 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
As referenced in Item (i) 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.
(p) 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 (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.
(q) 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 (i) and (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
Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
n.
(a) he project shall substantially conform to a site plan, ections/elevations,
and final landscape/irrigation plan, collectively abeled as Exhibit "A"
dated September 24, 2002, as submitted, mended herein and
approved by the Planning Commission.
(b) he site shall be maintained in a condition which is free of debris both
uring and after the construction, addition, or implementation of the
ntitlement granted herein. The removal of all trash, debris, and fuse,
whether during or subsequent to construction shall be done my by
the property owner, applicant or by a duly permitted waste
ontractor, who has been authorized by the City to provide collection,
t ansportation, and disposal of solid waste from residential,
ommercial, construction, and industrial areas within the City. It shall
e the applicant's obligation to insure that the waste contractor
utilized as obtained permits from the City of Diamond Bar to provide
(c) rior to the issuance of any City permits, the applicant/property owner s
all submit a revised landscape/irrigation plan for the City's review
aid approval delineating the following minimum requirements:
it - 24 inch box Toyon trees;
e - 36 inch box California Pepper trees; ( ) Vines adjacent to the block wall enclosure;
(4) Six trees - 36 inch box and 15 gallon shrubs consistent with
existing vegetation in the area west and northwest and of the
proposed telecommunication facility between the fire station
and the proposed facility;
(5 Six trees - 36 inch box and 15 gallon shrubs to effectively screen
the second monopole located east of the existing
telecommunications facilities;
and the pad area closest to Armitos Place in order to provide more landscaping; and
ation and planting of the existing four boxed trees and replace the dead boxed tree with same
(d or to the issuance of any City permit, the applicant and property
ner shall submit an arborist report, prepared by a certified
° arborist he City's choosing, regarding the dead walnut tree. The
arborist ort shall be submitted with the revised
landscape/irrigation plan for City's review and approval. The
replacement of the dead tree shall nply with standards specified
in Development Code Section 22.38 1 the size of the
7
(e) The applicant shall install a cage -like structure over the equipment
enclosure to completely enclose the equipment in order to restrict
access.
(f) Prior to final inspection, property owner/applicant shall remove all debris/trash
that exists on the project site and surrounding area.
(g) Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
(h) To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic
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.
(i) The applicant shall incorporate the appropriate Best Management
Practices (BMP's) for construction activities related to this project.
Additionally, the applicant shall comply with National Pollutant
Discharge Elimination System (NPDES) standards.
(j) Prior to the issuance of any City permits, the applicant shall submit
retaining wall plans and calculations for the City's review and
approval.
(k) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements
along the project perimeter.
(1) All stairways leading to equipment shall have handrails and guardrails per
Building Code requirements.
(m) 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.
(n) All cables shall be installed underground.
(o) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a
"C" exposure.
(p) 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
ate. The Planning Commission will consider the extension request t a
duly noticed public hearing in accordance with Chapter 22.72 of he
City of Diamond Bar Development Code.
(q) his grant shall not be effective for any purpose until the permittee nd
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, t
eir 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
t e permittee pays remaining City processing fees, school fees and f
es for the review of submitted reports.
(r) I 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 i connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing fee imposed
because the p oject has more than a deminimis impact on fish and
wildlife, the a plicant shall also pay to the Department of Fish and
Game any s ch fee and any fine which the Department determines
The Planning Com ission shall:
a) C rtify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
t-_11,��. Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar,
CA and V-rizon Wireless, 1550 S. Sand Canyon Avenue, Irvine, CA
APP OVED AND ADOPTED THIS 24TH OF SEPTEMBER 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
An
Jo
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 September 2002, by the following vote:
AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: James De tefano, Secretary