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HomeMy WebLinkAboutPC 2009-02PLANNING COMMISSION RESOLUTION NO. 2009-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03 AND DEVELOPMENT REVIEW NO. 2008-23, TO INSTALL A WIRELESS TELECOMMUNICATIONS FACILITY AT EASTGATE RESERVOIR (APN: 8701-006-900) A. RECITALS 1. The property owner, Walnut Valley Water District, and applicant, Verizon Wireless, have filed an application for Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 for a telecommunication facility to be located at Walnut Valley Water District's Eastgate Reservoir, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall collectively be referred to as the "Project." 2 Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. On January 27, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Project. 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 the project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15303 (New Construction) of the CEQA Guidelines. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. CONDITIONAL USE PERMIT FINDINGS (DBMC Section 22.58.040) (1) 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 this Development Code and the Municipal Code; Pursuant to Diamond Bar Municipal Code (DBMC) Section 22.08.030, wireless telecommunication facilities are allowed in the RL zoning district. Additionally, the proposed Project complies with other applicable provisions of the Development Code and Municipal Code. (2) The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the installation of an unmanned wireless telecommunication facility on a site developed with a municipal water storage tank and two existing wireless telecommunication facilities. The new facility will provide wireless coverage to subscribers in the area and will not interfere with the use and enjoyment of the neighboring development, nor will it create traffic or pedestrian hazards as the facility is unmanned. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1: "New developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines." (3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The freestanding antenna support structure is designed to be consistent with the two other antennas on the site and to blend in with the surrounding trees. The ground equipment will be housed in an enclosure that will match the existing equipment enclosures on site. The reservoir site is a 3.7 acre site developed with one above- ground municipal water storage tank and two telecommunications facilities. The proposed facility is unmanned and operates 24 hours a day, seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (4) 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; 2 Planning Commission Resolution No, 2009-02 The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identifies public facilities as a location for this type of use. As referenced above in items a.(1) through a.(3), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (5) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, and zoning district in which the property is located; and Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. b. DEVELOPMENT REVIEW (DBMC Section 22.48.040) (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); As discussed above in item a.(2) the design and layout of the Project is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (2) 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 discussed above in items a. (2) and a.(3), the design and layout of the Project will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 3 Planning Commission Resolution No. 2009-02 Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; As discussed above in items a.(1) through a.(4), the architectural design of the Project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. (4) 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 and will retain a reasonably adequate level of maintenance; As discussed above in Items a.(3) and a.(4), the design of the Project 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. (5) The proposed development will not be detrimental to 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 discussed above in Item a.(4) and prior to the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division, and Public Works Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally, and because of the factors discussed above in Items (0 through (i) the proposed project will not have a negative affect on property values or in the vicinity. C. WIRELESS FACILITIES (DBMC Section 22.42.130) (1) Environmental integration. To the extent which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The Project integrates the antennas onto a new pole disguised as a broadleaf tree so as to blend in well with the existing vegetation on the site. The proposed design for the site is the least intrusive on 4 Planning Gommission Resolution No. 2009-02 the community values as prescribed by the General Plan and Diamond Bar Development Code. (2) Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. Camouflaging is provided by disguising the antenna facility as a broadleaf tree and constructing the equipment enclosure to match the existing enclosures on the site. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed telecommunication facility components (i.e., the equipment building and held light pole -mounted antenna array) are appropriate in size and scale to their context and setting. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed telecommunication facility is approximately 260 feet from the nearest residences, which is a sufficient distance to effectively buffer it from view. (5) Access. Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the access road which extends off of Eastgate Drive. (6) Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences. — co - location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. The two existing telecommunication facilities located on the site, while equipped for co -location, do not permit the new antennas to meet the height requirements necessary to provide adequate coverage for the area; additionally, locating the antenna on the water tank is not permitted by Walnut Valley Municipal Water District due to security issues. Therefore, the telecommunications antennas will be attached to a 35 -foot high pole disguised as a broadleaf tree which will be designed to allow the co -location of future antennas. 5 Planning Commission Resolution No. 2009-02 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated October 31, 2008, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (4) When an emergency generator is used on site, the noise level of the generator shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. b. Planning Division (1) Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the antenna array. (3) No lighting shall be installed on the wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. (5) The applicant shall submit a check in the amount of $50 payable to the Los Angeles County Recorder's Office, within five days of project approval, for the filing of a Notice of Exemption. (6) The applicant must consent to the future co -location of facilities on the light pole and in the equipment building unless technical considerations preclude that co -location. 6 Planning Commission Resolution No. 2009-02 (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) All cables and wiring for the telecommunication facility shall be underground. (9) All material and colors used for the equipment building shall match the existing structures located on the site. C. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Verizon Wireless, 15505 Sand Canyon Avenue Bldg. D, 1st Floor, Irvine, CA 92618; Walnut Valley Water District, 271 Brea Canyon Rd. Walnut, CA 91789 and Core Communications C/O Michelle Felten, 2923-A Saturn St. Brea, CA 92821. APPROVED AND ADOPTED THIS 27th DAY OF JANUARY 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman I, Greg Gubman, 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 27th day of January 2009, by the following vote: AYES: Commissioners: Nolan, VC/Torng, Lee, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: shah ABSTAIN: Commissioners: None ATTEST: Greg man, Secretary 7 CUP 2008-031 DR 2008-23 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 SUBJECT: Telecommunications Facility APPLICANT: Verizon Wireless LOCATION: Eastgate Reservoir, 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. 2008-03 and Development Review No. 2008-23 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. 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. 2008-03 and Development Review No. 2008-23, at the 8 Planning Commission Resolution No. 2009-02 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 License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2009-02, 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, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. in addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 9 Planning Commission Resolution No. 2009-02 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. 2008-03 and Development Review No. 2008-23 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors 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, 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. 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. 10 Planning Commission Resolution No. 2009-02 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 clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please referto City handouts. 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. In addition, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS The applicant shall submit drainage plans prepared in accordance with the City's requirements for the City's review and approval. 2. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 3. All easements and flood hazard areas shall be clearly identified on the grading plan. 4. 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 six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 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. 11 Planning Commission Resolution No. 2009-02 D. OFF-SITE STREET IMPROVEMENTS (Not Applicable) E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERSISEPTIC TANK (Not Applicable) G. TRAFFIC MITIGATIONS (Not Applicable) 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California 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 forwind in this area is 85 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. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 4. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 6. Please submit a total of five 5 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 7. Provide structural design for pole, method of attachments, and footing design. 8. Submit electrical plans showing all circuits. 9. Indicate pole height from finished floor. 10. Indicate all easements on the site plan. 12 Planning Commission Resolution No. 2009-02 11. All retaining walls shall be submitted to the Building and Safety Division and Public Works Department for review and approval. 12. Submit grading plans showing clearly all finished elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 13 Planning Commission Resolution No. 2009-02 PLANNING COMMISSION RESOLUTION NO. 2009-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03 AND DEVELOPMENT REVIEW NO. 2008-23, TO INSTALL A WIRELESS TELECOMMUNICATIONS FACILITY AT EASTGATE RESERVOIR (APN: 8701-006-900) A. RECITALS 1. The property owner, Walnut Valley Water District, and applicant, Verizon Wireless, have filed an application for Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 for a telecommunication facility to be located at Walnut Valley Water District's Eastgate Reservoir, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall collectively be referred to as the "Project." 2 Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500-foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. On January 27, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Project. 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 the project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15303 (New Construction) of the CEQA Guidelines. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. CONDITIONAL USE PERMIT FINDINGS (DBMC Section 22.58.040) (1) 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 this Development Code and the Municipal Code; Pursuant to Diamond Bar Municipal Code (DBMC) Section 22.08.030, wireless telecommunication facilities are allowed in the RL zoning district. Additionally, the proposed Project complies with other applicable provisions of the Development Code and Municipal Code. (2) The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the installation of an unmanned wireless telecommunication facility on a site developed with a municipal water storage tank and two existing wireless telecommunication facilities. The new facility will provide wireless coverage to subscribers in the area and will not interfere with the use and enjoyment of the neighboring development, nor will it create traffic or pedestrian hazards as the facility is unmanned. As a result, staff finds the proposed project is compatible with the surrounding neighborhood, consistent with the General Plan Strategy 2.2.1: "New developments shall be compatible with surrounding land uses, meets Municipal Code Standards and the City's Design Guidelines." (3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The freestanding antenna support structure is designed to be consistent with the two other antennas on the site and to blend in with the surrounding trees. The ground equipment will be housed in an enclosure that will match the existing equipment enclosures on site. The reservoir site is a 3.7 acre site developed with one aboveground municipal water storage tank and two telecommunications facilities. The proposed facility is unmanned and operates 24 hours a day, seven days a week, with monthly routine maintenance. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (4) 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; 2 Planning Commission Resolution No, 2009-02 The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identifies public facilities as a location for this type of use. As referenced above in items a.(1) through a.(3), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (5) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, and zoning district in which the property is located; and Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Parks and Recreation Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. b. DEVELOPMENT REVIEW (DBMC Section 22.48.040) (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); As discussed above in item a.(2) the design and layout of the Project is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) (2) 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 discussed above in items a.(2) and a.(3), the design and layout of the Project will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 3 Planning Commission Resolution No. 2009-02 Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; As discussed above in items a.(1) through a.(4), the architectural design of the Project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. (4) 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 and will retain a reasonably adequate level of maintenance; As discussed above in Items a.(3) and a.(4), the design of the Project 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. (5) The proposed development will not be detrimental to 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 discussed above in Item a.(4) and prior to the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division, and Public Works Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally, and because of the factors discussed above in Items (0 through (0 the proposed project will not have a negative affect on property values or in the vicinity. C. WIRELESS FACILITIES (DBMC Section 22.42.130) (1) Environmental integration. To the extent which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The Project integrates the antennas onto a new pole disguised as a broadleaf tree so as to blend in well with the existing vegetation on the site. The proposed design for the site is the least intrusive on 4 Planning Commission Resolution No, 2009-02 the community values as prescribed by the General Plan and Diamond Bar Development Code. (2) Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. Camouflaging is provided by disguising the antenna facility as a broadleaf tree and constructing the equipment enclosure to match the existing enclosures on the site. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed telecommunication facility components (i.e., the equipment building and field light pole -mounted antenna array) are appropriate in size and scale to their context and setting. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed telecommunication facility is approximately 260 feet from the nearest residences, which is a sufficient distance to effectively buffer it from view. (5) Access. Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the access road which extends off of Eastgate Drive. (6) Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences — colocation or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. The two existing telecommunication facilities located on the site, while equipped for co -location, do not permit the new antennas to meet the height requirements necessary to provide adequate coverage for the area; additionally, locating the antenna on the water tank is not permitted by Walnut Valley Municipal Water District due to security issues. Therefore, the telecommunications antennas will be attached to a 35 -foot high pole disguised as a broadleaf tree which will be designed to allow the co-/ocation of future antennas. 5 Planning Commission Resolution No. 2009-02 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled and referenced herein as Exhibit "A" dated October 31, 2008, as submitted to, amended herein, and approved by the Planning Commission. (2) Applicant shall comply with all Federal, State and City regulations. (3) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (4) When an emergency generator is used on site, the noise level of the generator shall comply with the City's noise standards in Development Code Chapter 22.28. (5) Applicant shall comply with all lease terms executed. b. Planning Division (1) Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. (2) Signs and advertising shall be prohibited on the antenna array. (3) No lighting shall be installed on the wireless antennas or associated equipment. (4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. (5) The applicant shall submit a check in the amount of $50 payable to the Los Angeles County Recorder's Office, within five days of projebt approval, for the filing of a Notice of Exemption. (6) The applicant must consent to the future co -location of facilities on the light pole and in the equipment building unless technical considerations preclude that co -location. 6 Planning Commission Resolution No. 2009-02 (7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. (8) All cables and wiring for the telecommunication facility shall be underground. (9) All material and colors used for the equipment building shall match the existing structures located on the site. C. Building and Safety Division (1) Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Verizon Wireless, 15505 Sand Canyon Avenue Bldg. D, 1st Floor, Irvine, CA 92618; Walnut Valley Water District, 271 Brea Canyon Rd. Walnut, CA 91789 and Core Communications C/O Michelle Felten, 2923-A Saturn St. Brea, CA 92821. APPROVED AND ADOPTED THIS 27th DAY OF JANUARY 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Greg Gubman, 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 27th day of January 2009, by the following vote: AYES: Commissioners: Nolan, VC/Torng, Lee, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: Shah ABSTAIN: Commissioners: None ATTEST: f Greg .147man, Secretary 7 CUP 2008-03 / DR 2008-23 STANDARD CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-03 and Development Review No. 2008-23 SUBJECT: Telecommunications Facility APPLICANT: Verizon Wireless LOCATION: Eastqate Reseivoir, 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. 2008-03 and Development Review No. 2008-23 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. 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. 2008-03 and Development Review No. 2008-23, at the 8 Planning Commission Resolution No. 2009-02 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 License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2009-02, 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, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 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. 9 Planning Commission Resolution No. 2009-02 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. 2008-03 and Development Review No. 2008-23 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 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, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior nnaterials and colors 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. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. 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. 10 Planning Commission Resolution No. 2009-02 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 clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. In addition, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. The applicant shall submit drainage plans prepared in accordance with the City's requirements for the City's review and approval. 2. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 3. All easements and flood hazard areas shall be clearly identified on the grading plan. 4. 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 six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. C. DRAINAGE 1. Detailed drainage systenn information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed fronn the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 11 Planning Commission Resolution No. 2009-02 D. OFF-SITE STREET IMPROVEMENTS (Not Applicable) E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK (Not Applicable) G. TRAFFIC MITIGATIONS (Not Applicable) 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California 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 85 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. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review nnay thereafter be returned to the applicant or destroyed by the Building Department. 4. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. betvveen the hours of 7:00 a.m. and 7:00 p.m. 6. Please submit a total of five 5 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 7. Provide structural design for pole, method of attachments, and footing design. 8. Submit electrical plans showing all circuits. 9. Indicate pole height from finished floor. 10. Indicate all easements on the site plan. 12 Planning Commission Resolution No. 2009-02 11. All retaining walls shall be submitted to the Building and Safety Division and Public Works Department for review and approval. 12. Submit grading plans showing clearly all finished elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 13 Planning Commission Resolution No. 2009-02