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HomeMy WebLinkAboutPC 2006-38PLANNING COMMISSION RESOLUTION NO. 2006-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-07 AND DEVELOPMENT REVIEW NO. 2006-20, FOR THE REQUEST TO INSTALL. ROOF AND WALL MOUNTED COMMUNICATION FACILITIES ON THE HOLIDAY INN BUILDING, LOCATED AT 21725 GATEWAY CENTER DRIVE — APN: 8293-050-003. A. RECITALS The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner Oak Creek Limited partnership, requesting approval of plans to install a wireless communication antenna on the roof and building facade of an existing hotel addressed as 21725 Gateway Center Drive. 2. The subject property is zoned Office Business Park (OB) and it contains 3.5 acres of land area. 3. The subject property is legally described as Lot 3, Tract 39679 and the Assessor Parcel Number (APN) is 8293-050-003. 4. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site. and at three other locations within the project vicinity. 5. On July 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and continued the hearing to August 8, 2006, at the request of the applicant. On August 8, 2006, the Planning Commission continued the public hearing to September 26, 2006, at the request of the applicant. The applicant requested the continuances so that they could obtain approval from the Gateway Center Owners Association. 6. On September 26, 2006, the Planning Commission conducted the continued public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 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 wildlife 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 information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and it complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located roof top and building facade wireless communication antenna is permitted in the Light Industrial zone with the issuance of a conditional use permit. (b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted in the OB (Office Business Park) zone and the proposed project is consistent with the goals and objectives of the adopted general plan and the Gateway Center Specific Plan. (c) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The roof mounted and building facade wireless communication antennas are to be screened from view in a manner consistent with the existing building architecture. 2 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 (d) 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 subject 3.54 acre site developed with a hotel is adequate in size to accommodate the additional roof mounted screened equipment and the facade mounted screened antennas. (e) 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. The proposed addition of a roof mounted screened wireless communication equipment and the screened facade mounted antennas will improve service to the general public. The facility is to be located on the roof and building facade of a multi -story hotel. The minor improvement will not be detrimental to the general public or the goals and objectives of the adopted general plan. DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site has an existing multi -story hotel. The proposed root mounted wireless communication equipment and the facade mounted screened antennas are consistent with the zone's development standards and design guidelines. (g) 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 addition of the proposed roof mounted screened communications equipment and the fagade mounted screened antennas will not impact the existing or future development of the site or the surrounding neighborhood. (h) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 3 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed roof mounted screened wireless communication equipment and the facade mounted screened antennas are consistent with the architecture of the existing building. The proposed addition will be screened from view from the surrounding neighborhood. (i) 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. The project's design is consistent with other multi -story hotels and office buildings in the neighborhood. The roof mounted equipment and the fagade mounted antennas will be screened from view from the surrounding parcels of land. (j) The proposed project 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. The proposed roof mounted communication equipment and the fagade mounted antennas will not negatively impact the public health, safety or general welfare. The added communication facilities will improve the general public's use of communication technology. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the screened wireless antenna. (3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 4 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 (5) 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. (6) The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the roof mounted antenna within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months b. Buildinq and Safetv Division (1) Fire Department approval may be required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (4) Applicant shall provide window and door schedule for Building and Safety plan check. (c) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". 5 Planning Commission Resolubon No. 2006-39 CUP 2006-07 & DR 2006-20 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 the applicant and the property owner. APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Ote Nelson, Vi 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 26th day of September 2006, by the following vote: AYES: Commissioners: Lee, Wei, Torrng, vc/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 6 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No.: Conditional Use Permit No. CUP 2006-07 and Development Review No. 2006-20 SUBJECT: Installation of screened roof mounted wireless communi-cation equipment and four facade mounted antennas PROPERTY Oak Creek Limited Partnership OWNER: APPLICANT: Royal Street communications, LLC LOCATION: 21725 Gateway Center Drive, Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-20 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-07 and Development Review No. 2006-20, 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 approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-39, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 8 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2006-07 & Development Review No. 2006-20 shallexpire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" dated September 26, 2006, including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted and facade mounted equipment shall be screened from public view. 9 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 E SOLID WASTE 1. 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. F. UTILITIES The proposed project shall be served underground by all public utilities. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 10 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. - End of Conditions - 11 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-2D PLANNING COMMISSION RESOLUTION NO. 2006-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-07 AND DEVELOPMENT REVIEW NO. 2006-20, FOR THE REQUEST TO INSTALL. ROOF AND WALL MOUNTED COMMUNICATION FACILITIES ON THE HOLIDAY INN BUILDING, LOCATED AT 21725 GATEWAY CENTER DRIVE -APN: 8293-050-003. A. RECITALS 1. The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner Oak Creek Limited partnership, requesting approval of plans to install a wireless communication antenna on the roof and building facade of an existing hotel addressed as 21725 Gateway Center Drive. 2. The subject property is zoned Office Business Park (OB) and it contains 3.5 acres of land area. 3. The subject property is legally described as Lot 3, Tract 39679 and the Assessor Parcel Number (APN) is 8293-050-003. 4. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily/ Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site. and at three other locations within the project vicinity. 5. On July 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and continued the hearing to August 8, 2006, at the request of the applicant. On August 8, 2006, the Planning Commission continued the public hearing to September 26, 2006, at the request of the applicant. The applicant requested the continuances so that they could obtain approval from the Gateway Center Owners Association. 6. On September 26, 2006, the Planning Commission conducted the continued public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 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 wildlife 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 information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and it complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located roof top and building facade wireless communication antenna is permitted in the Light Industrial zone with the issuance of a conditional use permit. (b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted in the OB (Office Business Park) zone and the proposed project is consistent with the goals and objectives of the adopted general plan and the Gateway Center Specific Plan. (c) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The roof mounted and building facade wireless communication antennas are to be screened from view in a manner consistent with the existing building architecture. Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 (d) 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 subject 3.54 acre site developed with a hotel is adequate in size to accommodate the additional roof mounted screened equipment and the facade mounted screened antennas. (e) 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. The proposed addition of a roof mounted screened wireless communication equipment and the screened facade mounted antennas will improve service to the general public. The facility is to be located on the roof and building facade of a multi -story hotel. The minor improvement will not be detrimental to the general public or the goals and objectives of the adopted general plan. DEVELOPMENT REVIEW M (9) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site has an existing multi -story hotel. The proposed roof mounted wireless communication equipment and the facade mounted screened antennas are consistent with the zone's development standards and design guidelines. 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 addition of the proposed roof mounted screened communications equipment and the facade mounted screened antennas will not impact the existing or future development of the site or the surrounding neighborhood. (h) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 3 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. U) The design of the proposed roof mounted screened wireless communication equipment and the facade mounted screened antennas are consistent with the architecture of the existing building. The proposed addition will be screened from view from the surrounding neighborhood. 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. The project's design is consistent with other multi -story hotels and office buildings in the neighborhood. The roof mounted equipment and the facade mounted antennas will be screened from view from the surrounding parcels of land. The proposed project 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. The proposed roof mounted communication equipment and the facade mounted antennas will not negatively impact the public health, safety or general welfare. The added communication facilities will improve the general public's use of communication technology. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the screened wireless antenna. (3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 4 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 (5) 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. (6) The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless technical considerations preclude that co -location. (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the roof mounted antenna within 90 -days of notification by the City. (8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months b. Building and Safety Division (1) Fire Department approval may be required. Please contact the Fire Department. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (4) Applicant shall provide window and door schedule for Building and Safety plan check. (c) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". 5 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 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 the applicant and the property owner. APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: " Au'I, tee Nelson, Vi 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 26th day of September 2006, by the following vote: AYES: Commissioners: Lee, Wei, Torng, VC/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 6 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No.: Conditional Use Permit No. CUP 2006-07 and Development Review No. 2006-20 SUBJECT: Installation of screened roof mounted wireless communi-cation equipment and four facade mounted antennas. PROPERTY Oak Creek Limited Partnership OWNER: APPLICANT: Royal Street communications, LLC LOCATION: 21725 Gateway Center Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-20 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-07 and Development Review No. 2006-20, 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 approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-39, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 8 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2006-07 & Development Review No. 2006-20 shall' expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" dated September 26, 2006, including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. :2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. :3. All roof mounted and facade mounted equipment shall be screened from public view. 9 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 E SOLID WASTE 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. F. UTILITIES 1. The proposed project shall be served underground by all public utilities. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 10 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. - End of Conditions 11 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20