HomeMy WebLinkAboutPC 2003-33PLANNING COMMISSION
RESOLUTION NO. 2003-33
A DIAMON6 BAR PLANNING COMMISSION RESOUTION
APPROVING CONDITIONAL USE PERMIT NO. 2003-03,
MINOR
VARIANCE NO. 2003-07, DEVELOPMENT REVIEW NO. 2003-
3 AND
NEGATIVE DECLARATION NO. 2003-05, A REQUEST TO INST
LL AN
UNMANNEDWIRELESS TELECOMMUNICATION FACILITY
WITH
ANTENNAS MOUNT WITHIN A MONOPOLE CAMOUFLAGED
AS A
BROAD LEAF TREE 37 FEET TALL AND EQUIPMENT CABINETS
SCREENED BY DENSE FOILAGE. THE PROJECT SITE IS AT
THE
WALNUT VALLEY WATER DISTRICT-EASTGATE RESERVOIR
24500
EASTGATE DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, the Walnut Valley Water District, applicant,
Eprint
PCS Wireless, and applicant's agent, Starbridge Communications,
lave
filed an application for Conditional Use Permit No. 2003-03,
Minor
Variance No. 2003-07, Development Review, No. 2003-13,
and Negative
Declaration No. 2003-05 for a property located at Eastg
to Reseivoir,
24500 Eastgate Drive, Diamond Bar, Los Angeles Coun
y, Calif
rnia.
Hereinafter in this Resolution, the subject Conditional Use
Permit, Minor
Variance, Development Review,. and Negative Deciarat
on sha!l
be
referred to as the "Application."
2. On September -30, 2003, 32 propertyowners within a 700-
oot radiL
s of
the project site were notified by mail. On October 1, 2003, a
public hearing
notice on a display board was posted at the site and three
other public
places were. posted within -.the application's vicinity..On October
2, 2)03,
public hearing notification for this project was provided in the
San Gaxiel
Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On October 28, 2003, the Diamond Bar Planning. Commission
condo
ted
and concluded a duly noticed public hearing on the Application.
`B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by he Plan
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the fact set
1 forth in the Recitals, Part A, of this Resolution are true and co rect.
2. The Planning Commission hereby finds that the Initial Study review and
Negative Declaration No. 2003-05 have been prepared by the City of
Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CEQA) and guidelines promulgated there
under, pursuant to Section 15070(e). The Negative Declaration's review
began October 2, 2003 and ended October 21, 2003. Negative
Declaration No. 2003-05 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 -*e 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 irregularly shaped hillside lot, sloping up
from Eastgate Drive and Pantera Drive and approximately 3.7
acres. It is developed as the Walnut Valley Water District -Eastgate
Reservoir.
.r •.
(b The General Plan land use designation for the project site is Water
- Facility (W).
(c The zoning designation for the project site is Residential Planned
Development (RPD 20,000 2U) Zone).
(d) Open Space surrounds the subject site.
(:e f The application is a request to install a wireless
telecommunications facility with antennas mounted on a 37 feet
monopole camouflaged as a broad leaf tree and equipment. The
.proposed telecommunication facility lease area is approximately
600 square feet. It contains the following equipment: three sectors
of antennas, two per sector, on the camouflaged monopole; three
equipment cabinets; two battery backup cabinets; emergency
generator and PPC cabinet with service light; and four service fights --
on the concrete pad. Each antenna will be five feet tall. The
2
equipment cabinets will be hidden behind the dense foliagE and
bush row.
CONDITIONAL_ USE PERMIT
(f) The proposed use is allowed within the subject zonir g districl with
the approval of a Conditional Use Permit complies with all they
applicable provisions of the Development Code and the Mun cipal
Code;
The purpose of the Conditional Use Permit is to provide a pr cess
for reviewing specified activities and uses identified in a zoning
district whose effect on the surrounding area cannot be deten7 Ined
before being proposed for a particular location. The proposed
unmanned wireless telecommunications facility is permitted i the
Residential Planned Development (RPD 20,000 2U) Zone wfth a
Conditional Use Permit and as amended herein will comply with all
other applicable provisions of 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 Water
Facility (W). 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 regula 'ons
regarding radio frequency emissions, thereby considered
environmentally safe. The existing telecommunications facilily is
compatible with the General Plan in that it will only generate a - lery
minimal amount of additional traffic to the neighborhood by
infrequent maintenance visits. It will not create a new source of fight
and noise. It will not be recognizable from surrounding do hill
properties because the antennas will be concealed withi7 a
monopole camouflaged as a broad leaf tree Oat will be
approximately 37 feet tall. The equipment cabinets will be
concealed behind the dense foliage. The monopole -amouflaged
as a broad leaf tree will blend in with the dense shrub foliage and
pine, cottonwood, elm, and birch trees on-site. An adjacent ine
tree is approximately 25 feet tall. The installation of ant 9nna se ors
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 hav a less 7
n
significant impact as proposed.
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 an irregularly shaped hillside lot, sloping up from
Eastgate Drive and Pantera Drive and is approximately 3.7 acres. It
is developed with a reservoir facility identified as Walnut ,Valley
Water . District -Eastgate Reservoir. The proposed
telecommunication facility lease area is approximately 600 square
feet. it contains the following equipment: three sectors of antennas,
two per sector, on a monopole camouflaged as a broadleaf tree
that will be approximately 37 feet tall, three equipment cabinets,
two battery backup cabinets, emergency generator and PPC
cabinet with service light, and four service lights on the concrete
pad. Each antenna will be five feet tall. The equipment cabinets will
be hidden behind the dense foliage and bush row.
The monopole camouflaged as a broad leaf tree will blend in with
the existing foliage and trees. The installation 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 Eastgate Drive and Pantera Drive. As a result,
the proposed telecommunication 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 project 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.
(i) The subject site is physically suitable for the type and
density/intensity of use being proposed including access, provision
of utilities, compatibility with adjoining land uses and the absence of
physical constraints,
As referenced above in Item (h), the proposed telecommunications
facility still meets the required development standards for the
Residential Planned Development (RPD 20,000 2U) Zone except
for height which a Minor Variance application is being processed..
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
4
to persons, property, or improvements in the vicinity
and z
ning
district in which the property is located;
(.g.,
As referenced above in Items (f) through (i),
me proposed
telecommunications facility with the Minor Variance
approval
and
as amended here in will meet the City's minimum
development
her
standards. Traffic is minimal. As discussed in Item ()
above
the
existing telecommunications facility meets the FCC
requirements
or
regarding radio frequency emissions safety and has been
ins t
fled
with the appropriate City permits. Therefore,
granting
the
Conditional Use Permit will not be detrimental to the p
Jbfic interest,
a
health, safety, convenience, or welfare, or injuriou5
to persons,
as
property, or improvements in the vicinity and zoning ditrict
in
ich
the property is located
7
a
(k) The proposed project has been reviewed in compli nce with the
provisions of the California Environmental Quality Act ( EQA);
Pursuant to the provisions of the California Environ ental Quality
Act (CEQA), Section 15070(e) and guidelines prom (gated there
under, Negative Declaration No. 2003-05 has been pre ared.
MINOR VARIANCE
(1) There are special circumstances applicable to the property
(.g.,
location, shape, size, surroundings, topography,
or other
conditions), so that the strict application of the City's
evelop
ent
Code denies the property owner privileges enjoyed
by o
her
property owners in the vicinity and under identical zonir
g districts
or
creates an unnecessary and non -self created,
iardship
or
unreasonable regulation which makes it obviously i
practica
to
require compliance with the development standards;
Wireless telecommunications are accomplished b
linking
a
wireless network of radio wave transmitting devic
s such
as
portable and car phones to the conventional telephone
sys
em
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%lear line of sight
in order'
to
have a clear line of sight, antennas must be mounted
high eno
gh
to overcome challenges proposed by local topography
and
development. The required height is usually proportional
combination of distance antennas can cover and the
to
demand
a
for
the PCS service within their sphere of influence.
9
The applicant proposes to install a monopole camouflaged as a
broadleaf tree at a height of 37 feet that will house three sectors of
antenna, two per sector, at the water tank facility's southwest area.
The Diamond Bar Telecommunications Facilities Map indicates that
a water tank site is a preferred building site. Due to the hillside
topography, existing structures and dense trees surrounding the
project site, the height of the proposed monopole camouflaged as a
broadleaf tree is necessary in order to obtain an approphate%lear
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. Furthermore, the
reservoirs are approximately 32 feet in height. The proposed
telecommunications facility is taller than the permitted height of
structures in the Residential Planned Development (RPD 20,000
2U) Zone, the monopole camouflaged as a broad leaf tree and the
equipment cabinet will blend in with the existing foliage and trees
on-site.
(m) Granting the Minor 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 Minor Variance is sought;
Granting of the Minor . 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 were 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 facilities
located within a residential zone.
(n) Granting the Minor Variance is consistent with the General Plan
and any applicable specific plan; and
As referenced in Item (g) above, granting the Minor Variance is
consistent with the General Plan. There is no applicable specific
plan for this area.
C.1
(o) The proposed entitlement would not be detrimental to the p blic
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 arks
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 consi tent
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 pans,
boulevards, or planned developments);
As referenced above in Items (g), (h), (i) and (j), the exi ting
telecommunications facility as amended herein and With the Minor
Variance approval is consistent with the City's Design Guide) nes,
development standards of the applicable district, and archite tura)
criteria for special areas. Additionally, a specified archite tura)
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 22.4 of theCity's
Development Code, the General Plan, or any appliable sp cific
plass, 7
As referenced in Item (h) above, the architectural design ol the
proposed telecommunications facilitate with the Mi or Valicince
approval will be compatible with the characteristics of the
surrounding neighborhood and maintains and enhances the
harmonious, orderly and attractive development contemplate by
7
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 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. 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, elevations,
and topography plans, collectively labeled as Exhibit "A dated
October 28, 2003, 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.
F-4111111
(c) Property owner/applicant shall remove the public hearing
n
tice
board within three days of this project's approval.
(d) Applicant shall comply with all Federal, State and City
regulatio
is.
(e) Prior to the issuance of any City permit,
he pro
erty
owner/applicant shall submit a revised landscape
plan to
the
Planning Division for review and approval for the replanting
o
the
dense foliage, noted as a bush row on sheet LS2
that is teing
removed at and below the proposed lease area. The
applican
will
be required to add five -gallon size shrubs or larger
to mat&
the
existing plant material on-site to assist in screening the
lease
area.
The planting shall be completed prior to the
certificate
of
occupancy.
CJ
(f) The construction plans for the broadleaf monopole shall be revised
to add more branches and leaves so that the trunk is not visible to
the downhill properties. The branches should blend into the dense
foliage noted as a bush row.
(g) To ensure compliance with all conditions of approval end applicable
codes, the Conditional Use Permit/Development Review sha I 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 modi the
Conditional Use Permit.
(h) The monopole camouflaged as a broad leaf tree shall not exceed a
height of 37 feet.
(i) Prior to the issuance of any City permits, the applicant shall submit
licenses and approvals to provide wireless telecomunica ions
services to the City.
(j) The applicant shall submit plans for review and approval, and
obtain an encroachment permit from the Public Works Divisioi for
the trenching and standard replacement for the City'E access road
as described in the Grant of Easement.
(k) 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.
N
(1) Proposed monopole camouflaged as a broad leaf tree shall be
engineered to meet wind loads of 80 M.P.H. with an exposure of
«C„
(m) All cables shall be installed underground.
(n) New construction shall not change hill drainage flow.
(o) This grant shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee)
have filed, Within fifteen (15) days of approval of this grant, at the
City of Diamond Bar Community and Development Services
Department their affidavit stating that they are aware of and agree
to accept all the conditions of this grant. Further, this grant shall not
be effective until the permittee pays remaining City processing fees,
school fees and fees for the review of submitted reports.
(p) If the Department of Fish and Game determines that Fish and
Game Code Section 711.4 applies to the approval of this project,
then the applicant shall remit to the City, within five days of this
grant's appraval, a cashiers 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: Walnut Valley Water District, Attention Craig Zimmerman,
271 S. Brea Canyon Road, Diamond Bar, CA 91765, Sprint PCS
Wireless, 18200 Von Karmen, Irvine, CA 92612, and Starbridge
Communications, Attention Christina Suarez, 3941 Brockton
Avenue, #2a Riverside, CA 92501.
APPROVED AND ADOPTED THIS 28th OF OCTOBER 2003, BY THE
DIAMOND BAR PLANNING COMMISSION.
BY: --T—J0
S e Tye, Cha n
10
' I, James DeStefano, Planning Commission Secretary, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the Diamond Bar
Planning Commission, at a regular meeting of the Planning Commission held oil the
28th day of October 2003, by the following vote:
1
1
AYES: Commissioner Tanaka, Wei, WC Nolan, Chair Tye
NOES:
ABSENT: Commissioner Nelson
ABSTAIN:
ATTEST:
James DeStefa o, Secretary
11
PLANNING COMMISSION RESOLUTION NO. 2003-33
A DIAMOND BAR PLANNING COMMISSION RESOLUTION
APPROVING CONDITIONAL USE PERMIT NO. 2003-03, MINOR
VARIANCE NO. 2003-07, DEVELOPMENT REVIEW NO: 2003-13 AND
NEGATIVE DECLARATION NO. 2003-05, A REQUEST TO INSTALL AN
UNMANNED WIRELESS TELECOMMUNICATION FACILITY WITH
ANTENNAS MOUNT WITHIN A MONOPOLE CAMOUFLAGE AS A
BROAD LEAF TREE 37 FEET TALL AND EQUIPMENT CABINETS
SCREENED BY DENSE FOILAGE. THE PROJECT SITE IS T THE
WALNUT VALLEY WATER DISTRICT-EASTGATE RESERVOIR 24500
EASTGATE DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, the Walnut Valley Water District, ap lican PCS
Wireless, and applicant's agent, Starbridge Commun catior filed an
application for Conditional Use Permit No. 2 CO3-03 Variance No.
2003-07, Development Review, No. 2003-13, and P Declaration
No. 2003-05 for a property located at Eastg to Rs 24500 Eastgate
Drive, Diamond Bar, Los Angeles Coun y, C< Hereinafter in this
Resolution, the subject Conditional Use ermi
nce, Development Review,. and Negative Declarat on s referred to as the "Application." b
2. On September 30, 2003, 32 property owners within a 700- oot ral the of
project site were notified by mail: On October 1, 2003, a public t
notice on a display board was posted at the site and three other
places were posted within -the application's vicinity -On October 2,
public hearing notification for this project was provided in the San
Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On October 28, 2003, the Diamond Bar Planning Commission cone and concluded a
duly noticed public hearing on the Application.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all ofl the fact set forth in the Recitals.
Part A, of this Resolution are true and co,lirect.
2. The Planning Commission hereby finds that the Initial Study review and
Negative Declaration No. 2003-05 have been prepared by the City of
Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CEQA) and guidelines promulgated there
under, pursuant to Section 15070(e). The Negative Declaration's review
began October 2, 2003 and ended October 21, 2003. Negative Declaration
No. 2003-05 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 -1t 'e 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 irregularly shaped hillside lot, sloping up from Eastgat(
Drive and Pantera Drive and approximately 3.7
- acres. It is developed as the Walnut Valley Water District -Eastgate Reservoir.
(b)= : The General Plan land use designation for the project site is Water
Facility (W).
(cThe zoning designation for the project site is Residential Planned
Development (RPD 20,000 2U) Zone).
(d) Open Space surrounds the subject site.
(e^J The application is a request to install a wireless telecommunications
facility with antennas mounted on a 37 feet monopole camouflaged
as a broad leaf tree and equipment. The proposed
telecommunication facility lease area is approximately 600 square
feet. It contains the following equipment: three sectors of antennas,
two per sector, on the camouflaged monopole; three equipment
cabinets; two battery backup cabinets; emergency generator and
PPC cabinet with service light; and four service lights on the
concrete pad. Each antenna will be five feet tall. The
2
equipment cabinets will be hidden behind the dens
bush row.
foliag
and
CONDITIONAL USE PERMIT
f The proposed use is allowed within the subect zoni
distri
with
the approval of a Conditional Use Permit com lie
with all
the
applicable provisions of the Development Code and the Muni ci al
Code;
The purpose of the Conditional Use Permit is to pro
ide a pr
cess
for reviewing specified activities and uses identifieo
in a zo
nin
district whose effect on the surrounding area cannot
a detet
line
before being proposed fora particular location. 7
he prop
ose
unmanned wireless telecommunications facility is pe
rmitted
th
Residential Planned Development RPD 20,000 2U
Zone
'th
Conditional Use Permit and as amended herein will c
omply
wit
h al
other applicable provisions of the Municipal Code.
The proposed use is consistent with the Genera
Ian anc
an
applicable specific Ian;
The project site has a General Plan land use design
tion oj
late
Facility (W). Objectives and Strategies of the
enera
Plan
encourage the establishment of new technolo th
t is dee
e
environmentally safe and compatible with devel
ment.
Th
proposed project is required to comply with Feder
l re ul
'on
regarding radio frequency emissions, thereb
consic
re
environmentally safe. The existing telecommunicatic
ns facil
is
compatible with the General Plan in that it will only
nerate
er
minimal amount of additional traffic to the neig
borhooc
b
infrequent maintenance visits. It will not create a new
ource o
li h
and noise. It will not be recognizable from surrour
din d
Ihil
properties because the antennas will be conce6
d with
n
monopole camouflaged as a broad leaf treE
at wil
b
approximately 37 feet tall. Thee ui ment cabin
ets wil
b
concealed behind the dense foliage. The mono of
amouf
e
as a broad leaf tree will blend in with the dense shrtj
b folia
an
pine, cottonwood, elm, and birch trees on-site. An a
djacen
in
tree is approximately 25 feet tall. The installation of an
nna s
or
and transmission equipment will not result in significant
mat
ria
changes to the character of the project site. As
result,
th
proposed telecommunication facility's visibility will haA
e a les
a
significant impact as proposed]
(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 an irregularly shaped hillside lot, sloping up from
Eastgate Drive and Pantera Drive and is approximately 3.7 acres. It
is developed with a reservoir facility identified as Walnut , Valley
Water District -Eastgate Reservoir. The proposed telecommunication
facility lease area is approximately 600 square feet. It contains the
following equipment. three sectors of antennas, two per sector, on a
monopole camouflaged as a broadleaf tree that will be
approximately 37 feet tall; three equipment cabinets; two battery
backup cabinets; emergency generator and PPC cabinet with
service light; and four service lights on the concrete pad. Each
antenna will be five feet tall. The equipment cabinets will be hidden
behind the dense foliage and bush row.
The monopole camouflaged as a broad leaf tree will blend in with
the existing foliage and trees. The installation 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 Eastgate Drive and Pantera Drive. As a result, the
proposed telecommunication 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 project
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.
(i) The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities,
compatibility with adjoining land uses and the absence of physical
constraints;
As referenced above in Item (h), the proposed telecommunications
facility still meets the required development standards for the
Residential Planned Development (RPD 20,000 2U) Zone except
for height which a Minor Variance application is being processed..
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
E
to persons, property, or improvements in the vicinit
strict in which the property is located;
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act ( EQA);
Pursuant to the provisions of the California Environmental QU31ity Act
(CEQA), Section 15070(e) and guidelines promulgated there under,
Negative Declaration No. 2003-05 has been prepared.
s referenced above in Items (f) through (i), t
MINOR VARIANCE
prop
Dse
lecommunications facility with the Minor Variance
approval
9nd
> amended here in will meet the City's minimum
develop
en
andards. Traffic is minimal. As discussed in Item
above
he
(isting telecommunications facility meets the FCCe
uirem
nts
?garding radio frequency emissions safety and has b
en
7nsta
led
ith the appropriate City permits. Therefore,
anting
he
onditional Use Permit will not be detrimental to the P
iblic inte
est,
?a/th, safety, convenience, or welfare, or in furiouso
ers
ns,
o ert , or improvements in the vicinityand zoningdis
rict in
ch
e property is located.
(1) There are special circumstances applicable to the M or)erty (I .a..I
location; shape, size, surroundings, topography , or � he
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act ( EQA);
Pursuant to the provisions of the California Environmental QU31ity Act
(CEQA), Section 15070(e) and guidelines promulgated there under,
Negative Declaration No. 2003-05 has been prepared.
conditions), so that the strict application of the City's D
MINOR VARIANCE
ent
Code denies the ro ert owner rivile es enjo
tevelopm
b
hero
ert owners in the vicinit and under identical zoistric
o
'eates an unnecessary and non-self created,
ardship
or
unreasonable regulation which makes it obviously i
practic
t
require compliance with the development standards;
Wireless telecommunications are accomplished b
linking
a
wireless network of radio wave transmitting devic
s such
a
portable and car phones to the conventional tele
one s s
e
through series of short-range, contiguous cells. E
imilar
honeycomb pattern, a cellular system is compos
d of many
neighboring and inter-connecting "cell site" or geogra
hical are
as.
Each cell site within the system contains transmitting a
no
recei
in
antennas that require an a ro riate%tear line of sigh
In orde
r t
have a clear line of sight, antennas must be mountea
high
eno
g
to overcome challenges proposed by local topography
n
development. The required height is usually propo
combination of distance antennas can cover and th
rtional
deman
fo
the PCS service within theirs here of influence.
The applicant proposes to install a monopole camouflaged as a
broadleaf tree at a height of 37 feet that will house three sectors of
antenna, two per sector, at the water tank facility's southwest area.
The Diamond Bar Telecommunications Facilities Map indicates that
a water tank site is a preferred building site. Due to the hillside
topography, existing structures and dense trees surrounding the
project site, the height of the proposed monopole camouflaged as a
broadleaf tree is necessary in order to obtain an approphate%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. Furthermore, the reservoirs
are approximately 32 feet in height. The proposed
telecommunications facility is taller than the permitted height of
structures in the Residential Planned Development (RPD 20,000 2U)
Zone, the monopole camouflaged as a broad leaf tree and the
equipment cabinet will blend in with the existing foliage and trees on-
site.
(m) Granting the Minor 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 Minor Variance is sought;
Granting of the Minor 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 were 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 facilities located
within a residential zone.
(n) Granting the Minor Variance is consistent with the General Plan and any
applicable specific plan; and
As referenced in Item (g) above, granting the Minor Variance is
consistent with the General Plan. There is no applicable specific plan
for this area.
C
(o) The proposed entitlement would not be detrimental to the r
interest, health, safety, convenience, or welfare of the ity. The
proposed telecommunications facility will comply with all
requirements and Building and Safety Division and Public V
Division requirements. As a result, the proX
telecommunications facility will not be detrimental o the X
interest, health, safety, convenience, or welfare of the Pity.
DEVELOPMENT REVIEW
(p) The design and layout of the proposed development re consi tent 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 pans, boulevards, or planned
developments);
As referenced above in Items (g), (h), (i) and 6), the exi ting
telecommunications facility as amended herein and with the Afinor
Variance approval is consistent with the City's Design Guidefines,
development standards of the applicable district, an architectural
criteria for special 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 r pedestrian hazards;
As referenced in Items (h) above, the design and layout o the
proposed telecommunications facility does not interfere wit the use
and enjoyment of neighboring existing or future develop ent, and
does not create traffic or pedestrian hazards.
(r) The architectural design of the proposed de elopmen is compatible with
the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.4 of the City's
Development Code, the General Plan, or any applicable sp cific
plan;
As referenced in Item (h) above, the architectural design o the
proposed telecommunications facilitate with the M#?or Variance
approval will be compatible with the characteristics of the surrounding
neighborhood and maintains and enhances the harmonious, orderly
and attractive development contemplated by
rA
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 (.!), 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), (.!), 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
improvements in the vicinity.
5. Based on the findings and conclusions set forth above, the Planning Commission
hereby approves the Application subject to the following conditions:
(a) The project shall substantially conform to a site plan, elevations, and
topography plans, collectively labeled as Exhibit "A" dated October 28,
2003, 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
the dublic
(f) The construction plans for the broadleaf monopole shall be re ised to add
more branches and leaves so that the trunk is not visi le to the
downhill properties. The branches should blend I to the d nse foliage
noted as a bush row.
g) To ensure compliance with all conditions of approval and appli able codes, the Conditional Use
'ermit/Development Review shall be
subject to period review. If non-compliance with condition of approval
occurs, the Planning Commission ma review the Conditional Use
Permit. The Commission may revoke or modi the Conditional Use
Permit.
(h) The monopole camouflaged as a broad leaf tree shall not exce d a
height of 37 feet.
(i) Prior to the issuance of any City permits, the applicant shall s bmit
licenses and approvals to provide wireless telecom munica ions
services to the City.
Q) The applicant shall submit plans for review and pproval, and obtain an
encroachment permit from the Public W or s Divisio for the trenching
and standard replacement for the City' access oad as described in the
Grant of Easement:
board within three days of this project's approval.
(d) Applicant shall comply with all Federal, State and City
regulati
S.
e Prior to the issuance of any City permit,
he prop
ert
owner/applicant shall submit a revised landscape
Ian tc
th
Planning Division for review and approval for the re
lanting
the
dense foliage, noted as a bush row on sheet LS2
that i1c
ein
removed at and below the proposed lease area. Th
applicar
t will
be required to add five -gallon size shrubs or large
to matd
the
existing plant material on-site to assist in screeninq t
a leasel
rea.
The plantina shall be completed prior to thel certifical of
occupanc
(f) The construction plans for the broadleaf monopole shall be re ised to add
more branches and leaves so that the trunk is not visi le to the
downhill properties. The branches should blend I to the d nse foliage
noted as a bush row.
g) To ensure compliance with all conditions of approval and appli able codes, the Conditional Use
'ermit/Development Review shall be
subject to period review. If non-compliance with condition of approval
occurs, the Planning Commission ma review the Conditional Use
Permit. The Commission may revoke or modi the Conditional Use
Permit.
(h) The monopole camouflaged as a broad leaf tree shall not exce d a
height of 37 feet.
(i) Prior to the issuance of any City permits, the applicant shall s bmit
licenses and approvals to provide wireless telecom munica ions
services to the City.
Q) The applicant shall submit plans for review and pproval, and obtain an
encroachment permit from the Public W or s Divisio for the trenching
and standard replacement for the City' access oad as described in the
Grant of Easement:
(k) All plans shall conform to State and local building codes (i.e.
edition of the California Uniform Building Code, PI tubing
Mechanical Code and 2001 edition of the National EI ctrical
as well as the State Energy Code.
we
(1) Proposed monopole camouflaged as a broad leaf tree shall be engineered to meet
wind loads of 80 M.P. H. with an exposure of
(m) All cables shall be installed underground.
(n) New construction shall not change hill drainage flow.
(o) This grant shall not be effective for any purpose until the permittee and
owner of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval of this grant, at the City of
Diamond Bar Community and Development Services Department„
their affidavit stating that they are aware of and agree to accept all
the conditions of this grant. Further, this grant shall not be effective
until the permittee pays remaining City processing fees, school fees
,and fees for the review of submitted reports.
(p) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling
fee in connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing fee imposed
because the project has more than a deminimis impact on fish and
wildlife, the applicant shall also pay to the Department of Fish and
Game any such fee and any fine which the Department determines
to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: Walnut Valley Water District, Attention Craig Zimmerman, 271 S.
Brea Canyon Road, Diamond Bar, CA 91765, Sprint PCS Wireless,
18200 Von Karmen, Irvine, CA 92612, and Starbridge
Communications, Attention Christina Suarez, 3941 Brockton
Avenue, #2, Riverside, CA 92501.
APPROVED AND ADOPTED THIS 28th OF OCTOBER 2003, BY THE DIAMOND BAR
PLANNING COMMISSION.
BY: 'S& 11
1
I, James DeStefano, Planning Commission Secretary, do hereby certify t the
foregoing Resolution was duly introduced, passed, and adopted by the Diam<
Planning Commission, at a regular meeting of the Planning Commission held Bar
the
28th day of October 2003, by the following vote:
AYES: Commissioner Tanaka, Wei, WC Nolan, Chair Tye NOES:
ABSENT: Commissioner Nelson ABSTAIN:
i ATTEST:
James DeStefa o, Secretary
1