HomeMy WebLinkAboutPC 2007-50PLANNING COMMISSION
RESOLUTION NO. 2007-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, DENYING CONDITIONAL USE PERMIT
NO. 2007-09, DEVELOPMENT REVIEW NO. 2007-22 AND VARIANCE
NO. 2007-05, A REQUEST TO INSTALL A TELECOMMUNICATION
FACILITY AT RONALD REAGAN PARK LOCATED AT 2201 PEACEFUL
HILLS ROAD (APN: 8765-015-900), DIAMOND BAR, CA
A. RECITALS
I. The property owner, City of Diamond Bar, and applicant, Sprint Nextel
Corporation, have filed applications for Conditional Use Permit No. 2007-09,
Development Review No. 2007-22, and Variance No. 2007-05 for a wireless
telecommunications facility to be located at Ronald Regan Park,
2201 Peaceful Hills Road, Diamond Bar, Los Angeles County, California
("Project Site").
2. The proposed telecommunications facility consists of a 35 -foot tall monopole,
a 200 square -foot equipment building and related improvements, and is also
referred to in this Resolution as the "Proposed Use."
3. Notification of the public hearing for the Proposed Use was provided in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
Public hearing notices were mailed to approximately 188 property owners
within a 700 -foot radius of the Project Site and public notice was posted at
the City's designated community posting sites. Furthermore, the Project Site
was posted with a display board.
4. On July 24, 2007, and August 14, 2007, the Planning Commission of the City
of Diamond Bar conducted duly noticed public hearings and continued the
matter to September 25, 2007. The continuances were provided to allow the
applicant time to provide additional information regarding the service area for
the Proposed Use, and to consider alternate locations, including co -location
opportunities.
5. On September 25, 2007, after receiving additional public input, the Planning
Commission of the City of Diamond Bar concluded said hearing.
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. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
CONDITIONAL USE PERMIT FINDINGS (DBC X22.58.040
(a) Granting the Conditional Use Permit will be detrimental to the public
interest in the vicinity and zoning district in which the property is
located in that the Proposed Use does not, and without good cause,
conform to the following locational preferences as set forth in
Development Code Section 22.42.130 (item i. being the most
preferred):
Co -located with an existing facility or located at a pre -approved
location.
Attached to an existing structure, such as a building,
communication tower, church steeple, or utility pole or tower.
iii. Located in an industrial/business park zoning district.
iv. Located in a commercial zoning district.
The applicant has not provided evidence that co -location sites would
not provide adequate coverage, and has not provided an explanation
as to why other wireless communications providers are able to
provide adequate coverage in the same area proposed to be served
by the Proposed Use from the Project Site.
DEVELOPMENT REVIEW (DBC Q22.48.040
(b) Because the necessary findings for granting a Conditional Use Permit
for the Proposed Use cannot be made, consideration of development
review findings pertaining to the site and architectural design
components of the Proposed Use are immaterial.
VARIANCE (DBC §22.54.040)
(c) Because all of the necessary findings for granting a Conditional Use
Permit for the underlying Proposed Use cannot be made,
consideration of variance findings to increase the height of the
proposed antenna support structure are immaterial.
2
Planning Commission Resolution No. 2007-50
3. Based upon the findings and conclusion set forth above, the Planning
Commission hereby denies this Application.
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: Ed, Gala, Sprint Nextel Corporation, 310 Commerce, Irvine, CA
92602.
(c) APPROVED AND ADOPTED THIS 9th DAY OF OCTOBER 2007, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: —
orng, Vice 'man
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 9th day of October 2007, by the following vote:
AYES: Commissioners: Lee, Vc/Torng
NOES: Commissioners: Nolan
ABSENT: Commissioners: chair/Nelson
ABSTAIN: Commissioners: shah
ATTE'>T:
ancy Fo
3 Conditional Use Permit No. 2007-09
PLANNING COMMISSION
RESOLUTION NO. 2007-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, DENYING CONDITIONAL USE PERMIT
NO. 2007-09, DEVELOPMENT REVIEW NO. 2007-22 AND VARIANCE
NO. 2007-05, A REQUEST TO INSTALL A TELECOMMUNICATION
FACILITY AT RONALD REAGAN PARK LOCATED AT 2201 PEACEFUL
HILLS ROAD (APN: 8765-015-900), DIAMOND BAR, CA
A. RECITALS
1. The property owner, City of Diamond Bar, and applicant, Sprint Nextel
Corporation, have filed applications for Conditional Use Permit No. 2007-09,
Development Review No. 2007-22, and Variance No. 2007-05 for a wireless
telecommunications facility to be located at Ronald Regan Park,
2201 Peaceful Hills Road, Diamond Bar, Los Angeles County, California
("Project Site").
2. The proposed telecommunications facility consists of a 35 -foot tall monopole,
a 200 square -foot equipment building and related improvements, and is also
referred to in this Resolution as the "Proposed Use."
3. Notification of the public hearing for the Proposed Use was provided in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
Public hearing notices were mailed to approximately 188 property owners
within a 700 -foot radius of the Project Site and public notice was posted at
the City's designated community posting sites. Furthermore, the Project Site
was posted with a display board.
4. On July 24, 2007, and August 14, 2007, the Planning Commission of the City
of Diamond Bar conducted duly noticed public hearings and continued the
matter to September 25, 2007. The continuances were provided to allow the
applicant time to provide additional information regarding the service area for
the Proposed Use, and to consider alternate locations, including co -location
opportunities.
5. On September 25, 2007, after receiving additional public input, the Planning
Commission of the City of Diamond Bar concluded said hearing.
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. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
CONDITIONAL USE PERMIT FINDINGS (DBC X22.58.040)
(a) Granting the Conditional Use Permit will be detrimental to the public
interest in the vicinity and zoning district in which the property is
located in that the Proposed Use does not, and without good cause,
conform to the following locational preferences as set forth in
Development Code Section 22.42.130 (item i. being the most
preferred):
Co -located with an existing facility or located at a pre -approved
location.
ii. Attached to an existing structure, such as a building,
communication tower, church steeple, or utility pole or tower.
iii. Located in an industrial/business park zoning district.
iv. Located in a commercial zoning district.
The applicant has not provided evidence that co -location sites would
not provide adequate coverage, and has not provided an explanation
as to why other wireless communications providers are able to
provide adequate coverage in the same area proposed to be served
by the Proposed Use from the Project Site.
DEVELOPMENT REVIEW (DBC §22.48.040)
(b) Because the necessary findings for granting a Conditional Use Permit
for the Proposed Use cannot be made, consideration of development
review findings pertaining to the site and architectural design
components of the Proposed Use are immaterial.
VARIANCE (DBC §22.54.040)
(c) Because all of the necessary findings for granting a Conditional Use
Permit for the underlying Proposed Use cannot be made,
consideration of variance findings to increase the height of the
proposed antenna support structure are immaterial.
2
Planning Commission Resolution No. 2007-50
3. Based upon the findings and conclusion set forth above, the Planning
Commission hereby denies this Application.
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: Ed, Gala, Sprint Nextel Corporation, 310 Commerce, Irvine, CA
92602.
(c) APPROVED AND ADOPTED THIS 9th DAY OF OCTOBER 2007, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
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 9th day of October 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Lee, VC/Torng
Nolan
Chair/Nelson
Shah
3
Conditional Use Permit No. 2007-09