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HomeMy WebLinkAboutPC 2006-47PLANNING COMMISSION RESOLUTION NO. 2006-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-03, DEVELOPMENT REVIEW NO. 2006-16 AND VARIANCE NO. 2006-05, A REQUEST TO INSTALL A TELECOMMUNICATION FACILITY AT THE DIAMOND BAR CENTERISUMMITRIDGE PARK LOCATED AT 1600 GRAND AVENUE (APNs: 8701-059-905 AND 906), DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar and applicant, T-Mobile/Nextel have filed an application for Conditional Use Permit No. 2006-03, Development Review No. 2006-16, Variance No. 2006-05 and categorical exemption for a telecommunication facility to be located at the Diamond Bar Center/Summitridge Park, 1600 Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Variance and categorical exemption shall be referred to as the "Application." 2 On November 2, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 30, 2006, public hearing notices were mailed to approximately 188 property owners within a 700 -foot radius of the project site and public notice at the City's designated community posting sites. Furthermore, on November 2, 2006, the project site was posted with a display board. 3 On November 14, 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. 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) in accordance to Section 15303 (d) of the CEQA Guidelines. 3. The Planning Commission hereby specificallyincluding and determines set forth having considered the record as a whole g the findings ngs 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) Telecommunication facilities may be allowed in the RPD -20,000-2U zoning district in public parks. A Conditional Use Permit approval is required for a telecommunication facility with multiple antennas and co -location on same site. The proposed projects meets this criteria; hence a Conditional Use Permit approval. Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code with the exception of the height of the antennas which is discussed in the Variance section of this resolution. (b) The proposed project consist of the installation of a telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the Diamond Bar Center. The antennas camouflage as an elm tree and the additional required trees will assist in blending the antennas with the park vegetation. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (c) The proposed telecommunication facility's location is consistent with the City' Telecommunication Facility Map which identifies public parks as a location for this type of use. The antennas are camouflaged in a monoelm. The one building will house the ground equipment needed to operate the facilities. The building's colors and materials will 2 Planning Commission Resolution No. 2006-47 replicate the Diamond Bar Center at Summitridge Park and is consistent with homes in the neighborhood. The park is a total of 26 acres and can accommodate the proposed use. The proposed facility is unmanned and operates twenty-four hours a day, seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in Items (a) through (c), the project 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. (e) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. 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. DEVELOPMENT REVIEW (f) As discussed above in Items (b) and (c), 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.) (g) As discussed above in Items (a) through (c) and (d), 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 (h) As discussed above in Items (a) through (c), and (d), 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 Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. (i) As discussed above in Items (a) through (c), and (d), the design of the proposed development will provide a desirable environment for its 3 Planning Commission Resolution No. 2006-47 occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (j) As discussed above in Items (a) through (c), and (d) and prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. 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. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. VARIANCE (k) 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/clear line of sight. The maximum height of a structure in the RPD -20,000-2U zoning district is 35 feet. However, the proposed monoelm is 45 feet in height. According to the applicant and their studies, the 45 foot height is necessary at the proposed location to provide adequate coverage due to line -of -sight interaction with existing facilities, surrounding topography and physical obstructions that would block the antennas from sending and receiving signals at 35 feet. The 45 feet high antennas will provide Diamond Bar with improved coverage. Additionally, the City Telecommunication Facilities Map specifies public parks as a location where telecommunications facilities may be located. (I) Granting the Variance allows the proposed telecommunication facility to increasing number of subscribers. This wireless telecom- munications 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 4 Planning Commission Resolution No. 2006-47 City of Diamond Bar there are other such facilities located within a residential zone. Futhermore, the City Telecommunication Facilities Map specifies public parks as a location where telecommunication facilities may be located. (m) As referenced in Item (b) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) 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. (o) In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (d), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated November 14, 2006, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations (3) 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, 5 Planning Commission Resolution No. 2006-47 (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. b. 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. (5) If the Department of Fish and Game determines that Fish and Game 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 must consent to the future co -location of facilities on the monoelm and in the equipment building 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 telecommunications facility 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 (9) The path to the equipment building shall be constructed from decomposed granite. Said path shall not cross any property lines. 6 Planning Commission Resolution No. 2006-47 Prior to the issuance of any City Permits, the applicant shall submit a revised site plan delineating the path's location for the City's review and approval. (10) Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. Prior to the issuance of a City permit, the applicant shall submit a landscape and irrigation plan reflecting the replacement materials and show that acacia plants shall be replaced with 15 gallon size, planted 20 feet on center. Additionally, scrub oaks shall not be removed. 01) All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the Diamond Bar Center. (13) Damaged or broken fronds or leaves shall be replaced with 30 days from the date of damage. (14) Exposed tree trunk shall not be higher than 16 feet. (15) Prior to plan check submittal, the applicant shall provide for Planning Division review and approval a detailed cross section at two foot intervals for each tree and 2.6 branches per lineal whirl to ensure foliage density. I" . Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. 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: T-Mobil/Omnipoint Communications, Inc., 3 Imperial Promenade, Ste, 1100, Santa Ana, CA 92707 and Nextel/Lior Avraham, 310 Commerce Dr., Ste. 100, Irvine, Ca 90033. 7 Planning Commission Resolution No. 2006-47 APPROVED AND ADOPTED THIS 14th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: j k� ��— teve Nelson, hairman 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 14th day of November 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner ATTEST: Nancy o Secret ry VC/Torng; Nolan, Lee; Wei; Chair/Nelson None None None 8 Planning Commission Resolution No. 2006-47 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 SUBJECT: Telecommunications Facility APPLICANT: T-Mobile/Nextel LOCATION: Diamond Bar Center/Summitridae Park 1600 Grand Avenue 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 Conditional Use Permit No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 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: (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. 9 Planning Commission Resolution No. 2006-47 (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.2006-03, Development Review No. 2006-16 and Variance No. 2006-05, 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. 2006-47, 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. All site, grading, landscape, irrigation, and elevation plans 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. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 10 Planning Commission Resolution No. 2006-47 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 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.2005-08, Development Review No. 2005-40 and Variance No. 2006-03 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to 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 labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and irrigation 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 structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 11 Planning Commission Resolution No. 2006-47 4. Retaining walls shall not exceed an exposed height of six feet seven inches as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from split face F. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORTIGRADINGIRETAINING WALLS Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 12 Planning Commission Resolution No. 2006-47 2. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 3. All equipment staging areas shall be located on the project site and the location shall be approved by the City prior to the issuance of any City permits. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 3. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 4. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 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. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed 13 Planning Commission Resolution No. 2006-47 Architect/Engineer with wet stamp and signature. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 . Emergency access shall be provide, dctlon in accordance with Faining free and ee Department , a minimum 28 foot at all times during constru requirements. 2. Prior to the issuance of any building e Fire rmits for Departmentbhatlbemporary water le construction, evidence shall be submitted to th supply for fire protection is available pending completion of the required fire protection system. END 14 Planning Commission Resolution No. 2006-47 PLANNING COMMISSION RESOLUTION NO. 2006-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-03, DEVELOPMENT REVIEW NO. 2006-16 AND VARIANCE NO. 2006-05, A REQUEST TO INSTALL A TELECOMMUNICATION FACILITY AT THE DIAMOND BAR CENTER/SUMMITRIDGE PARK LOCATED AT 1600 GRAND AVENUE (APNs: 8701-059-905 AND 906), DIAMOND BAR, CA A. RECITALS 1 The property owner, City of Diamond Bar and applicant, T-Mobile/Nextel have filed an application for Conditional Use Permit No. 2006-03, Development Review No. 2006-16, Variance No. 2006-05 and categorical exemption for a telecommunication facility to be located at the Diamond Bar Center/Summitridge Park, 1600 Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Variance and categorical exemption shall be referred to as the "Application." 2 On November 2, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 30, 2006, public hearing notices were mailed to approximately 188 property owners within a 700 -foot radius of the project site and public notice at the City's designated community posting sites. Furthermore, on November 2, 2006, the project site was posted with a display board. 3 On November 14, 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Section 15303 (d) 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) Telecommunication facilities may be allowed in the RPD -20,000-2U zoning district in public parks. A Conditional Use Permit approval is required for a telecommunication facility with multiple antennas and co -location on same site. The proposed projects meets this criteria; hence a Conditional Use Permit approval. Additionally, the proposed project complies with other applicable provisions of the Development Code and Municipal Code with the exception of the height of the antennas which is discussed in the Variance section of this resolution. (b) The proposed project consist of the installation of a telecommunication facility consistent with the surround neighborhood in that the materials and colors used and design of the equipment buildings are consistent with homes in the neighborhood and the Diamond Bar Center. The antennas camouflage as an elm tree and the additional required trees will assist in blending the antennas with the park vegetation. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1 -new developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines. (c) The proposed telecommunication facility's location is consistent with the City' Telecommunication Facility Map which identifies public parks as a location for this type of use. The antennas are camouflaged in a monoelm. The one building will house the ground equipment needed to operate the facilities. The building's colors and materials will 2 Planning Commission Resolution No. 2006-47 replicate the Diamond Bar Center at Summitridge Park and is consistent with homes in the neighborhood. The park is a total of 26 acres and can accommodate the proposed use. The proposed facility is unmanned and operates twenty-four hours a day, seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in Items (a) through (c), the project 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. (e) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. 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. DEVELOPMENT REVIEW M (g) As discussed above in Items (b) and (c), 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.) As discussed above in Items (a) through (c) and (d), 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 (h) As discussed above in Items (a) through (c), and (d), 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 Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. As discussed above in Items (a) through (c), and (d), the design of the proposed development will provide a desirable environment for its 3 Planning Commission Resolution No. 2006-47 occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. 0) VARIANCE As discussed above in Items (a) through (c), and (d) and prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. 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. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. (k) 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/clear line of sight. (I) The maximum height of a structure in the RPD -20,000-2U zoning district is 35 feet. However, the proposed monoelm is 45 feet in height. According to the applicant and their studies, the 45 foot height is necessary at the proposed location to provide adequate coverage due to line -of -sight interaction with existing facilities, surrounding topography and physical obstructions that would block the antennas from sending and receiving signals at 35 feet. The 45 feet high antennas will provide Diamond Bar with improved coverage. Additionally, the City Telecommunication Facilities Map specifies public parks as a location where telecommunications facilities may be located. Granting the Variance allows the proposed telecommunication facility to increasing number of subscribers. This wireless telecom- munications 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 4 Planning Commission Resolution No. 2006-47 City of Diamond Bar there are other such facilities located within a residential zone. Futhermore, the City Telecommunication Facilities Map specifies public parks as a location where telecommunication facilities may be located. (m) As referenced in Item (b) above, granting the Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) 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. (o) In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (d), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated November 14, 2006, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) 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. 5 Planning Commission Resolution No. 2006-47 (4) When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. b. Planning Division (1) (2) Signs and advertising shall be prohibited on the screened wireless antenna. I (3) (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. (5) (6) The applicant must consent to the future co -location of facilities on the monoelm and in the equipment building unless technical considerations preclude that co -location. (7) (8) (9) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. No additional lighting shall be installed on the screened wireless antennas or associated equipment. If the Department of Fish and Game determines that Fish and Game 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. 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 telecommunications facility within 90 -days of notification by the City. 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 The path to the equipment building shall be constructed from decomposed granite. Said path shall not cross any property lines. 6 Planning Commission Resolution No. 2006-47 Prior to the issuance of any City Permits, the applicant shall submit a revised site plan delineating the path's location for the City's review and approval. C. (10) Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. Prior to the issuance of a City permit, the applicant shall submit a landscape and irrigation plan reflecting the replacement materials and show that acacia plants shall be replaced with 15 gallon size, planted 20 feet on center. Additionally, scrub oaks shall not be removed. (11) All cables and wiring for the telecommunication facility shall be underground. (12) All material and colors used for the equipment building shall match the Diamond Bar Center. (13) Damaged or broken fronds or leaves shall be replaced with 30 days from the date of damage. (14) Exposed tree trunk shall not be higher than 16 feet. (15) Prior to plan check submittal, the applicant shall provide for Planning Division review and approval a detailed cross section at two foot intervals for each tree and 2.6 branches per lineal whirl to ensure foliage density. Building and Safety Division (1) (2) Applicant shall provide temporary sanitation facilities while under construction. Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. 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: T-Mobil/Omnipoint Communications, Inc., 3 Imperial Promenade, Ste. 1100, Santa Ana, CA 92707 and Nextel/Lior Avraham, 310 Commerce Dr., Ste. 100, Irvine, Ca 90033. 7 Planning Commission Resolution No. 2006-47 APPROVED AND ADOPTED THIS 14th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: IJA teve Nelson, 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 14th day of November 2006, by the following vote: AYES: Commissioner: VC/Torng; Nolan, Lee; Wei; Chair/Nelson NOES: Commissioner: None ABSENT: Commissioner: None ABSTAIN: Commissioner: None ATTEST: 8 Planning Commission Resolution No. 2006-47 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 SUBJECT: Telecommunications Facility APPLIICANT: T-Mobile/Nextel LOCATION: Diamond Bar Center/Summitridge Park, 1600 Grand Avenue, 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 Conditional Use Permit No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 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: (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. 9 Planning Commission Resolution No. 2006-47 (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.2006-03, Development Review No. 2006-16 and Variance No. 2006-05, 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. 2006-47, 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. All site, grading, landscape, irrigation, and elevation plans 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. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 10 Planning Commission Resolution No. 2006-47 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 1. The approval of Conditional Use Permit No.2005-08, Development Review No. 2005-40 and Variance No. 2006-03 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to 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 labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and irrigation 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 structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 11 Planning Commission Resolution No. 2006-47 4. Retaining walls shall not exceed an exposed height of six feet seven inches as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from split face F. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1 An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADINGIRETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 12 Planning Commission Resolution No. 2006-47 2. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 3. All equipment staging areas shall be located on the project site and the location shall be approved by the City prior to the issuance of any City permits. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 2. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 3. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 4. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 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. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The applicant shall submit drawings and calculations prepared by a California State licensed 13 Planning Commission Resolution No. 2006-47 Architect/Engineer with wet stamp and signature. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 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. 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 14 Planning Commission Resolution No. 2006-47