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HomeMy WebLinkAboutPC 2007-09PLANNING COMMISSION RESOLUTION NO. 2007-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-16, DEVELOPMENT REVIEW NO. 2006-36, AND CATEGORICAL EXEMPTION 15301(e), A REQUEST CONSTRUCT AND CO -LOCATE A WIRELESS TELECOMMUNICATIONS FACILITY ON A NEW STRUCTURALLY MODIFIED PARK LIGHT POLE AND TO CONSTRUCT AN ENCLOSED EQUIPMENT BUILDING LOCATED AT PETERSON PARK, 24142 SYLVAN GLEN ROAD (APN 8704-056-902), DIAMOND BAR, CA A. RECITALS The property owner is the City of Diamond Bar and the City Council approved a lease agreement with the applicant on October 17, 2006. 2. The applicant, Royal Street Communications LLC, and applicant's agent Core Communications, Maree Hoeger, filed an application for Conditional Use Permit No. 2006-16, Development Review No. 2006-36, and categorical exemption for a co -location cell site at 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." 3. 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. 4. On February 13, 2007, 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 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 wireless 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. State Road 60 freeway is to the south. (d) The Application requests construction and co -location for a wireless telecommunications facility with six exposed antenna mounted on a new structurally modified park light pole consistent with the City's 1997 Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park. An enclosed equipment building to match existing park facilities is also part of the Application. 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. 2 Planning Commission Resolution No. 2007-09 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. 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 wireless telecommunications site has existed at Peterson Park since 1997. The park is an irregularly shaped nine (9) acre parcel. The co -location lease area is 12 feet by 18 feet excluding easements and not expected to hinder park users. The additional six (6) exposed antenna are installed approximately 9 feet below the existing New Cingular Wireless (AT&T) antenna on the light pole. An enclosed equipment building matches park structures. The monthly maintenance visits for the unmanned telecommunication facility generates minimal traffic and 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 wireless telecommunications 3 Planning Commission Resolution No. 2007-09 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. As referenced above in Items (e) through (h), the addition to the existing wireless telecommunications facility as amended herein complies with City standards and will improve cell phone service to the general public. The improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. (j) The proposed project has been ,reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 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 (0-(i), the existing wireless telecommunications facility as amended herein is consistent with the City's Design Guidelines, telecommunications development standards, and General Plan, and Parks Master Plan. (I) 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 additional co -location to the existing wireless telecommunications facility does not interfere with the use and enjoyment of neighboring 4 Planning Commission Resolution No. 2007-09 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. The additional antenna design is consistent with the existing wireless telecommunications facility and the new equipment structure matches 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 park structures as an addition to the existing wireless 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 wireless 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) 5 Planning Commission Resolution No. 2007-09 The City has determined that the Application is categorically exempt in accordance to 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 site specific conditions and attached Standard Conditions: (a) General The project shall substantially conform to Title Sheet, Topography Survey, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan and Details collectively labeled and referenced herein as Exhibit "A" dated February 13, 2007, as submitted to, amended herein, and approved by the Planning Commission. 2. The applicant shall remove the public hearing notice board within three days of this project's approval. 3. The Sheet A-1 shall be revised to indicate the adjacent City park parcel 8704-056-901 at the east property line. 4. The Applicants shall co-ordinate all construction activities with the Community Services Department, (909) 839-7060. 5. When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. 6. Prior to permit issuance, the lease shall be completed by all parties. 7. Applicant shall comply with all executed lease terms. 8. Applicant shall comply with all Federal, State and City regulations. 9. Prior to Building and Safety plan check submittal, the five (5) feet wide utility easement through the eastern ball field shall be moved to follow the western sidewalk; or an alternative solution acceptable to the Community Services Department may be approved by the City Manager. 6 Planning Commission Resolution No. 2007-09 10. 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. 11. Prior to Building and Safety plan check submittal, the new light pole structural details shall be reviewed and approved by the Musco Company (pole and light manufacturer) at the applicant's expense. Once approved bythe manufacturerto be consistent with the existing lighting, the applicants shall obtain the Community Services Director's approval. 12. The landscape plan shall be revised to replace Rainbird 5QB bubbler with Rainbird 1806 spray head. 13. The landscape plan shall be revised to include additional shrubs in like varieties to three (3) feet on center. 14. Prior to Building and Safety plan check submittal, irrigation and equipment shall be approved by Walnut Valley Water District (WVWD). District approval shall be submitted to the Planning Division and any modifications shall be reflected on the landscape plan. The District may require the water equipment to be painted with reclaimed colors. 15. Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. (b) Planning Division Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 2. Construction vendors shall place plywood on the access easement to prevent turf damage. The construction plans shall note the required plywood along the entire route. 3. Signs and advertising shall be prohibited on the wireless antenna. 4. No additional lighting shall be installed on the wireless antenna or associated equipment. 7 Planning Commission Resolution No. 2007-09 5. The equipment enclosure shall have an anti -graffiti coating. 6. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 7. 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. 8. 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 wireless telecommunications facility within 90 - days of notification by the City. 9. 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. 10. 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. 11. All cables and wiring for the telecommunication facility shall be underground. C. 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. 8 Planning Commission Resolution No. 2007-09 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: Royal Street Communications, LLC, 12900 Park Plaza Drive, Cerritos, CA 90703; APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Kathleen Nolan, Acting Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of February 2007, by the following vote: AYES: Commissioners: Wei, Lee, Acting Chairman Nolan NOES: Commissioners: None ABSENT: Commissioners: Chair/Nelson, VC/Torng ABSTAIN:. Commissioners: None ATTEST: 09 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS PROJECT #: Conditional Use Permit No.2006-16 and Development Review No. 2006-36 SUBJECT: Additions to Existing Wireless telecommunications Facility -Co -Location APPLICANT: Royal Street Communications LLC AGENTS: Attention: Core Communications, Maree Hoeger 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.2006-16, Development Review No. 2006-36 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. (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. 10 Planning Commission Resolution No. 2007-09 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. 2006-16 and Development Review No. 2006-36 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. Royal Street -Communications LLC, 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. 2007-09, 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 submittal all plans shall be revised incorporating all Conditions of 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. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS 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 11 Planning Commission Resolution No. 2007-09 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. 2006-16 and Development Review No. 2006-36 shall expire within two years from the approval date if the use has not been exercised as defined in accordance to 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 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. 12 Planning Commission Resolution No. 2007-09 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 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. 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. B. SOILS REPORT/GRADING/RETAINING WALLS (None required) C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The 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. 3. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel. 13 Planning Commission Resolution No. 2007-09 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Building square foot b. Building height C. Type of construction d. Group occupancy 6. Property line location in relation to each building (side yard). 7. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 8. Indicate all easements on the site plan. 9. Submit plans showing clearly all finish elevations and drainage. No building permits shall be issued prior to submitting a pad certification or Public Works Department approval. 10. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 12. Specify location of tempered glass as required by code. 13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTYFIRE 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. END 14 Planning Commission Resolution No. 2007-09 PLANNING COMMISSION RESOLUTION NO. 2007-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-16, DEVELOPMENT REVIEW NO. 2006-36, AND CATEGORICAL EXEMPTION 15301(e), A REQUEST CONSTRUCT AND CO -LOCATE A WIRELESS TELECOMMUNICATIONS FACILITY ON A NEW STRUCTURALLY MODIFIED PARK LIGHT POLE AND TO CONSTRUCT AN ENCLOSED EQUIPMENT BUILDING LOCATED AT PETERSON PARK, 24142 SYLVAN GLEN ROAD (APN 8704-056-902), DIAMOND BAR, CA A. RECITALS 1. The property owner is the City of Diamond Bar and the City Council approved a lease agreement with the applicant on October 17, 2006. 2. The applicant, Royal Street Communications LLC, and applicant's agent Core Communications, Maree Hoeger, filed an application for Conditional Use Permit No. 2006-16, Development Review No. 2006-36, and categorical exemption for a co -location cell site at 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." 3. 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. 4. On February 13, 2007, 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 wireless 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. State Road 60 freeway is to the south. (d) The Application requests construction and co -location for a wireless telecommunications facility with six exposed antenna mounted on a new structurally modified park light pole consistent with the City's 1997 Capital Improvement Project (CIP) for Sports Field Lighting at Peterson Park. An enclosed equipment building to match existing park facilities is also part of the Application. 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. 2 Planning Commission Resolution No. 2007-09 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. M (9) The proposed use is consistent with the General Plan and any applicable specific plan. 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. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The wireless telecommunications site has existed at Peterson Park since 1997. The park is an irregularly shaped nine (9) acre parcel. The co -location lease area is 12 feet by 18 feet excluding easements and not expected to hinder park users. The additional six (6) exposed antenna are installed approximately 9 feet below the existing New Cingular Wireless (AT&T) antenna on the light pole. An enclosed equipment building matches park structures. The monthly maintenance visits for the unmanned telecommunication facility generates minimal traffic and 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 wireless telecommunications 3 Planning Commission Resolution No. 2007-09 facility. The project site is compatible with the surrounding land uses and utilities exist. 0) 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. As referenced above in Items (e) through (h), the addition to the existing wireless telecommunications facility as amended herein complies with City standards and will improve cell phone service to the general public. The improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. 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) As referenced above in items (f) -(i), the existing wireless 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 additional co -location to the existing wireless telecommunications facility does not interfere with the use and enjoyment of neighboring 4 Planning Commission Resolution No. 2007-09 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. The additional antenna design is consistent with the existing wireless telecommunications facility and the new equipment structure matches 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 park structures as an addition to the existing wireless 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 wireless 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) 5 Planning Commission Resolution No. 2007-09 The City has determined that the Application is categorically exempt in accordance to 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 site specific conditions and attached Standard Conditions: (a) General 1 The project shall substantially conform to Title Sheet, Topography Survey, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan and Details collectively labeled and referenced herein as Exhibit "A" dated February 13, 2007, as submitted to, amended herein, and approved by the Planning Commission. 2. The applicant shall remove the public hearing notice board within three days of this project's approval. 3. The Sheet A-1 shall be revised to indicate the adjacent City park parcel 8704-056-901 at the east property line. 4. The Applicants shall co-ordinate all construction activities with the Community Services Department, (909) 839-7060. 5. When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. 6. Prior to permit issuance, the lease shall be completed by all parties. 7. Applicant shall comply with all executed lease terms. 8. Applicant shall comply with all Federal, State and City regulations. 9. Prior to Building and Safety plan check submittal, the five (5) feet wide utility easement through the eastern ball field shall be moved to follow the western sidewalk; or an alternative solution acceptable to the Community Services Department may be approved by the City Manager. 6 Planning Commission Resolution No. 2007-09 10. 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. 11. Prior to Building and Safety plan check submittal, the new light pole structural details shall be reviewed and approved by the Musco Company (pole and light manufacturer) at the applicant's expense. Once approved by the manufacturer to be consistent with the existing lighting, the applicants shall obtain the Community Services Director's approval. 12. The landscape plan shall be revised to replace Rainbird 5QB bubbler with Rainbird 1806 spray head. 13. The landscape plan shall be revised to include additional shrubs in like varieties to three (3) feet on center. 14. Prior to Building and Safety plan check submittal, irrigation and equipment shall be approved by Walnut Valley Water District (WVWD). District approval shall be submitted to the Planning Division and any modifications shall be reflected on the landscape plan. The District may require the water equipment to be painted with reclaimed colors. 15. Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. (b) Planning Division 1. Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 2. Construction vendors shall place plywood on the access easement to prevent turf damage. The construction plans shall note the required plywood along the entire route. 3. Signs and advertising shall be prohibited on the wireless antenna. 4. No additional lighting shall be installed on the wireless antenna or associated equipment. 7 Planning Commission Resolution No. 2007-09 5. The equipment enclosure shall have an anti -graffiti coating. 6. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 7. 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. 8. 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 wireless telecommunications facility within 90- days of notification by the City. 9. 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. 10. 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. 11. All cables and wiring for the 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. 8 Planning Commission Resolution No. 2007-09 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: Royal Street Communications, LLC, 12900 Park Plaza Drive, Cerritos, CA 90703; APPROVED AND ADOPTED THIS 13th DAY OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Kathleen Nolan, Acting Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of February 2007, by the following vote: AYES: Commissioners: Wei, Lee, Acting Chairman Nolan NOES: Commissioners: None ABSENT: Commissioners: chair/Nelson, VC/Torng ABSTAIN: Commissioners: None ATTEST: 9 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS PROJECT #: Conditional Use Permit No.2006-16 and Development Review No. 2006-36 SUBJECT: Additions to Existing Wireless telecommunications Facility -Co -Location APPLICANT: Royal Street Communications LLC AGENTS: Attention: Core Communications, Maree Hoeger 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 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.2006-16, Development Review No. 2006-36 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. (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. 10 Planning Commission Resolution No. 2007-09 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. 2006-16 and Development Review No. 2006-36 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. Royal Street- Communications LLC, 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. 2007-09, 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 submittal all plans shall be revised incorporating all Conditions of 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. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS 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 11 Planning Commission Resolution No. 2007-09 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. 2006-16 and Development Review No. 2006-36 shall expire within two years from the approval date if the use has not been exercised as defined in accordance to 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 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. 12 Planning Commission Resolution No. 2007-09 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 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. 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. B. SOILS REPORT/GRADING/RETAINING WALLS (None required) C. DRAINAGE 1 Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The 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. 3. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel. 13 Planning Commission Resolution No. 2007-09 4. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 5. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Building square foot b. Building height c. Type of construction d. Group occupancy 6. Property line location in relation to each building (side yard). 7. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 8. Indicate all easements on the site plan. 9. Submit plans showing clearly all finish elevations and drainage. No building permits shall be issued prior to submitting a pad certification or Public Works Department approval. 10. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 12. Specify location of tempered glass as required by code. 13. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTYFIRE 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. 2007-09