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HomeMy WebLinkAboutPC 2006-49PLANNING COMMISSION RESOLUTION NO. 2006-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-01, DEVELOPMENT REVIEW NO. 2006-01, AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT ADDITIONAL ANTENNA BEHIND THOSE EXISTING ON THE PARK'S LIGHT POLE AND MODIFY THE FENCED EQUIPMENT AREA TO AN ENCLOSED BUILDING AT PETERSON PARK, 24142 SYLVAN GLEN ROAD (APN 8704-056-902), DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar, applicant, New Cingular Wireless, PCC, LLC, and applicant agent Wireless Development Resources, filed an application for Conditional Use Permit No. 2006-01, Development Review No. 2006-01, and categorical exemption located in Peterson Park, 24142 Sylvan Glen Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On November 28, 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. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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: (a) The project site is the existing telecommunications facility at the south side of Peterson Park, 24142 Sylvan Glen Road (APN 8704-056-902), Diamond Bar, California. The park is approximately nine (9) acres. (b) The General Plan Land Use designation is Park (PF). Open Space (OS) is the zone. (c) Single-family and Multi -family residential zones and uses are to the north, east and west. SR 60 freeway is to the south. (d) The Application requests construction of additional antenna behind those existing on the park's light pole and to modify the fenced equipment area to an enclosed building. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. The addition to the unmanned wireless telecommunications facility is permitted in the Open Space zone with a Conditional Use Permit approval and as amended herein complies with other applicable Municipal Code provisions. (f) The proposed use is consistent with the General Plan and any applicable specific plan. E The site's General Plan Land Use designation is Park (PK). The project use is consistent with the adopted General Plan's Objectives and Strategies and the Parks Master Plan. The existing use is at the park's south side next to the freeway and innocuous since 1997 when established. (g) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The telecommunications site has existed at Peterson Park since 1997. The park is an irregularly shaped nine (9) acre parcel. The revised .lease area is approximately 29 feet x 12 feet and not expected to hinder park users. The additional eight (8) antenna stacked one behind another on the light pole replicate the existing design. The fenced equipment area will be removed and replaced with the more aesthetic enclosed block building to house the equipment matches park facilities. The monthly maintenance visits for the unmanned telecommunication facility generates minimal traffic, does not create a new lighting source or operational noise. Federal Communications Commission (FCC) compliance is mandatory and it is unlikely that the facility will have a negative impact on the single-family residential neighborhood adjacent to the project site. Therefore, the project's design, location, size and operational characteristics, as conditioned, are compatible with the existing and future land uses in the vicinity. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. Golden Springs Drive and Sylvan Glen Road adequately serve the park's nine acre site with the existing telecommunications facility. The project site is compatible with the surrounding land uses and utilities exist. (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 3 As referenced above in Items (e) through (h), the addition to the existing telecommunications facility as amended herein complies with City standards and will improve cell phone service to the general public. The minor improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. Q} The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). DEVELOPMENT REVIEW (k) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) As referenced above in Items (t) -(i), the existing telecommunications facility as amended herein is consistent with the City's Design Guidelines, telecommunications development standards, and General Plan, and Parks Master Plan. (1) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. As referenced in Items (g) above, the design and layout of the addition to the existing telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and the monthly maintenance does not create traffic or pedestrian hazards. (m) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the City's Development Code Chapter 22.48, the General Plan, or any applicable specific plan. 2 The additional antenna design is consistent with the existing telecommunications facility and the new equipment structure matches other park structures. The facility's location at the park's south side adjacent to the freeway meets development standards, the General Plan, and the Parks Master Plan. (n) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in Items (e) through (m), the additional antenna and equipment building that matches existing park structures as an addition to the existing telecommunications facility complies with City standards and will improve cell phone service to the general public. The minor improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. (o) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. As referenced in Item (g), the telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) General The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. 5 2. The applicant shall remove the public hearing notice board within three days of this project's approval. 3. The Applicants shall co-ordinate all construction activities with the Community Development Department, (909) 839-7060. 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. Prior to permit issuance, the lease shall be completed by all parties. 6. Applicant shall comply with all executed lease terms. 7. Applicant shall comply with all Federal, State and City regulations. 8. 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. (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 wireless antenna. 3. No additional lighting shall be installed on the wireless antenna 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 no 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. 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. 7. Prior to permit issuance, 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. 8. Prior to permit issuance, the applicant shall replenish the deposit funds for on-going maintenance and repairs in an amount to be determined by the Community Services Director. 9. Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. 10. All cables and wiring for the telecommunication facility shall be underground. Building and Safety Division 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: New Cingular Wireless PCS, LLC, 12900 Park Plaza Drive, Cerritos, CA 90703; and Wireless Development Resources, LLC, Attention: Mr. John Talbot and Mr. J -Daniel Fox, P.O. Box 8823, Newport Beach, CA 92660. 7 APPROVED AND ADOPTED THISthDAOF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OFDIAMOND By: 04�-- - Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, of November 2006, by the folow ng'ng votefthePlanning Commission held on the 28 day AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Chair/Nelson; Nolan; Lee; Wei Commissioners: None Commissioners: vC/Torng Commissioners: None 0 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2006-01 & Development Review No. 2006-01 SUBJECT: Additions to Existing Telecommunications Facility APPLICANT: Cingular Wireless (Previously LA Cellular and AT&T Wireless) APPLICANT'S MMI Titan and Wireless Development Resources LLC AGENTS: Attention: Mr. John Talbot and Mr. J -Daniel Fox LOCATION: Diamond Bar's Peterson Park 24142 Sylvan Glen Road 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.2006-01, Development Review No. 2006-01 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. 111 (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. 2006-01 and Development Review No. 2006-01 at the City of Diamond Bar Community Development 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. Cingular Wireless, the application's agents, designers, architects, engineers, and contractors associated with this project site shall obtain a Diamond Bar Business Registration and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-49, 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 10. 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. 2006-01 and Development Review No. 2006-01 shall expire within two years from the approval date if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request a one year time extension in writing 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, referenced herein as Exhibit "A" on file in the Planning Division, the conditions contained herein, and 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. 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 11 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 detailing erosion control measures. These measures shall be implemented during construction between October Vt 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. Construction activities and the transportation of equipment and materials and operation of heavy equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by 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. APPLICANT SHALL CONTACT COMPLIANCE WITH THEILDING AND SAFETY FOLLOWING CONDITIONS: IVISION, (909) 839-7020, FOR CO 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 antenna 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 12 and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official. 5. Project shall comply with Title 24 Accessibility Requirements and be shown on plans, including path of travel, van accessible parking, etc. 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. 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. PLANNING COMMISSION RESOLUTION NO. 2006-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-01, DEVELOPMENT REVIEW NO. 2006-01, AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT ADDITIONAL ANTENNA BEHIND THOSE EXISTING ON THE PARK'S LIGHT POLE AND MODIFY THE FENCED EQUIPMENT AREA TO AN ENCLOSED BUILDING AT PETERSON PARK, 24142 SYLVAN GLEN ROAD (APN 8704-056-902), DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar, applicant, New Cingular Wireless, PCC, LLC, and applicant agent Wireless Development Resources, filed an application for Conditional Use Permit No. 2006-01, Development Review No. 2006-01, and categorical exemption located in Peterson Park, 24142 Sylvan Glen Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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: (a) The project site is the existing telecommunications facility at the south side of Peterson Park, 24142 Sylvan Glen Road (APN 8704-056-902), Diamond Bar, California. The park is approximately nine (9) acres. (b) The General Plan Land Use designation is Park (PF). Open Space (OS) is the zone. (c) Single-family and Multi -family residential zones and uses are to the north, east and west. SR 60 freeway is to the south. (d) The Application requests construction of additional antenna behind those existing on the park's light pole and to modify the fenced equipment area to an enclosed building. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. (f) The addition to the unmanned wireless telecommunications facility is permitted in the Open Space zone with a Conditional Use Permit approval and as amended herein complies with other applicable Municipal Code provisions. The proposed use is consistent with the General Plan and any applicable specific plan. 2 The site's General Plan Land Use designation is Park (PK). The project use is consistent with the adopted General Plan's Objectives and Strategies and the Parks Master Plan. The existing use is at the park's south side next to the freeway and innocuous since 1997 when established. (9) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The telecommunications site has existed at Peterson Park since 1997. The park is an irregularly shaped nine (9) acre parcel. The revised .lease area is approximately 29 feet x 12 feet and not expected to hinder park users. The additional eight (8) antenna stacked one behind another on the light pole replicate the existing design. The fenced equipment area will be removed and replaced with the more aesthetic enclosed block building to house the equipment matches park facilities. The monthly maintenance visits for the unmanned telecommunication facility generates minimal traffic, does not create a new lighting source or operational noise. Federal Communications Commission (FCC) compliance is mandatory and it is unlikely that the facility will have a negative impact on the single-family residential neighborhood adjacent to the project site. Therefore, the project's design, location, size and operational characteristics, as conditioned, are compatible with the existing and future land uses in the vicinity. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. Golden Springs Drive and Sylvan Glen Road adequately serve the park's nine acre site with the existing telecommunications facility. The project site is compatible with the surrounding land uses and utilities exist. 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. 3 As referenced above in items (e) through (h), the addition to the existing telecommunications facility as amended herein complies with City standards and will improve cell phone service to the general public. The minor improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. 0) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). DEVELOPMENT REVIEW (k) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (1) (m) As referenced above in Items (t) -(i), the existing telecommunications facility as amended herein is consistent with the City's Design Guidelines, telecommunications development standards, and General Plan, and Parks Master Plan. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. As referenced in Items (g) above, the design and layout of the addition to the existing telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and the monthly maintenance does not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the City's Development Code Chapter 22.48, the General Plan, or any applicable specific plan. 4 The additional antenna design is consistent with the existing telecommunications facility and the new equipment structure matches other park structures. The facility's location at the park's south side adjacent to the freeway meets development standards, the General Plan, and the Parks Master Plan. (n) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in Items (e) through (m), the additional antenna and equipment building that matches existing park structures as an addition to the existing telecommunications facility complies with City standards and will improve cell phone service to the general public. The minor improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. (o) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. (p) As referenced in Item (g), the telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) General The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. 5 2. The applicant shall remove the public hearing notice board within three days of this project's approval. 3. The Applicants shall co-ordinate all construction activities with the Community Development Department, (909) 839-7060. 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. Prior to permit issuance, the lease shall be completed by all parties. 6. Applicant shall comply with all executed lease terms. 7. Applicant shall comply with all Federal, State and City regulations. 8. 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. (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 wireless antenna. 3. No additional lighting shall be installed on the wireless antenna 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 6 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. 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. 7. Prior to permit issuance, 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. 8. Prior to permit issuance, the applicant shall replenish the deposit funds for on-going maintenance and repairs in an amount to be determined by the Community Services Director. 9. Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. 10. All cables and wiring forthe telecommunication facility shall be underground. c. 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) (b) Certify to the adoption of this Resolution; and Forthwith transmit a certified copy of this Resolution, by certified mail to: New Cingular Wireless PCS, LLC, 12900 Park Plaza Drive, Cerritos, CA 90703; and Wireless Development Resources, LLC, Attention: Mr. John Talbot and Mr. 3 -Daniel Fox, P.O. Box 8823, Newport Beach, CA 92660. 7 APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve 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 28th day of November 2006, by the following vote: AYES: Commissioners: Chair/Nelson; Nolan; Lee; Wei NOES: Commissioners: None ABSENT: Commissioners: VC/Torng ABSTAIN: Commissioners: ATTEST: None 8 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS AND REMODELED STRUCTURES PROJECT #: SUBJECT: APPLICANT: APPLICANT'S AGENTS: LOCATION: Conditional Use Permit No.2006-01 & Development Review No. 2006-01 Additions to Existing Telecommunications Facility Cingular Wireless (Previously LA Cellular and AT&T Wireless) MMI Titan and Wireless Development Resources, LLC, Attention: Mr. John Talbot and Mr. 3 -Daniel Fox Diamond Bar's Peterson Park, 24142 Sylvan Glen Road, 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 i . I n 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.2006-01, Development Review No. 2006-01 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 (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. 2006-01 and Development Review No. 2006-01 at the City of Diamond Bar Community Development 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. Cingular Wireless, the application's agents, designers, architects, engineers, and contractors associated with this project site shall obtain a Diamond Bar Business Registration and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-49, 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 10. 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. 2006-01 and Development Review No. 2006-01 shall expire within two years from the approval date if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request a one year time extension in writing 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, referenced herein as Exhibit "A" on file in the Planning Division, the conditions contained herein, and 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. 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 11 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 detailing erosion control measures. These measures shall be implemented during construction between October 1 st 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. Construction activities and the transportation of equipment and materials and operation of heavy equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by 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. 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 antenna 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 12 and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official. 5. Project shall comply with Title 24 Accessibility Requirements and be shown on plans, including path of travel, van accessible parking, etc. 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 13