Loading...
HomeMy WebLinkAboutPC 2009-06PLANNING COMMISSION RESOLUTION NO. 2009-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-06 AND DEVELOPMENT REVIEW NO. 2008-21, TO INSTALL TWO WIRELESS TELECOMMUNICATIONS FACILITIES AT CHAPARRAL ELEMENTARY SCHOOL LOCATED AT 1405 SPRUCE TREE DRIVE (APN: 8293-006-900) A. RECITALS The property owner, Walnut Valley Unified School District, and applicant, Verizon Wireless, have filed an application for Conditional Use Permit No. 2008-06 and Development Review No. 2008-21 for a two telecommunication facilities to be located at Chaparral Elementary School, 1405 Spruce Tree Drive, 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 March 24, 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: 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 RLM 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 two unmanned wireless telecommunication facilities on a site developed with a Chaparral Elementary School. 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 2.2.9: "New developments shall be compatible with surrounding land uses, meet 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 two freestanding antenna support structures are designed to operate as flag poles, which are common features on a school site. The ground equipment will be housed in an enclosure that will be located within an existing fenced area that serves multiple purposes for the school. The school site is a 22.367 acre site developed with one Chaparral Elementary School and its associated amenities. 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 land 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; The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identities schools as a location for this type of use. As 2 Planning Commission Resolution No. 2009-06 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 Department, 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 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 3 Planning Commission Resolution No. 2009-06 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 (f) 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 two new poles disguised as flag poles, a feature that is common on school sites. The proposed design for the site is the least intrusive on 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. 4 Planning Commission Resolution No. 2009.06 Camouflaging is provided by disguising the antenna facilities as flag poles and constructing the equipment enclosure in an existing area currently used for storage and other school needs. (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 facilities are approximately 905.5 feet from the nearest residences, which is a sufficient distance to meet the required setbacks. (5) Access: Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the driveway on Spruce Tree Drive which enters into the Chaparral Elementary School parking lot. (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 site is not currently developed with any telecommunications facilities. The proposed antennas cannot be located on the building, as it does not meet the requirements to provide adequate coverage. Therefore, the telecommunications antennas will be attached to two 50 -foot high poles disguised as flag poles which will be designed to allow the co -location of future antennas. 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 January 1, 2009, as submitted to, amended herein, and approved by the Planning Commission. 5 Planning Commission Resolution No. 2009-06 (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 $75 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 flag pole and in the equipment building unless technical considerations preclude that co -location. (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. 6 Planning Commission Resolution No. 2009-06 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, 1 st Floor, Irvine, CA 92618; Walnut Valley Unified School District, 880 South Lemon Avenue. Walnut, CA 91789 and Core Communications, C/O Michelle Felten, 2923-A Saturn St., Brea, CA 92821. APPROVED AND ADOPTED THIS 24th DAY OF MARCH 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 3offy-Torng, Ch firman 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 24th day of March 2009, by the following vote: AYES: Commissioners: shah, Lee, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: Nolan ABSTAIN: Commissioners: VC/Nelson ATTEST: Greg ubmar,--Secretary 7 Conditional Use Permit No. 2008-06 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-06 and Development Review No. 2008-21 SUBJECT: Telecommunication Facilities APPLICANT: Verizon Wireless LOCATION: Chaparral Elementary School, 1405 Spruce Tree Drive, 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. 2008-06 and Development Review No. 2008-21 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 8 Planning Commission Resolution No. 2009-06 Conditional Use Permit No. 2008-06 and Development Review No. 2008-21, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2009-06, 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 9 Planning Commission Resolution No. 2009-06 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. 2008-06 and Development Review No. 2008-21 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 ownerloccupant. 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. 10 Planning Commission Resolution No. 2009-06 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An encroachment permit shall be obtained for any work that will be performed in the public right-of-way. 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., 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 and Safety Department. 4. Every permit issued by the Building and Safety 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 and 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. 11 Planning Commission Resolution No. 2009-06 11. 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. 12. 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 feet 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 12 Planning Commission Resolution No. 2009-06 PLANNING COMMISSION RESOLUTION NO. 2009-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-06 AND DEVELOPMENT REVIEW NO. 2008-21, TO INSTALL TWO WIRELESS TELECOMMUNICATIONS FACILITIES AT CHAPARRAL ELEMENTARY SCHOOL LOCATED AT 1405 SPRUCE TREE DRIVE (APN: 8293-006-900) A. RECITALS 1. The property owner, Walnut Valley Unified School District, and applicant, Verizon Wireless, have filed an application for Conditional Use Permit No. 2008-06 and Development Review No. 2008-21 for a two telecommunication facilities to be located at Chaparral Elementary School, 1405 Spruce Tree Drive, 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 March 24, 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. 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 Developnient Code and the Municipal Code; Pursuant to Diamond Bar Municipal Code (DBMC) Section 22.08.030, wireless telecommunication facilities are allowed in the RLM 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 two unmanned wireless telecommunication facilities on a site developed with a Chaparral Elementary School- 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, meet 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 two freestanding antenna support structures are designed to operate as flag poles, which are common features on a school site. The ground equipment will be housed in an enclosure that will be located within an existing fenced area that serves multiple purposes for the school- The school site is a 22.367 acre site developed with one Chaparral Elementary School and its associated amenities. 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 land 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; The proposed wireless telecommunication facility's location is consistent with the City' Telecommunication Facility Opportunities Map, which identifies schools as a location for this type of use. As 2 Planning Commission Resolution No. 2009-06 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 Department, 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 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 3 Planning Commission Resolution No. 2009-06 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 (f) 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 two new poles disguised as flag poles, a feature that is common on school sites. The proposed design for the site is the least intrusive on 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. 4 Planning Commission Resolution No. 2009-06 Camouflaging is provided by disguising the antenna facilities as flag poles and constructing the equipment enclosure in an existing area currently used for storage and other school needs. (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 facilities are approximately 105.5 feet from the nearest residences, which is a sufficient distance to meet the required setbacks. (5) Access: Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the driveway on Spruce Tree Drive which enters into the Chaparral Elementary School parking lot. (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 site is not currently developed with any telecommunications facilities. The proposed antennas cannot be located on the building, as it does not meet the requirements to provide adequate coverage. Therefore, the telecommunications antennas will be attached to two 50 -foot high poles disguised as flag poles which will be designed to allow the co -location of future antennas. 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 January 1, 2009, as submitted to, amended herein, and approved by the Planning Commission. 5 Planning Commission Resolution No. 2009-06 (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 Comnnission 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 ternns 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 $75 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 flag pole and in the equipment building unless technical considerations preclude that co -location. (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. 6 Planning Commission Resolution No. 2009-06 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 Unified School District, 880 South Lemon Avenue. Walnut, CA 91789 and Core Communications, C/O Michelle Felten, 2923-A Saturn St., Brea, CA 92821. APPROVED AND ADOPTED THIS 24th DAY OF MARCH 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. y Torng, Ch. irman 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 24th day of March 2009, by the following vote: AYES: Commissioners: Shah, Lee, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: Nolan ABSTAIN: Commissioners: VC/Nelson By: ATTEST: Greg ubman, Secretary 7 Conditional Use Permit No. 2008-06 STANDARD CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT it: Conditional Use Permit No. 2008-06 and Development Review No. 2008-21 SUBJECT: Telecommunication Facilities APPLICANT: Verizon Wireless LOCATION: Chaparral Elementary School, 1405 Spruce Tree Drive, 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. 2008-06 and Development Review No. 2008-21 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 8 Planning Commission Resolution No. 2009-06 Conditional Use Permit No. 2008-06 and Development Review No. 2008-21, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2009-06, 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 9 Planning Commission Resolution No. 2009-06 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. 2008-06 and Development Review No. 2008-21 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 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. 2009-06 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An encroachment permit shall be obtained for any work that will be performed in the public right-of-way. 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 may thereafter be returned to the applicant or destroyed by the Building and Safety Department. 4. Every permit issued by the Building and Safety 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.nn. 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 and 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. 11 Planning Commission Resolution No. 2009-06 11. 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. 12. 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 feet 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 12 Planning Commission Resolution No. 2009-06