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HomeMy WebLinkAboutPC 2007-04PLANNING COMMISSION RESOLUTION NO. 2007-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-17, FOR THE REQUEST TO INSTALL A CO -LOCATED WIRELESS ANTENNA ON AN EXISTING MONOPOLE LOCATED AT THE DIAMOND BAR HIGH SCHOOL ATHLETIC FIELD LOCATED AT 21400 PATHFINDER ROAD—APN: 8285-001-901. A. RECITALS 1. The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner, Walnut Valley Unified School District, requesting approval of plans to install a wireless communication antenna on an existing 110 -foot high monopole located on the Diamond Bar High School athletic field addressed as 21400 Pathfinder Road. 2. The subject property is zoned R-1, (7,500) Single -Family Residential and it contains 44.8 acres of land area. 3. The subject property is legally described as Portion of Sections 20 and 21, Township 2 South, Range 9 West, San Bernardino Meridian, in the County of Los Angeles and the Assessor Parcel Number (APN) is 8285-001-901. 4. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site and at three other locations within the project vicinity. ��. On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and solicited testimony from all interested individuals. 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 Sections 15301 of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and it complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located wireless communication antenna and support equipment is permitted on the subject property pursuant to the provisions of the City's Telecommunications Facilities Opportunities Map with the issuance of a conditional use permit. (b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted on the subject School site in accordance with the provisions of the City's Telecommunications Facilities Opportunities Map and the proposed project is consistent with the goals and objectives of the adopted general plan. (c) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed co -location of the wireless telecommunications equipment are to be screened from view in a manner consistent with the City's design criteria and will, therefore, not impact existing and future land uses in the vicinity. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, 2 Planning Commission Resolution No. 2007-04 CUP 20D6-17 compatibility with adjoining land uses, and the absence of physical constraints. The subject 44.8 acre site developed with a public high school is adequate in size to accommodate the additional co -located monopole antenna and screened equipment. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed addition of a wireless antenna mounted on a monopole used to support athletic field lighting and an existing antenna will not be detrimental to the public interest, health, safety, convenience or welfare. Nor will the proposed project be injurious to persons, property or improvements in the vicinity and zoning district. The support equipment will be adequately screened from view. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $50.00 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. b. The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A." c. The ground mounted equipment shall be screened by a decorative and solid view -obscuring structure. Shrubs and vines shall be provided around the structure. The final design of the structure, the materials and the colors, and the landscaping shall be submitted for Community Development Director review and approval, prior to issuance of building permit. d. Applicant shall be responsible for maintaining the landscaping within the lease area. 3 Planning Commission Resolution No. 2007-04 CUP 2006-17 The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant and the property owner. APPROVED AND ADOPTED THIS 23rd DIAMOOF ND BAR. JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF By: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, ataregular meeting of the Planning Commission held on the 23rd day of January 2007, by the following AYES: Commissioners: vC/Torng, Nolan, Wei, Chair/Nelson. NOES: Commissioners: None. ABSENT: Commissioners: Lee. ABSTAIN: Commissioners_ None. ATTEST: ' Nancy Fong, S cretary 4 CUP 2006-17 COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. CUP 2006-17 SUBJECT: Wireless Communication Antenna APPLICANT: _ Royal Street Communication LOCATION: Diamond Bar Hiqh School 21400 Pathfinder Rd 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 2006-17 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. 5 Planning Commission Resolution No. 2007-04 CUP 2006-17 (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 2006-17, 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 ts approval shall not be effective until the applicants pay 9 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. 2007-04, 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 orbusiness completed activity commenced thereon, all conditions of approval shall 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. g. Approval of this request shall not waive compliance with all sections o f the Development Code, all other applicable City Ordinances, and an applicable Specific Plan in effect at the time of building permit issuance. g. All: site, grading, landscape, and irrigation 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 6 Planning Commission Resolution No. 2007-04 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit 2006-17 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 applicable: Planning Commission approval. D. SITE DEVELOPMENT 'I. 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" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping on file in the Planning Division, the conditions contained herein and the 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. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic 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. 7 Planning Commission Resolution No. 2007-04 CUP 2006-17 4. The applicant shall provide a method of emergency access to the subject cellular tower in a manner acceptable to the Fire Department. 5. The subject surface mounted equipment shall be screened from view by a solid 6 -foot high wall constructed of decorative material in a manner approved by the Director of Community Development. 6. Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 7. Signs and advertising shall be prohibited on the screened wireless antenna. g. No additional lighting shall be installed on the screened wireless antenna structure. 9. The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless technical considerations preclude that co -location. 10. 1 n the event that the antenna becomes inoperable applicant r hall ceasesto b remove the f roof or a period of six consecutive months the app mounted antenna within 90 -days of notification by the City. to 11. The applicant shall post o$5he0antenna in0 cash dwiththe evenhe Clty of that itDlceases amondBo rbe guarantee the removal operational for a period of six consecutive months 12. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittals, additional landscaping trees and shrubs are required to soften the appearance of the existing chain link fence from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. 3. Prior to plan check sumo ftallamat drials,pcollorgasze,on plan quanttyshall and be submitted with the typeplanting location. 4. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. 8 Planning Commission ResolutionCUP 200607 5. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 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 The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. B. QSOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. 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 fence 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 applicant and City inspector at least 48 hours prior to commencing construction operations. C. UTILITIES All utilities for the proposed project shall be installed underground in a manner acceptable to the City Engineer. 9 Planning Commission Resolution No. 2007-04 CUP 2006-17 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 4. Indicate all easements on the site plan. 5. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 6. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 7. 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. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End of Conditions 10 Planning Commission Resolution No. 2007-04 CUP 2006-17 PLANNING COMMISSION RESOLUTION NO. 2007-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-17, FOR THE REQUEST TO INSTALL A CO -LOCATED WIRELESS ANTENNA ON AN EXISTING MONOPOLE LOCATED AT THE DIAMOND BAR HIGH SCHOOL ATHLETIC FIELD LOCATED AT 21400 PATHFINDER ROAD- AP N : 8285-001-901. A. RECITALS The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner, Walnut Valley Unified School District, requesting approval of plans to install a wireless communication antenna on an existing 110 -foot high monopole located on the Diamond Bar High School athletic field addressed as 21400 Pathfinder Road. 2. The subject property is zoned R-1, (7,500) Single -Family Residential and it contains 44.8 acres of land area. 3. The subject property is legally described as Portion of Sections 20 and 21, Township 2 South, Range 9 West, San Bernardino Meridian, in the County of Los Angeles and the Assessor Parcel Number (APN) is 8285-001-901. 4. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site and at three other locations within the project vicinity. 5. On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and solicited testimony from all interested individuals. 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 Sections 15301 of the CEQA Guidelines. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and it complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located wireless communication antenna and support equipment is permitted on the subject property pursuant to the provisions of the City's Telecommunications Facilities Opportunities Map with the issuance of a conditional use permit. (b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted on the subject School site in accordance with the provisions of the City's Telecommunications Facilities Opportunities Map and the proposed project is consistent with the goals and objectives of the adopted general plan. (c) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed co -location of the wireless telecommunications equipment are to be screened from view in a manner consistent with the City's design criteria and will, therefore, not impact existing and future land uses in the vicinity. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, 2 Planning Commission Resolution No. 2007-04 CUP 2006-17 compatibility with adjoining land uses, and the absence of physical constraints. The subject 44.8 acre site developed with a public high school is adequate in size to accommodate the additional co -located monopole antenna and screened equipment. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed addition of a wireless antenna mounted on a monopole used to support athletic field lighting and an existing antenna will not be detrimental to the public interest, health, safety, convenience or welfare. Nor will the proposed project be injurious to persons, property or improvements in the vicinity and zoning district. The support equipment will be adequately screened from view. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $50.00 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. b. The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A." c. The ground mounted equipment shall be screened by a decorative and solid view -obscuring structure. Shrubs and vines shall be provided around the structure. The final design of the structure, the materials and the colors, and the landscaping shall be submitted for Community Development Director review and approval , prior to issuance of building permit. d. Applicant shall be responsible for maintaining the landscaping within the lease area. 3 Planning Commission Resolution No. 2007-04 CUP 2006-17 The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant and the property owner. APPROVED AND ADOPTED THIS 23rd DAY OF JANUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ( U /AiIA'Wr 2 --- 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 23rd day of January 2007, by the following vote: AYES: Commissioners: VC/Torng, Nolan, Wei, Chair/Nelson. NOES: Commissioners: None. ABSENT: Commissioners: Lee. ABSTAIN: Commissioners: None. ATTEST: 4 CUP 2006-17 COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. CUP 2006-17 SUBJECT: Wireless Communication Antenna APPLICANT: Royal Street Communication LOCATION: Diamond Bar High School 21400 Pathfinder Rd. 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. (3ENERAL REQUIREMENTS 11. 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 2006-17 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. 5 Planning Commission Resolution No. 2007-04 CUP 2006-17 (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 2006-17, 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. 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. 2007-04, 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, and irrigation 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 6 Planning Commission Resolution No. 2007-04 CUP 2006-17 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 priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit 2006-17 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 applicable: Planning Commission approval. D. SITE DEVELOPMENT 'I. 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" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping on file in the Planning Division, the conditions contained herein and the 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. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic 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. 7 Planning Commission Resolution No. 2007-04 CUP 2006-17 4. The applicant shall provide a method of emergency access to the subject cellular tower in a manner acceptable to the Fire Department. 5. The subject surface mounted equipment shall be screened from view by a solid 6 -foot high wall constructed of decorative material in a manner approved by the Director of Community Development. 6. Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 7. Signs and advertising shall be prohibited on the screened wireless antenna. 8. No additional lighting shall be installed on the screened wireless antenna structure. 9. The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless technical considerations preclude that co -location. 10. I n the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the roof mounted antenna within 90 -days of notification by the City. 11. 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 12. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittals, additional landscaping trees and shrubs are required to soften the appearance of the existing chain link fence from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. 3. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location. 4. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. 8 Planning Commission Resolution No. 2007-04 CUP 2006-17 Ei. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 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. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. B. SOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. 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 fence 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 applicant and City inspector at least 48 hours prior to commencing construction operations. C. UTILITIES 1. All utilities for the proposed project shall be installed underground in a manner acceptable to the City Engineer. 9 Planning Commission Resolution No. 2007-04 CUP 2006-17 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P..H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 4. Indicate all easements on the site plan. 5. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1 /4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 6. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 7. 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. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End of Conditions 10 Planning Commission Resolution No. 2007-04 CUP 2006-17