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HomeMy WebLinkAboutPC 2010-02PLANNING COMMISSION RESOLUTION NO. 2010-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIQNAL USE PERMIT AND DEVELOPMENT REVIEW NO. PL 2009-56, TO ESTABLISH AN AT&T WIRELESS TELECOMMUNICATIONS FACILITY BY CO -LOCATING SIX PANEL ANTENNAS ON AN EXISTING, 66.5 -FOOT TALL TELECOMMUNICATIONS TOWER, AND CONSTRUCTING AN 8'-6" TALL, GROUND -MOUNTED MASONRY EQUIPMENT ENCLOSURE AT 3338 DIAMOND CANYON ROAD DIAMOND BAR, CA 91765 (APN: 8269-011-026) A. RECITALS The property owner, Diamond Christian Church, and applicant, Reliant Land Services, have filed an application for Conditional Use Permit and Development Review No. PL 2009-56 to establish an AT&T wireless telecommunications facility by co -locating six panel antennas on an existing, 66.5 -foot tall telecommunications tower, and constructing an 8'-6" tall, ground -mounted masonry equipment enclosure located at Diamond Canyon Church, 3338 Diamond Canyon Road, 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. The subject property is made up of two parcels totaling 4.57 acres. It is located in the Office Professional (OP) zone and is consistent with the professional office land use category of the general plan. 3. The legal description of the subject property is Tract 20415 Portion of Lot 2. The Assessor's Parcel Numbers are 8269-011-025 and 8269-011-026. 4. Notification of the public hearing for this Project was provided in the San Gabriel ValleyTribune and Inland Valigy Daily Bulletin newspapers on January 15, 2010. 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 on January 15, 2010. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On January 26, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing, solicited testimony from all interested individuals and concluded the hearing on that date. 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 15301 (minor alterations to an existing structure or facility) 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; According to Diamond Bar Municipal Code (DBMC) Section 22.42.130, wireless telecommunications facilities are allowed in the OP zone with the approval of a Conditional Use Pen -nit. Additionally, the proposed project complies with other applicable provisions of the Development Code. (2) The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the co -location of six (6) antennas that consist of three sectors, with two antennas per sector, for a total of six antennas on an existing unmanned wireless telecommunications facility. Currently, the existing facility has two wireless carriers located on it. The existing facility was originally approved when this area was an unincorporated area of Los Angeles County. The site is not subject to the provisions of any specific plan. (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 proposed antennas are designed to be consistent with the existing antennas on the telecommunication facility. The proposed antennas will be located on an existing telecommunication facility tower. The existing tower was approved when the site was located in the unincorporated area of Los Angeles County. As a condition of approval, the existing tower shall be painted dark green to blend in with the surroundings. The ground equipment will be housed in an 2 Planning Commission Resolution No 2010-02 enclosure that will be designed as an extension of the existing equipment enclosures on-site. 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 densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The proposed co -location of six new panel antennas is suitable for the site in that the proposed antennas will be located on an existing tower that currently has two wireless carriers located on it. The proposed antennas will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of the church, other than a few hours of monthly service by service technician. (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 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. b. DEVELOPMENT REVIEW FINDINGS (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); The design and layout of the antennas are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas because it is an addition of antennas to an existing telecommunications facility tower. The facility meets all of the applicable development code standards. 3 Planning Commission Resolution No. 2010-02 (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; The proposed antennas will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of the church, other than a few hours of monthly service by service technician. (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; The proposed antennas are designed to be consistent with the existing antennas on the telecommunication facility. The existing tower was approved when the site was located in the unincorporated area of Los Angeles County. The proposed antennas will be located on an existing telecommunication facility tower. As a condition of approval, the existing tower shall be painted dark green to blend in with the surroundings. The ground equipment will be housed in an enclosure that will be designed as an extension of the existing equipment enclosures on-site. (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; The proposed antennas will be located on an existing telecommunications tower. There will be no changes to the tower except that it shall be painted dark green to blend in with the surroundings. The proposed extension of the enclosure will match the existing enclosure in height, colors and materials. (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; Before the issuance of any City permits, the proposed 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 4 Planning Commission Resolution No. 2010-02 c detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 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 existing tower and all of its components shall be painted dark green to blend in with its surroundings. The architectural aspect of the tower is not being changed. The proposed extension of the equipment enclosure will be stuccoed and painted to match the existing equipment enclosure on-site. There are no alternative sites because the proposed antennas and enclosure are being added on to an existing telecommunications facility. (2) Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. The existing tower is located at the rear of the property where it is partially screened by vegetation from the east, west, and south sides of the property. The tower is located about 800 feet from Diamond Canyon Road and there are existing buildings in front of the tower, which partially screens the tower from the street. As a condition of approval, the tower shall be painted dark green to lessen its visual impact and blend in with the surroundings. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed antennas will not increase the size of the tower and will be painted dark green to blend in with its surroundings. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The existing telecommunication facility is approximately 300 feet from the nearest residential structures and 270 feet from the boundaries of residential districts. (5) Access. Proposed ingress to and egress from the site of the proposed facility. 5 Planning Commission Resolution No 2010-02 The proposed project will connect to the access road that extends off of Diamond Canyon Road. (6) Location. The location of the proposed facility and the extent to which it conforms to the following in order of preference — 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 proposed co -location of the six antennas will be installed on an existing telecommunication facility tower. The toweris located at the rear of the property which is surrounded by open space and adjacent to the 57 freeway. C. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: All antennas, structural components and other apparatus attached to the tower, excluding the cross, shall be painted and maintained dark green. Prior to submitting plans to the Building and Safety Division for plan check, color samples shall be submitted to the Community Development Director for review and approval. 2. 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 December 14, 2009, as submitted to, amended herein, and approved by the Planning Commission. 3. Applicant shall comply with all Federal, State and City regulations. 4. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit 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. 5. 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. 6. Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. 7. Signs and advertising shall be prohibited on the antenna array. 8. No lighting shall be installed on the wireless antennas or associated equipment. 6 Planning Commission Resolution No. 2010-02 9. 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. 10. 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. 11. 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. 12. All cables and wiring for the telecommunication facility shall be underground. 13. All materials and colors used for the equipment building shall match the existing structures located on the site. 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: Reliant Land Services, Attention: Richard Ambrosini, 1594 N. Batavia St., Orange, CA 92867, and Diamond Canyon Church, Attention Jim Price, 3338 Diamond Canyon Rd. Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 26th DAY OF JANUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. nyTorng, Chair an 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 26th day of January 2010, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 7 Conditional Use Permit and Development Review PL2009-56 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS. USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT M Conditional Use Permit and Development Review No. PL 2009-56 SUBJECT: Co -location at a Telecommunications Facility APPLICANT: Reliant Land Services LOCATION: Diamond Canyon Church, 3338 Diamond Canyon Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit and Development Review No. PL 2009-56 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 defendants. 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 2010-02 Conditional Use Permit and Development Review No. PL 2009-56, 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. 2009-02, 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. a. 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 priorto the issuance of building permit. In addition, the applicant shall pay all remaining 9 Planning Commission Resolution No. 2010-02 prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit and Development Review No. PL 2009-56 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. 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 December 14, 2009, as submitted to, amended herein, and approved by the Planning Commission. 4. Applicant shall comply with all Federal, State and City regulations. 5. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit 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. 6. 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. 7. Applicant shall ensure that the property is properly secured to prevent unauthorized access to the telecommunication facilities. 8. Signs and advertising shall be prohibited on the antenna array. 10 Planning Commission Resolution No 2010-02 9. No lighting shall be installed on the wireless antennas or associated equipment. 10. 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. 11. 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. 12. All cables and wiring for the telecommunications facility shall be underground. 13. All materials and colors used for the equipment enclosure building shall match the existing structures located on the site. 14. All antennas shall be a noncorrosive, nonmetallic finish that is not conductive to reflection or glare, and be of a color that blends in with the building wall. 15. Prior to submitting for building plan check, submit detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limits approved by the FCC. 16. If support structure or antenna arrays affixed to a building orto a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the applicant must give written notice of such inoperability or nonuse to the Community Development Director. The antenna arrays and, if applicable, the support structure, must be removed within a 90 -day period. If such removal does not occur, the city may remove the antenna arrays and, if applicable, the support structure, at the applicant's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna arrays that have become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it. The applicant shall not be required to remove antenna structures or support structures that are architecturally concealed in a pre-existing structure. 17. Prior to the issuance of a building permit for the construction or modification of a wireless telecommunications facility, the applicant may be required to provide to the city a bond or other approved security for the removal of the facility, and any accessory equipment, if that facility is abandoned or if the reviewing authority revokes the use of that facility. 18. Co -Location Agreement. The applicant and the property owner must consent to the future co -location of facilities on the building to be used by the applicant, unless technical considerations preclude that co -location. 11 Planning Commission Resolution No. 2010-02 F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Any construction within the public right-of-way will require a separate encroachment permit from the Public Works Department. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. 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. 12 Planning Commission Resolution No 2010-02 6. Please submit a total of 3 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 calculations for method of attaching proposed antennas. 8. Provide structural calculations for the existing poles to support the new loads. 9. Submit electrical plans showing all circuits. 10. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel. 11. Indicate all easements on the site plan. 12. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). END 13 Planning Commission Resolution No. 2010-02 PLANNING COMMISSION RESOLUTION NO. 2010-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIQNAL USE PERMIT AND DEVELOPMENT REVIEW NO. PL 2009-56, TO ESTABLISH AN AT&T WIRELESS TELECOMMUNICATIONS FACILITY BY CO -LOCATING SIX PANEL ANTENNAS ON AN EXISTING, 66.5 -FOOT TALL TELECOMMUNICATIONS TOWER, AND CONSTRUCTING AN 8'-6" TALL, GROUND -MOUNTED MASONRY EQUIPMENT ENCLOSURE AT 3338 DIAMOND CANYON ROAD DIAMOND BAR, CA 91765 (APN: 8269-011-026) A. RECITALS 1. The property owner, Diamond Christian Church, and applicant, Reliant Land Services, have filed an application for Conditional Use Permit and Development Review No. PL 2009-56 to establish an AT&T wireless telecommunications facility by co - locating six panel antennas on an existing, 66.5 -foot tall telecommunications tower, and constructing an 8'-6" tall, ground -mounted masonry equipment enclosure located at Diamond Canyon Church, 3338 Diamond Canyon Road, 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. The subject property is made up of two parcels totaling 4.57 acres. It is located in the Office Professional (OP) zone and is consistent with the professional office land use category of the general plan. 3. The legal description of the subject property is Tract 20415 Portion of Lot 2. The Assessor's Parcel Numbers are 8269-011- 025 and 8269-011-026. 4. Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on January 15, 2010. 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 on January 15, 2010. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On January 26, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing, solicited testimony from all interested individuals and concluded the hearing on that date. 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 15301 (minor alterations to an existing structure or facility) 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; According to Diamond Bar Municipal Code (DBMC) Section 22.42.130, wireless telecommunications facilities are allowed in the OP zone with the approval of a Conditional Use Permit. Additionally, the proposed project complies with other applicable provisions of the Development Code. (2) The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the co -location of six (6) antennas that consist of three sectors, with two antennas per sector, for a total of six antennas on an existing unmanned wireless telecommunications facility. Currently, the existing facility has two wireless carriers located on it. The existing facility was originally approved when this area was an unincorporated area of Los Angeles County. The site is not subject to the provisions of any specific plan. (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 proposed antennas are designed to be consistent with the existing antennas on the telecommunication facility. The proposed antennas will be located on an existing telecommunication facility tower. The existing tower was approved when the site was located in the unincorporated area of Los Angeles County. As a condition of approval, the existing tower shall be painted dark green to blend in with the surroundings. The ground equipment will be housed in an 2 Planning Commission Resolution No 2010-02 enclosure that will be designed as an extension of the existing equipment enclosures on-site. 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; The proposed co -location of six new panel antennas is suitable for the site in that the proposed antennas will be located on an existing tower that currently has two wireless carriers located on it. The proposed antennas will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of the church, other than a few hours of monthly service by service technician. (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 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. b. DEVELOPMENT REVIEW FINDINGS (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); The design and layout of the antennas are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas because it is an addition of antennas to an existing telecommunications facility tower. The facility meets all of the applicable development code standards. 3 Planning Commission Resolution No. 2010-02 (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; The proposed antennas will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of the church, other than a few hours of monthly service by service technician. (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; The proposed antennas are designed to be consistent with the existing antennas on the telecommunication facility. The existing tower was approved when the site was located in the unincorporated area of Los Angeles County. The proposed antennas will be located on an existing telecommunication facility tower. As a condition of approval, the existing tower shall be painted dark green to blend in with the surroundings. The ground equipment will be housed in an enclosure that will be designed as an extension of the existing equipment enclosures on-site. (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; The proposed antennas will be located on an existing telecommunications tower. There will be no changes to the tower except that it shall be painted dark green to blend in with the surroundings. The proposed extension of the enclosure will match the existing enclosure in height, colors and materials. (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; Before the issuance of any City permits, the proposed 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 4 Planning Commission Resolution No. 2010-02 detrimental to the public health, safety or welfare or materially injurious to the properties or improvements 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 existing tower and all of its components shall be painted dark green to blend in with its surroundings. The architectural aspect of the tower is not being changed. The proposed extension of the equipment enclosure will be stuccoed and painted to match the existing equipment enclosure on-site. There are no alternative sites because the proposed antennas and enclosure are being added on to an existing telecommunications facility. (2) Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. The existing tower is located at the rear of the property where it is partially screened by vegetation from the east, west, and south sides of the property. The tower is located about 800 feet from Diamond Canyon Road and there are existing buildings in front of the tower, which partially screens the tower from the street. As a condition of approval, the tower shall be painted dark green to lessen its visual impact and blend in with the surroundings. (3) Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed antennas will not increase the size of the tower and will be painted dark green to blend in with its surroundings. (4) Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The existing telecommunication facility is approximately 300 feet from the nearest residential structures and 270 feet from the boundaries of residential districts. (5) Access. Proposed ingress to and egress from the site of the proposed facility. 5 Planning Commission Resolution No 2010-02 The proposed project will connect to the access road that extends off of Diamond Canyon Road. (6) Location. The location of the proposed facility and the extent to which it conforms to the following in order of preference — 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 proposed co -location of the six antennas will be installed on an existing telecommunication facility tower. The tower is located at the rear of the property which is surrounded by open space and adjacent to the 57 freeway. C. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 1. All antennas, structural components and other apparatus attached to the tower, excluding the cross, shall be painted and maintained dark green. Prior to submitting plans to the Building and Safety Division for plan check, color samples shall be submitted to the Community Development Director for review and approval. 2. 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 December 14, 2009, as submitted to, amended herein, and approved by the Planning Commission. 3. Applicant shall comply with all Federal, State and City regulations. 4. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit 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. 5. 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. 6. Applicant shall ensure that the property is properly secured to prevent unauthorized access to the communication facilities. 7. Signs and advertising shall be prohibited on the antenna array. 8. No lighting shall be installed on the wireless antennas or associated equipment. 6 Planning Commission Resolution No. 2010-02 9. 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. 10. 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. 11. 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. 12. All cables and wiring for the telecommunication facility shall be underground. 13. All materials and colors used for the equipment building shall match the existing structures located on the site. 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: Reliant Land Services, Attention: Richard Ambrosini, 1594 N. Batavia St., Orange, CA 92867, and Diamond Canyon Church, Attention Jim Price, 3338 Diamond Canyon Rd. Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 26th DAY OF JANUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: — 7forry'TOrng, ChairiVan 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 26th day of January 2010, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 7 Conditional Use Permit and Development Review PL2009-56 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit and Development Review No. PL 2009-56 SUBJECT: Co -location at a Telecommunications Facility APPLICANT: Reliant Land Services LOCATION: Diamond Canyon Church, 3338 Diamond Canyon Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit and Development Review No. PL 2009-56 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 defendants. 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 2010-02 Conditional Use Permit and Development Review No. PL 2009-56, 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. 2009-02, 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 9 Planning Commission Resolution No. 2010-02 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 and Development Review No. PL 2009-56 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. 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 December 14, 2009, as submitted to, amended herein, and approved by the Planning Commission. 4. Applicant shall comply with all Federal, State and City regulations. 5. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit 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. 6. 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. 7 Applicant shall ensure that the property is properly secured to prevent unauthorized access to the telecommunication facilities. 8. Signs and advertising shall be prohibited on the antenna array. 10 Planning Commission Resolution No 2010-02 9. No lighting shall be installed on the wireless antennas or associated equipment. 10. 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. 11. 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. 12. All cables and wiring for the telecommunications facility shall be underground. 13. All materials and colors used for the equipment enclosure building shall match the existing structures located on the site. 14. All antennas shall be a noncorrosive, nonmetallic finish that is not conductive to reflection or glare, and be of a color that blends in with the building wall. 15. Prior to submitting for building plan check, submit detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limits approved by the FCC. 16. If support structure or antenna arrays affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the applicant must give written notice of such inoperability or nonuse to the Community Development Director. The antenna arrays and, if applicable, the support structure, must be removed within a 90 -day period. If such removal does not occur, the city may remove the antenna arrays and, if applicable, the support structure, at the applicant's expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna arrays that have become inoperable or has ceased to be used is required to be removed, and the support structure may remain in place until all service providers cease to use it. The applicant shall not be required to remove antenna structures or support structures that are architecturally concealed in a pre-existing structure. 17. Prior to the issuance of a building permit for the construction or modification of a wireless telecommunications facility, the applicant may be required to provide to the city a bond or other approved security for the removal of the facility, and any accessory equipment, if that facility is abandoned or if the reviewing authority revokes the use of that facility. 18. Co -Location Agreement. The applicant and the property owner must consent to the future co -location of facilities on the building to be used by the applicant, unless technical considerations preclude that co -location. 11 Planning Commission Resolution No. 2010-02 F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Any construction within the public right-of-way will require a separate encroachment permit from the Public Works Department. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. 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. 12 Planning Commission Resolution No 2010-02 6. Please submit a total of 3 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 calculations for method of attaching proposed antennas. 8. Provide structural calculations for the existing poles to support the new loads. 9. Submit electrical plans showing all circuits. 10. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel. 11. Indicate all easements on the site plan. 12. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). END 13 Planning Commission Resolution No. 2010-02