HomeMy WebLinkAboutPC 2002-37PLANNING COMMISSION
RESOLUTION NO. 2002-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2002-07,
VARIANCE NO. 2002-02, DEVELOPMENT REVIEW NO. 2002-18 AND
NEGATIVE DECLARATION NO. 2002-04, A REQUEST TO INSTALL AN
UNMANNED WIRELESS TELECOMMUNICATION FACILITY WITH
ANTENNAS MOUNTED WITHIN A MONOCYPRESS 40 FEET TALL AND
EQUIPMENT CABINETS SCREENED BY A SIX FOOT HIGH WALL. THE
PROJECT SITE IS LOCATED AT ST. DENIS ROMAN CATHOLIC CHURCH,
2151 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, the Roman Catholic Abp, applicant, Cingular Wireless, and
applicant's agent, The Consulting Group, have filed an application for Conditional
Use Permit No. 2002-07, Variance No. 2002-02, Development Review
No. 2002-18, and Negative Declaration No. 2002-04, for a property located at
2151 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Conditional Use Permit, Variance,
Development Review, and Negative Declaration shall be referred to as the
"Application".
2. On September 13, 2002, public hearing notices were mailed to approximately 433
property owners of record within a 700 -foot radius of the project. On
September 17, 2002, notification of the public hearing for this project was provided
in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
Furthermore, the project site was posted with a display board in three public
places.
3. On October 8, 2001, the ' Planning Commission of the City of Diamond Bar,
conducted a duly noticed public hearing on the Application.
4. On October 8, 2002, the Planning Commission received staffs report, opened the
public hearing, received testimony and continued the public hearing to October 22,
2002, in order to allow the applicant time to submit additional information.
5. On October 22, 2002, the Planning Commission concluded the public hearing.
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. 1
2. The Planning Commission hereby.finds that the Initial Study review and Negative
Declaration No. 2002-04 have been prepared by the City of Diamond Bar in
compliance with the requirement of the California Environmental Quality Act
(CEQA) and guidelines promulgated thereunder, pursuant to Section 15070(e).
Negative Declaration No. 200204 has been prepared. The Negative Declaration's
review began September 17, 2002, and ended October 6, 2002. Furthermore,
Negative Declaration No. 2002-04 reflects the independent judgment of the City of
Diamond Bar.
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 a rectangular shaped hillside lot, sloping up from
Diamond Bar Boulevard and approximately 6.75 acres. It is developed with
a church facility identified as St. Denis Roman Catholic Church. Permits
indicate that construction for the church facility (hall/temporary church)
probably began in early 1970s and was completed in the late 1980s.
(b) The General Plan land use designation for the project site is Medium High
Density Residential (RMH-max 16 du/acre).
(c) The zoning designation for the project site is Multiple Residential -Maximum
Lot Size 8,000 Square Feet -1 Unit (R-3-8,0[071 U).
(d) Generally, the following zones surround the project site: to the north is the
Single Family Residential- Minimum Lot Size 8,000 Square Feet
(R-1-8,000) and Single Family Residential -Minimum Lot Size 10,000
Square Feet (R-1-10,000) Zones; to the south is the Multiple Residential -
Maximum Lot Size 8,000 Square Feet -30 Unit (R -3-8,000-30U) Zone; to the
east is the R-1-10,000 Zone; and to the west is the R -3-8,000-15U Zone.
(e) The application request is to install a telecommunications facility consisting
of the following equipment: two quadpolar antennas concealed within a
monocypress that will be approximately 40 feet tall; four equipment
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cabinets; and a six foot tali wall enclosure. Each antenna will be five feet
tall by six inches wide by two inches. The equipment cabinets will be
hidden behind an existing wall that is four feet tall. However, it is possible
that the wall height will increase by two feet to screen the equipment
cabinets completely. Therefore, the total height of the wall may be six feet.
If it is not possible to add height to the existing wall, a new wall will be
constructed at six feet. The six-foot height will occur at the northeast side
of the wall and at the portion of the wall adjacent to Diamond Bar Boulevard
for 10 lineal feet.
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 the 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. The proposed unmanned wireless
telecommunications facility is permitted in the R -3-8,000-1U Zone with a
Conditional Use Permit and as amended herein will comply with all other
applicable provisions of the Development Code and the Municipal Code.
(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 Medium High
Density Residential (RMH-max 16 du/acre). Objectives and Strategies of
the General Plan encourage the establishment of new technology that is
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
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 recognizable from Diamond Bar
Boulevard because the two quadpolar antennas will be concealed within a
monocypress that will be approximately 40 feet tall and the four equipment
cabinets will be concealed behind an existing wall. The monocypress will
blend in with the existing pine and cypress tress that are almost or could
mature to 40 feet. The installation of antenna sectors and transmission
equipment will not result in significant material changes to the character of
the project site. As a result, the proposed telecommunication facility's
visibility will have a less than significant impact as proposed.
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(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 a rectangular shaped hillside lot, sloping up from
Diamond Bar Boulevard and approximately B. 75 acres. Itis developed with
a church facility identified as St Dents Roman Catholic Church. Permits
indicate that construction for the church facility (halll%mporary church)
probably began in early 1970s and was completed in the late 1980s. The
two quadpolarantennas will be concealed within a monocypress that will be
approximately 40 feet tall and the four equipment cabinets will be.
concealed behind and existing wall. The monocypress will blend in with the
existing pine and cypress tress that are almost or could mature to 40 feet
The installat%n of antenna sectors and transmission equipment will not
result in significant material changes to the character of the project site. It
will not be recognizable from Diamond Bar, As a result, the proposed
,will
facility's visibility will have a less than significant impact
as proposed. The telecommunication facility will 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 will
comply with all FCC regulations. Therefore, it is unlikely that the facility will
have a negative impact on the single-family residential neighborhood
adjacent to the pruiect site. Therefore, the project's design, location, size
and operational characteristics, as conditioned, are compatible with the
existing and future land uses in the vicinity.
(1) 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 telecommunications facility
still meets the required development standards for the R-3-8, 000.1 U zone
except for height which a Variance application Is being processed..
Provkions 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;
As referenced above in Items (f) through (i), the proposed
telecommunications facility with the Variance approval and as amended
here In will meet 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,
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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
(CEOA), Section 15070(e) and guidelines promulgated thereunder,
Negative Declaration No. 2002-04 has been prepared.
Variance
(1) There are special circumstances applicable to the property (e.g., location,
shape, size, surroundings, topography, or other conditions), so that the
strict application of the City's Development Code denies the property owner
privileges enjoyed by other property owners in the vicinity and under
identical zoning districts or creates an unnecessary and non -self created,
hardship or unreasonable regulation which makes it obviously impractical to
require compliance with the development standards;
wireless telecommunications is accomplished bylinldng a wireless network
of radio wave transmitting devices such as portable and carphones to the
conventional telephone system through series of short-range, contiguous
cells. Similar to a honeycomb pattern, a cellular system is composed of
many neighboring and inter -connecting "cell site" or geographical areas.
Each cell site within the system contains transmitting and receiving
antennas that require an approphate%lear line of sight. In order to have a
clear line of sight, antennas must be mounted high enough to overcome
challenges proposed by local topography and development. The required
height is usually proportional to a combination of distance antennas can
cover and the demand for the PCS service within their sphere of influence.
The applicant proposes to install a monocypress at a height of 40 feet that
will house two antennas at the northeast portion of the project site adjacent
to Diamond Bar Boulevard. According to the applicant, due to the hillside
topography, existing structures and dense trees surrounding the project
site, the height of the proposed monocypress is necessary in order to
obtain an appropriate%learline of site fortransmitting and receiving signals.
The installation of antenna sectors and transmission equipment will not
result in significant material changes to the character of the project site. As
a result, the proposed telecommunication facility's visibility will have a less
than significant impact as proposed. Furthermore, the church building
exceeds the maximum allowable height of 35 feet, which was permitted by
Variance No. 87-320 processed by Los Angeles County. The church
building's rooHine is at a 40 -foot height and the tower is 49 feet tall.
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Although the proposed monocypress is taller than the permitted height of
structures in the R-3-8, 000- f U Zone, the monocypress will blend in with the
existing pine and cypress tress that are almost or could mature to 40 feet.
(m) Granting the Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same
vicinity and zoning districts and denied to the property owner for which the
Variance is sought;
Granting of the Variance allows the proposed telecommunications facility to
address the demand of the local network in order to provide seamless
service to the increasing number of subscribers. This wireless
telecommunications systems will be an invaluable communications tool in
the event of emergencies and natural disasters where normal land line
communications are often disrupted or Inaccessible during and after an
event has occurred. Such facilities are a valuable tool in business
communication and everyday personal use. Additionally, within the City of
Diamond Bar there are other such facliities located within a residential
zone.
(n) Granting the Variance is consistent with the General Plan and. any.
applicable specific plan; and
As referenced in Item (g) above, granting the Variance is consistent with
the General Plan. There Is no applicable specific plan for this area.
(o) The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
The proposed telecommunications facility will comply with all FCC
requirements and Building and Safety Division and Public Works Division
requirements. As a result, the proposed telecommunications facility will not
be detrimental to the public interest, health, safety, convenience, or welfare
Of the City.
Development Review
(p) 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
ureas, specific plans, community plans, boulevards, or planned
developments);
As referenced above in Items (g), (h), (i) and (j), the existing
telecommunications facility as amended herein and with the Variance
approval is consistent with the City's Design Guidelines, development
standards of the applicable district, and architectural criteria for special
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areas. Additionally, a specified architectural criterion for the area does not
exist.
(q) 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 (h) above, the design and layout of the proposed
telecommunications facility does not interfere with the use and enjoyment of
neighboring existing or future development, and does not create traffic or
pedestrian hazards.
(r) 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 proposed
telecommunications facilitate with the Variance approval will be 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.
(s) 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) and (1), 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.
(t) 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), (1) and (o)) above, the telecommunications
facilrlty 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.
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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 landscape/irrigation plan, collectively labeled as Exhibit W dated
October 8, 2002, 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 Permit. The Commission may
revoke or modify the Conditional Use Permit.
(f) Prior to the issuance of any City permits, the applicant shall submit a
revised landscape/irrigation plan delineating the additional five -gallon
shrubs to be planted between the existing cypress trees and pine trees to
assist in screening the wall. Additionally, said plans shall delineate the
replacement of landscaping destroyed during the installation of the
monocypress. Replacement landscaping shall match existing on-site plant
material. All landscapingrrdgation shall be installed prior to final inspection.
(g) The monocypress shall not exceed a height of 40 feet.
(h) Prior to the issuance of any City permits, the applicant shall submit
documentation that the electromagnetic fields (EMFs) from the proposed
wireless telecommunications antenna facility will be within the limit
approved by the FCC for the City's review and approval.
(i) Prior to the issuance of any City permits, the applicant shall submit licenses
and approvals to provide wireless telecommunications services to the City.
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(j) If any work shall occur in the public right-of-way, the applicant shall submit
plans for review and approval and obtain an encroachment permit.
(k) Prior to the issuance of any City permits, the applicant shall submit a detail
delineating the wall construction, height and material utilized for the City's
review and approval. Said wall shall not exceed a height of six feet.
(1) All plans shall conform to State and local building codes (i.e., 2001 edition
of the California Uniform Building Code, Plumbing Code, Mechanical Code
and 2001 edition of the National Electrical Code) as well as the State
Energy Code.
(m) Proposed monocypress shall be engineered to meet wind loads of
80 m.p.h. with an exposure of "C."
(n) 'All cables shall be installed underground.
(o) The maximum number of telecommunication facilities permitted at the
project site shall be one.
(p) 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.
(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.
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:
Roman Catholic Church Abp, 3424 Wilshire Boulevard, Los Angeles, CA
90010, Cingular Wireless, 2521 Michelle Drive, Tustin, CA 92780, and The
Consulting Group, 5440 Trabuco Road, Irvine, CA 92620.
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APPROVED AND ADOPTED THIS 22ND OF OCTOBER 2002, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe Ruz' hairman
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 22nd day of October
2002, by the following vote:
AYES: Nelson, Nolan, Tanaka, V/C Tye, C/Ruzicka
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: 0 -�p
JeAes DeSt fano, Secretary
H
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PLANNING COMMISSION RESOLUTION NO. 2002-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.
2002-07, VARIANCE NO. 2002-02, DEVELOPMENT REVIEW NO.
2002-18 AND NEGATIVE DECLARATION NO. 2002-041 A
REQUEST TO INSTALL AN UNMANNED WIRELESS
TELECOMMUNICATION FACILITY WITH ANTENNAS MOUNTED
WITHIN A MONOCYPRESS 40 FEET TALL AND EQUIPMENT
CABINETS SCREENED BY A SIX FOOT HIGH WALL. THE
PROJECT SITE IS LOCATED AT ST. DENIS ROMAN CATHOLIC
S
A. RECITALS
1. The property owner, the Roman Catholic Abp, applicant, Cingular
Wireless, and applicant's agent, The Consulting Group, have filed an
application for Conditional Use Permit No. 2002-07, Variance No. 2002-
02, Development Review No. 2002-18, and Negative Declaration No.
2002-04, for a property located at 2151 Diamond Bar Boulevard,
Hereinafter in this Resolution, the subject Conditional Use Permit,
Variance, Development Review, and Negative Declaration shall be
referred to as the "Application".
2. On September 13, 2002, public hearing notices were mailed to
approximately 433 property owners of record within a 700 -foot
radius of the project. On September 17, 2002, notification of the
public hearing for this project was provided in the San Gabriel Valle
Tribune and Inland Valley Daity Bulletin newspapers. Furthermore,
the project site was posted with a display board in three public
3. On October 8, 2001, the 'Planning Commission of the City of Diamond Bar,
conducted a duly noticed public hearing on the Application.
4. On October 8, 2002, the Planning Commission received stafPs report,
opened the public hearing, received testimony and continued the
public hearing to October 22, 2002, in order to allow the applicant time
5. On October 22, 2002, the Planning Commission concluded the public
3. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
:ommission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts s
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the Initial Study review and
Negative Declaration No. 2002-04 have been prepared by the City of
Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CEQA) and guidelines promulgated
thereunder, pursuant to Section 15070(e). Negative Declaration No.
2002.04 has been prepared. The Negative Declaration's review began
September 17, 2002, and ended October 6, 2002: Furthermore,
Negative Declaration No. 2002-04 reflects the independent judgrwnt
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 wiid life resources or the habitat upon which
the wildlife depends. ' Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of adverse
4. Based on the findings and conclusions set forth herein, this Plannin
Commission hereby finds as follows -:
(a) The project relates to a rectangular shaped hillside lot, sloping
up from Diamond Bar Boulevard and approximately 6.75 acres.
It is developed with a church facility identified as St. Denis
Roman Catholic Church. Permits indicate that construction for
the church facility (hall/temporary church) probably began In
(b) The General Plan land use designation for the project site is
Medium High Density Residential (RMH-max 16 du/acre).
(c) The zoning designation for the project site is Muftiple Residential -
Maximum Lot Size 8,000 Square Feet -1 Unit (R-3-8,000-1 U).
(d) Generally, the following zones surround the project site: to the north is
the Single Family Residential- Minimum Lot Size 8,000 Square Feet (R
1-8,000) and Single Family Residential -Minimum Lot Size 10,000
Square Feet (R-1-10,000) Zones; to the south is the Mumple
Residential Maximum Lot Size 8,000 Square Feet -30 Unit (R-3-8,000
30U) Zone; to the
east is the R-1-10,000 Zone; and to the west is the R -3-8,000-15U Zone. ® (e) The
application request is to install a telecommunications facility consistin •.g
of the following equipment: two quadpolar antennas concealed within a
monocypress that will be approximately 40 feet tall; four equipment 2
abinets; and a six foot tall wall enclosure. Each antenna will be five feet
tall by six inches wide by two inches. The equipment cabinets
will be hidden behind an existing wall that is four feet tall.
However, it is possible that the wall height will increase by two
feet to screen the equipment cabinets completely. Therefore,
the total height of the wall may be six feet. If it is not possible
to add height to the existing wall, a new wall will be
constructed at six feet. The six-foot height will occur at the
northeast side of the wall and at the portion of the wall
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
The purpose of the Conditional Use Pennit is to provide a
process for reviewing specified activities and uses identihed
in a zoning district whose effect on the surrounding area cannot
be determined before being proposed for a particular location.
The proposed unmanned wireless telecommunications facility is
permitted in the R-3-8,000-1 U Zone with a Conditional Use
applicable provisions of the Development Code and the
Municipal Code. (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
Medium High Density Residential (RMH-max 16 du/acre).
Objectives and Strategies of the General Plan encourage the
establishment of new technology that is 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.
T77e 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. It will not create a new source of light and
noise. It will not be recognizable from Diamond Bar Boulevard
because the two quadpolar antennas will be concealed within a
monocypress that will be approximately 40 feet tall and the
four equipment cabinets will be concealed behind an existing
wall. The monocypress will blend in with the existing pine and
cypress tress that are almost or could matwre to 40 feet. The
installation of antenna sectors and transmission equipment will
3
(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 a rectangular shaped hillside lot, sloping up fron
Diamond Bar Boulevard and approximately 8.75 acres. It is developer
with a church facility Identified as St. Dents Roman Catholic Church
Pennits indicate that construction for the chunch facility (hall4emporarj
church) probably began in early 1970s and was completed in the Iat(
1980s. The two quadpolar antennas will be concealed within
monocypress that will be approximately 40 feet tall and the fou,
equipment cabinets will be concealed behind and existing wall. Th(
monocypress will blend in with the existing pine and cypress tress tha
are almost or could mature to 40 feet The instaHation of antenni
sectors and transmission equipment will not result in significan
male/781 changes to the character of the project site. It will not N
rocognizable from Dfarrwnd Bar. As a result, the propose(
telecommunication facility's visibility will have a less than significan
impact as proposed. The telecommunication faclHfy will generate
minimal amount of additional traffk to the neighborhood by infrequen
maintenance visits. It does not create a new source of light and noise
The facility will comply with all FCC regulations. Therefore, it is unlikely
that the facility will have a negative impact on the single-family
residential neighborhood adjacent to the project site. Therefore, the
projecf's design, location, size
and operational characteristics, as condidoned, are compatible with the C
existing and future land uses in the vicinity
(1) The subject site is physically suitable for the type and density/intensity o -
As referenced above in item (h), the proposed
telecommunications facility still meets the required development
standards for the R-3-8,000-1 U zone excOPt for height which a
Variance application is being processed.. Provkow for utilities
(j) Granting the Conditional Use Permft will not be detrimental to the
public interest, heaith, safety, convenience, or weffare, or
injurious to persons, property; or improvements in the vicinity
and zoning district in which the property is located;
As referenced above in Items (N through (i), the proposed
telecommunications facNity with the Variance approval and as
amended here In will meet 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
pennits. Therefore,
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roperty, or improvements in the vicinity and zoning district in which the property is located.
;) The proposed project has been reviewed in compliance with the provisions of the California
nvironmental Quality Act (CEQA);
Pursuant to the provisions of the Callfomia Environmental Quality Act
(CEQA), Section 15070(e) and guidelines promulgated thereunder,
Negative Declaration No. 2002-04 has been prepared.
Varianc
(1) There are special circumstances applicable to the property (e.g., location, shape, size,
surroundings, topography, or other conditions), so that the
- strict application of the City's Development Code denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical
zoning districts or creates an unnecessary and non -self created,
hardship or unreasonable regulation which makes it obviously
impractical to require compliance with the development standards;
Wireless telecommunications is accomplished by linking a wireless
network of radio wave transmitting devices such as portable and
car phones to the conventional telephone system through series of
short-range, contiguous cells. Similar to a honeycomb pattern, a
cellular system is composed of many neighboring and inter-
connecting 'cell site' or geographical areas. Each cell site within the
system contains transmitting and receiving antennas that require an
appropriate%tear line of sight. In order to have a clear line of sight,
antennas must be mounted high enough to overcome chaflenges
proposed by local topography and development. The required
height is usually proportional to a combination of distance antennas
The applicant proposes to install a monocypress at a height of 40
feet that will house two antennas at the northeast portion of the
project site adjacent to Diamond Bar Boulevard. According to the
applicant, due to the hillside topography, existing structures and
dense trees surrounding the project site, the height of the proposed
monocypress is necessary in order to obtain an appropriate%tear
line of site for transmitting and receiving signals. The installation of
antenna sectors and transmission equipment will not result in
significant material changes to the character of the project site. As
a result, the proposed telecommunication facility's visibility will have
a less than significant impact as proposed. Furthennore, the church
building exceeds the maximum allowable height of 35 feet,
which was permitted by Variance No. 87-320 processed by Los
5
Althctugh the proposed monocypress is taller than the pennitted heig,
of structures in the R-3-8,000-1 U Zone, the monocypress will blend
with the existing pine and cypress tress that are almost or could matu,
(m) Granting the Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other
property owners in the same vicinity and zoning districts and
denied to the property owner for which the Variance is sought;
Granting of the Variance allows the proposed
telecommunications facility to address the demand of the local
network in order to provide seamless service to the increasing
number of subscribers. This wireless telecommunications
systems will be an invaluable communications tool in the event
of emergencies and natural disasters where nonnal land line
communications are often disrupted or inaccessible during and after an event has
occurred. Such facilities are a valuable tool in business
communication and everyday personal use. Additionally,
within the City of Diamond Bar there are other such facllftPes
(n) Granting the Variance is consistent with the General Plan and. any
applicable specific plan; and
As referenced in Item (g) above, granting the Variance is consistent wit
the General Plan. There Is no applicable specific plan for this area.
(o) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience, or weffare of the City.
The proposed telecommunications facPlify will comply with all
FCC requirements and Building and Safety Division and Public
Works Division requirements. As a result, the proposed
telecommunications facility will not be detrimental to the
public interest, health, safety, convenience, or welfare of the
Deveiopment Review
(p) 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
As referenced above in Items (g), (h), (i) and U), the existing
telecommunications facility as amended herein and with the Variance
approval is consistent with the City's Design Guidelines, development
standards of the applicable district, and architectural criteria for special
reas. Additionally, a specified architectural criterion for the area does not
xist. (q) The design and layout of the proposed development will not interfere with
ie use and enjoyment of neighboring existing or future development, and will not
reate traffic or pedestrian hazards;
As referenced in Items (h) above, the design and layout of the
proposed telecommunications facility does not interfere with
the use and enjoyment of neighboring existing or future
development, and does not create traffic or pedestrian
(r) 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
As referenced in Item (h) above, the architectural design of the
proposed telecommunications facilitate with the Variance
approval will be compatible with the characteristics of the
surrounding neighborhood and maintains end enhances the
ontemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any
pplicable specific plan.
(s) 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) and (1), 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
(t) The proposed development will not be detrimental to the public
heafth, safety or welfare or materially injurious (e.g., negative
affect on property valu®s or resale(s) of property) to the
properties or improvements in the vicinity;
As referenced in Items (h), (1) and (o)) 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
7
5 Based on ttte findings and conclusions set forth above, the Plannin(
Commission hereby approves the Application subject to the followin(
conditions:
(a) The project shall substantially conform to a site plan; sections
elevations, and landscape/irrigation plan, collectively labeled a:
Exhibit "A" dated October 8, 2002, as submitted, amended herein an(
(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 collecfi•on,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas w8hin the City.
It shall be the applicant's obligation to insure that the waste
(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
Condifional Use Permit. The Commission may revoke or modify the
(f) Prior to the issuance of any City permits, the applicant shall
submit a revised landscaperrrigation plan delineating the
additional five -gallon shrubs to be planted between the
existing cypress trees and pine trees to assist in screening the
wall: Additionally, said plans shall delineate the replacement
of landscaping destroyed during the installation of the
monocypress. Replacement landscaping shall match existing
(g) The monocypress shall not exceed a height of 40
(h) Prior to the issuance of any City permits, the applicant shall submit
documentation that the electromagnetic fields (EMFs) from the
proposed wireless telecommunications antenna facility will be within
the limit approved by the FCC for the City's review and approval.
(i) Prior to the issuance of any City permits, the applicant shall submft licenses
and approvals to provide wireless telecommunications services to the City.
�:3
(j) If any work shall occur in the public right-of-way, the applicant shall submit plans for
review and approval and obtain an encroachment permit.
(k) Prior to the issuance of any City permits, the applicant shall submit a
detail delineating the wall construction, height and material utilized
for the City's review and approval. Said wall shall not exceed a
(1) All plans shall conform to State and local building codes (i.e., 2001
edition of the California Uniform Building Code, Plumbing Code,
Mechanical Code and 2001 edition of the National Electrical Code) as
well as the State Energy Code.
(m) Proposed monocypress shall be engineered to meet wind loads of
80 m.p.h. with an exposure of "C."
(n) WI cables shall be installed underground.
(o) The maximum number of telecommunication facilities permitted at the
project site shall be one.
(p) This grant shall not be effective for any purpose until the
permiftee 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
(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 wildlffe, the applicant shall also pay to the
Department of Fish and Game any such fee and any fine which
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certffied mail,
to: Roman Catholic Church Abp, 3424 Wilshire Boulevard, Los
Angeles, CA 90010, Cingular Wireless, 2521 Michelle Drive,
Tustin, CA 92780, and The Consulting Group, 5440 Trabuco
Road, Irvine, CA 92620.
APPROVED AND ADOPTED THIS 22ND OF OCTOBER 2002, BY THE ® PLANNINC
COMMISSION OF THE CITY OF DIAMOND BAR..
BY: - Joe Ruzi I a, hairman
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 22nd day of October 2002, by the following vote:
AYES: Nelson, Nolan, Tanaka, V/C Tye, C/Ruzicka
NOES: None
ABSENT: None ABSTAIN: None
I ATTEST: " es DeSt fano, Secretary
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