Loading...
HomeMy WebLinkAboutPC 2006-05PLANNING COMMISSION RESOLUTION NO. 2006-05 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2005-041DEVELOPMENT REVIEW NO. 2005-23 AND CATEGORICAL EXEMPTION 15301(b), A REQUEST TO INSTALL A WIRELESS TELECOMMUNICATIONS FACILITY WITH ANTENNA MOUNTED WITHIN THE ROOFTOP CONCEALED BY THE FACADE AND MANSARD ROOF AND EQUIPMENT CABINETS IN A SECOND FLOOR RETAIL SUITE. THE PROJECT SITE IS 1155 DIAMOND BAR BOULEVARD (APN 8713-031-010), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Diamond Bar Town Center, LLC, via Pacific West Asset Management, and applicant, Cingular Wireless, via MMI Titan, Danielle Brandenburg, filed Conditional Use Permit No. 2005-04 and Development Review No. 2005-23 applications for a property at 1155 Diamond Bar Boulevard (APN 8713-031-010), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution_ Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Categorical Exemption shall be referred to as the "Application." 2. On December 27, 2005, 27 property owners and interested parties within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On December 30, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On January 10, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Planning Commission Resolution No. 2006-05 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(b). 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is addressed 1155 Diamond Bar Boulevard (Assessor Parcel Number 8713-031-010), Diamond Bar, California. The parcel is approximately 1.24 gross acres: 53,900 usable square feet. The lot is irregularly shaped with an existing two-story commercial building completed in 1986. Six parcels have reciprocal access and parking agreements. (b) The General Plan Land Use designation is General Commercial (C). The project site is zoned Unlimited Commercial Billboard Exclusion (C -3 -BE). (c) To the north and west is the Unlimited Multiple Residence -Minimum Lot Size -8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) Zone and to the south and east is the Unlimited Commercial (C-3) Zone. (d) The Application requests installation of a wireless telecommunications facility with antenna mounted on the rooftop concealed by the facade and mansard roof and equipment cabinets in a second floor retail suite. The Development Review relates to architectural/design review for the replacement of faux stucco and roofing materials. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject -zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. 2 Planning Commission Resolution No. 2006-05 The proposed telecommunication project is permitted on the subject property as set forth in Diamond Bar Municipal Code Section 22.42.130. The existing building was approved in 1986. The proposed unmanned telecommunications facilities are mounted within the existing building's fagade and mansard roof. The RF transparent replacement materials match the existing building so no exterior changes are apparent. As an architecturally concealed antenna, it complies with applicable provisions of the Municipal Code. {f) The proposed use is consistent with the General Plan and any applicable specific plan. On July 25, 1995, the City adopted its General Plan. The proposed Project complies with the General Plan land use goals, objectives and strategies. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, continues to be consistent with the General Plan, City's Municipal Code, and Design Guidelines. There is no specific plan. (g) Design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The existing building was approved in 1986. The proposed unmanned telecommunications facilities are mounted within the existing building's fagade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna facility, and therefore, is compatible with the existing and future land uses in the vicinity. (h) The subject site is physically suitable for the type and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The project site is an existing fully developed building and the existing building was approved in 1986. The proposed unmanned telecommunications facilities are mounted within the existing building's fagade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally 3 Planning Commission Resolution No. 2006-05 concealed antenna facility, and therefore, will continue to be physically suitable for the type and densityrntensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (i} Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Before the issuance of any City permits, the proposed project is required to comply. with all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; Erre Department requirements; and FCC approval. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(b). DEVELOPMENT REVIEW (k) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) On July 25, 1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and strategies. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's fagade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna. and therefore, continues to be consistent with the General Plan, City's Municipal Code, and Design Guidelines. There are no architectural criteria for special areas. 11 Planning Commission Resolution No. 2006-05 (€) 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. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's fagade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (m} 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, the General Plan, City Design Guidelines, or any applicable specific plan. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's fagade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, will continue to be compatible with the characteristics of the surrounding neighborhood and continue to maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. (n) The architectural 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. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, will continue to 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. 5 Planning Commission Resolution No. 2006-05 (o) The proposed development will not be detrimental to 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. Before the issuance of any City permits, the proposed project is required to comply., with all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; Fire Department requirements; and FCC approval. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt in accordance to 1970 California Environmental Qualify Act (CEQA), Section 15301(b). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: GENERAL (a) The project shall substantially conform to Title Sheet, Site and Roof Plan, Antenna and Equipment Layout Plan, Elevations, Details, and Survey collectively labeled as Exhibit "A" dated January 10, 2006, as submitted to, amended herein, and approved by the Planning Commission. (b) The site shall be maintained in a condition that 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 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. A Planning Commission Resolution No. 2006-05 BUILDING AND SAFETY PLANNING (c) Construction Plans shall conform to State and Local Building Codes. (d) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (e) This structure shall meet the State Energy Conservation Standards. (f) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architectlengineer with wet stamp and signature. (g) The applicant shall maintain the RF transparent materials such that the materials maintain a consistent appearance with the surrounding materials. The roof and fapade shall be reviewed by the applicant every five years or as requested in writing to match the existing building to avoid any property maintenance deterioration. (h) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one- (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed Public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (i) This approval 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, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. (j) 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 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 7 Planning Commission Resolution No. 2006-05 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 Diamond Bar Town Center, LLC, via Pacific West Asset Management, 3191-D Airport Loop Drive, Costa Mesa, CA 92626, and Applicant, Cingular Wireless, MMI Titan, Danielle Brandenburg, 12900 5th Floor- Park Plaza Drive, Cerritos, CA 90703. APPROVED AND ADOPTED THIS 10th DAY OF JANUARY 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. McManus, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 10th day of January 2006, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN. Commissioner: Torng, Lee, VIC Low None Nolan Chair McManus ATTEST: Nancy Fong, S rp-� 8 Planning Commission Resolution No. 2006-05 PLANNING COMMISSION RESOLUTION NO. 2006-05 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2005-04/DEVELOPMENT REVIEW NO. 2005-23 AND CATEGORICAL EXEMPTION 15301(b), A REQUEST TO INSTALL A WIRELESS TELECOMMUNICATIONS FACILITY WITH ANTENNA MOUNTED WITHIN THE ROOFTOP CONCEALED BY THE FACADE AND MANSARD ROOF AND EQUIPMENT CABINETS IN A SECOND FLOOR RETAIL SUITE. THE PROJECT SITE IS 1155 DIAMOND BAR BOULEVARD (APN 8713-031-010), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Diamond Bar Town Center, LLC, via Pacific West Asset Management, and applicant, Cingular Wireless, via MMI Titan, Danielle Brandenburg, filed Conditional Use Permit No. 2005-04 and Development Review No. 2005-23 applications for a property at 1155 Diamond Bar Boulevard (APN 8713-031-010), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and Categorical Exemption shall be referred to as the "Application." 2. On December 27, 2005, 27 property owners and interested parties within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted. On December 30, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On January 10, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Planning Commission Resolution No. 2006-05 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(b). 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is addressed 1155 Diamond Bar Boulevard (Assessor Parcel Number 8713-031-010), Diamond Bar, California. The parcel is approximately 1.24 gross acres: 53,900 usable square feet. The lot is irregularly shaped with an existing two-story commercial building completed in 1986. Six parcels have reciprocal access and parking agreements. (b) The General Plan Land Use designation is General Commercial (C). The project site is zoned Unlimited Commercial Billboard Exclusion (C -3 -BE). (c) To the north and west is the Unlimited Multiple Residence -Minimum Lot Size -8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) Zone and to the south and east is the Unlimited Commercial (C-3) Zone. (d) The Application requests installation of a wireless telecommunications facility with antenna mounted on the rooftop concealed by the facade and mansard roof and equipment cabinets in a second floor retail suite. The Development Review relates to architectural/design review for the replacement of faux stucco and roofing materials. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject -zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. 2 Planning Commission Resolution No. 2006-05 The proposed telecommunication project is permitted on the subject property as set forth in Diamond Bar Municipal Code Section 22.42.130. The existing building was approved in 1986. The proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building so no exterior changes are apparent. As an architecturally concealed antenna, it complies with applicable provisions of the Municipal Code. (f) (9) The proposed use is consistent with the General Plan and any applicable specific plan. On July 25, 1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and strategies. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, continues to be consistent with the General Plan, City's Municipal Code, and Design Guidelines. There is no specific plan. Design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The existing building was approved in 1986. The proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna facility, and therefore, is compatible with the existing and future land uses in the vicinity. (h) 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. The project site is an existing fully developed building and the existing building was approved in 1986. The proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally 3 Planning Commission Resolution No. 2006-05 concealed antenna facility, and therefore, will continue to be physically suitable for the type and densityrntensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. G) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Before the issuance of any City permits, the proposed project is required to comply: with all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; Fire Department requirements; and FCC approval. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(b). DEVELOPMENT REVIEW (k) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) On July 25, 1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and strategies. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's fagade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna. and therefore, continues to be consistent with the General Plan, City's Municipal Code, and Design Guidelines. There are no architectural criteria for special areas. 4 Planning Commission Resolution No. 2006-05 (1) (m) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. 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, the General Plan, City Design Guidelines, or any applicable specific plan. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, will continue to be compatible with the characteristics of the surrounding neighborhood and continue to maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. (n) The architectural 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. The project site is an existing fully developed building and the proposed unmanned telecommunications facilities are mounted within the existing building's facade and mansard roof. The RF transparent replacement materials match the existing building, therefore, no exterior changes are apparent. This application is considered an architecturally concealed antenna, and therefore, will continue to 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. 5 Planning Commission Resolution No. 2006-05 (o) The proposed development will not be detrimental to 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. (p) Before the issuance of any City permits, the proposed project is required to comply: with all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; Fire Department requirements; and FCC approval. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt in accordance to 1970 California Environmental Quality Act (CEQA), Section 15301(b). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: GENERAL (a) The project shall substantially conform to Title Sheet, Site and Roof Plan, Antenna and Equipment Layout Plan, Elevations, Details, and Survey collectively labeled as Exhibit "A" dated January 10, 2006, as submitted to, amended herein, and approved by the Planning Commission. (b) The site shall be maintained in a condition that 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 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. 6 Planning Commission Resolution No. 2006-05 BUILDING AND SAFETY (c) Construction Plans shall conform to State and Local Building Codes. (d) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (e) This structure shall meet the State Energy Conservation Standards. M PLANNING (9) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. The applicant shall maintain the RF transparent materials such that the materials maintain a consistent appearance with the surrounding materials. The roof and fagade shall be reviewed by the applicant every five years or as requested in writing to match the existing building to avoid any property maintenance deterioration. (h) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one- (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. 0) This approval 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, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this 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 7 Planning Commission Resolution No. 2006-05 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 Diamond Bar Town Center, LLC, via Pacific West Asset Management, 3191-D Airport Loop Drive, Costa Mesa, CA 92626, and Applicant, Cingular Wireless, MMI Titan, Danielle Brandenburg, 12900 5th Floor- Park Plaza Drive, Cerritos, CA 90703. APPROVED AND ADOPTED THIS 10th DAY OF JANUARY 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 10th day of January 2006, by the following vote: AYES: Commissioners: Torng, Lee, V/C Low NOES: Commissioner: None ABSENT: Commissioner: Nolan ABSTAIN: Commissioner: Chair McManus ATTEST: 8 Planning Commission Resolution No. 2006-05