HomeMy WebLinkAboutPC 2006-06PLANNING COMMISSION
RESOLUTION NO. 2006-06
A RESOLUTION OF THE DIAMOND BAR PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
NO.2005-021DEVELOPMENT REVIEW NO. 2005-15/MINOR
VARIANCE NO. 2005-03 AND CATEGORICAL EXEMPTION
15303(d), A REQUEST TO INSTALL A WIRELESS
TELECOMMUNICATIONS FACILITY WITH ANTENNAE MOUNTED
ON A MONOPOLE CAMOUFLAGED AS A BROAD LEAF TREE
AND THE EQUIPMENT CABINET. THE PROJECT IS AT THE
WALNUT VALLEY WATER DISTRICT-EASTGATE RESERVOIR,
(APN 8701-006-900) 24995 EASTGATE DRIVE, DIAMOND BAR,
CALIFORNIA.
A. RECITALS
The property owner, Walnut Valley Water District, applicant, Cingular
Wireless, and applicant's agent Infranext, Inc., Jim Fitzimmons, filed
Conditional Use Permit No. 2005-02/Development Review
No. 2005-15/Minor Variance No. 2005-03 applications for a property at
Walnut Valley Water District -Eastgate Reservoir, 24995 Eastgate Drive
(APN 8701-006-900), 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, Minor Variance, and
Categorical Exemption shall be referred to as the "Application."
2. On January 10, 2005, 31 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 January 10, 2006,
the project's public hearing notification was published in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers and on
January 14, 2006, a public hearing notice display board was posted at the
site.
3. On January 24, 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.
2. The Planning Commission hereby determines that the Application is
categorically exempt per the 1970 California Environmental Quality Act
(CEQA), Section 15303(d).
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 at the Walnut Valley Water District -Eastgate
Reservoir, 24995 Eastgate Drive (APN 8701-006-900), Diamond Bar,
California. The lot is an irregularly shaped hillside lot, approximately
3.7 gross acres. The tank and telecommunications site is surrounded
by dense foliage and chain link fencing. There are two water tanks
that are approximately 32 feet tall. There are two existing carriers at
the site: One on the tank (2001); and another monopole camouflaged
as a leafy tree (2003).
(b) The General Plan Land Use designation is Water Facility (W). The
project site is zoned Residential Planned Development (RPD 20,000
2U).
(c) Open Space surrounds the subject site.
(d) The Application requests installation of a wireless telecommunications
facility with antennae mounted on a monopole camouflaged as a
broad leaf tree and the equipment cabinet. The Development Review
and Minor Variance relate to arch itecturalldesign review and the
height of the broad leaf tree monopole which exceeds the maximum.
allowable 35 feet.
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Planning Commission Resolution No. 2006-06
CONDITIONAL USE PERMIT
(e) 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 Residential
Planned Development (RPD 20,000 2U) Zone with a Conditional Use
Permit and as amended herein will comply with all other applicable
provisions of the Municipal Code.
{#) 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 regulations regarding radio frequency
emissions, thereby considered environmentally safe. The
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
surrounding downhill properties because the antennae will be
concealed within a monopole camouflaged as a broad leaf tree that
will be 38.5 feet tall. The equipment cabinets will be concealed behind
the dense foliage. The monopole camouflaged as a broad leaf tree
will blend in with the dense shrub foliage and pine, cottonwood, elm,
and birch trees on-site. An adjacent pine tree is approximately 28 feet
tall and an existing monopole camouflaged as a broad leaf tree is on
site. 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.
(g) The design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
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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 765 square feet. A retaining wall with
fencing will be built around the following equipment: three sectors of
antennae, four per sector (each antenna is 74.5 inches high x 12.5
inches wide x 7.5 inches deep); one 4 feet microwave dish; the 10
feet x 16 feet equipment cabinet with service light, two 13 inch x 2
inch GPS antenna for the 919 upgrade, transformer, and Telco box
breaker panels. 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 antennae sectors and
transmission equipment will not result in significant material changes
to the character of the project site. It will be barely recognizable as a
telecommunications site 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.
(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.
As referenced above in Item (g), 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.
(i) 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.
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Planning Commission Resolution No. 2006-06
As referenced above in Items (e) through (h), the proposed
telecommunications facility with the Minor Variance approval and as
amended herein 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, property, or
improvements in the vicinity and zoning district in which the property
is located.
(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
per the 1970 California Environmental Quality Act (CEQA),
Section 15303(d).
MINOR VARIANCE
(k) 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 are 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 antennae that require an appropriate%lear
line of sight. In order to have a clear line of sight, antennae 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 antennae can cover and the
demand for the PCS service within their sphere of influence.
The applicant proposes to install a monopole camouflaged as a
broadleaf tree at a height of 38.5 feet that will house three sectors of
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Planning Commission Resolution No. 2006-06
antenna, four per sector and a 4 feet microwave dish at the watertank
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 appropriate%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.
(I) 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
networkin orderto 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.
(m) Granting the Minor Variance is consistent with the General Plan and
any applicable specific plan; and
As referenced in Item (f) above, granting the Minor Variance is
consistent with the General Plan. There is no applicable specific plan
for this area.
(n) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
Before the issuance of any City permits, the proposed project is
required to comply with: all conditions set forth in the approving
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Planning Commission Resolution No. 2006-06
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.
(o) 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
per the 1970 Califomia Environmental Quality Act (CEQA),
Section 15303(d).
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 areas, specific plans, community plans,
boulevards, or planned developments);
As referenced above in Items (f) -(i), the existing telecommunications
facility as amended herein and with the Minor Variance approval is
consistent with the City's Design Guidelines, development standards
of the applicable district, and architectural criteria for special areas.
Additionally, a specified architectural criterion for the area does not
exist.
(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 (g) 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 (g) above, the architectural design of the
proposed telecommunications facilitate with the Minor Variance
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Planning Commission Resolution No. 2006-06
approval will be compatible with the characteristics ofthe 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 (g), 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 (g), (i), and (n) 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.
(u) 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
per the 1970 California Environmental Quality Act (CEQA),
Section 15303(d).
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 Plan,
Antenna and Equipment Layout Plan, Elevations, Landscape Plan,
and Details collectively labeled as Exhibit "A" dated January 24, 2006,
as submitted to, amended herein, and approved by the Planning
Commission.
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Planning Commission Resolution No. 2006-06
(b) Construction Plans shall be revised for a maximum 38.5 feet height
including the leafy branches.
(c) Property ownerlapplicant shall remove the public hearing notice board
within three days of this project's approval.
(d) 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.
(e) Applicant shall comply with all Federal, State and City regulations.
(f) 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.
(g) The applicant shall submit plans for review and approval, and obtain
an encroachment permit from the Public Works Division for the
trenching and standard replacement for the City's access road as
described in the Grant of Easement.
BUILDING AND SAFETY
(h) Construction Plans shall conform to State and Local Building Codes.
(i) This structure shall meet the State Energy Conservation Standards.
(j) 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.
(k) All cables shall be installed underground.
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Planning commission Resolution No. 2006-06
New construction shall not change hill drainage flow
(m) The applicant shall maintain the RF transparent materials such that
the materials maintain a consistent appearance with the surrounding
materials. The tree shall be reviewed by the applicant everyfive years
or as requested in writing to avoid any deterioration.
(n) 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.
(o) 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.
(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 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, P. O. Box 508, Walnut, CA 91789-
3002; Applicant, Cingular Wireless, 12900 5th Floor- Park Plaza
Drive, Cerritos, CA 90703; and applicant's agent, Infranext, Inc., Jim
Fitzimmons, 2200 Orangewood Avenue, #225, Orange, CA 92868.
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Planning Commission Resolution No. 2006-06
APPROVED AND ADOPTED THIS 24th DAY OF ,JANUARY 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND'BAR.
B
Y
Dan Nolan, Acting 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 24th day of January 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioner: Torng, Lee, Acting Chair Nolan
Commissioner: None
Commissioner: Chair McManus, Vice Chair Low
Commissioner: None
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