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HomeMy WebLinkAboutPC 2011-04PLANNING COMMISSION RESOLUTION NO. 2011-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW NO. PL 2010-253, TO RELOCATE EXISTING CELLULAR ANTENNAS FROM A WATER TANK TO A NEW 35 -FOOT HIGH ARTIFICIAL BROADLEAF TREE, AND UPGRADE ASSOCIATED EQUIPMENT, LOCATED AT 24495 EASTGATE DRIVE (APN: 8701-006-900) A. RECITALS The property owner, Walnut Valley Water District, and applicant, T -Mobile, have filed an application for Conditional Use Permit and Development Review No. PL2010-253 to remove existing cellular antennas from the water tank and relocate the antennas on a 35 -foot high new broadleaf tree within the property located at Walnut Valley Water District's Eastgate Reservoir, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall collectively be referred to as the "Project." 2. The subject property is comprised of one parcel totaling 161,172 square feet (3.70 acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Water (W). 3. The legal description of the subject property is Parcel Map as per Book 28 Page 16 to 40 Lot 14. The Assessor's Parcel Number (APN) is 8701-006-900. 4. On January 28, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the 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. 5. On February 8, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said 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 15303 (new construction of small structure) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, 22.48, and 22.42.130, this Planning Commission hereby finds as follows: Conditional Use Permit Findings (DBMC Section 22.58) 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 DBMC Section 22.06.030 Table 2-3, wireless telecommunication facilities are allowed in the RL zoning district. Additionally, this location is identified on the City's Telecommunications Facilities Opportunities Map. The proposed 35 -foot high broadleaf tree wireless facility complies with the development standards for wireless telecommunications facilities. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the removal of existing cellular antennas on a water tank and relocates the antennas to a new broadleaf tree within the property already developed with three existing wireless telecommunication facilities. The relocation of the antennas will not interfere with wireless coverage to subscribers in the area, nor will it create traffic or pedestrian hazards. As a result, staff finds the proposed project is compatible with the surrounding neighborhood since there are three existing cellular sites on the property. The site is also 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 freestanding antenna support structure is designed to be consistent with the three other antennas on the site and blends in with the surrounding trees and vegetation. The ground equipment is existing, which will have minor upgrades, thus will not affect the existing location. The reservoir site is a 3.7 gross -acre site developed with two above -ground municipal water storage tanks and three existing telecommunications facilities. The existing and 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. 2 CUP and DR No. PL 2010-253 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 telecommunications facility's location is consistent with the City's Telecommunications Facilities Opportunities Map, which identifies public facilities as a location for this type of use. As referenced above, the project site is physically suitable for the type and intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. Since the antennas are being removed and relocated within the site, the intensity of the use will remain. 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 proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire 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. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 95303 (new construction of small structure) of the CEQA Guidelines. Development Review (DBMC Section 22.48) 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 2 of the Conditional Use Permit Findings of Fact, 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 2 and 3 of the Conditional Use Permit Findings of Fact, the design and layout of the Project will not interfere with the use and 3 CUP and DR No. PL 2010-253 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 1 through 4 of the Conditional Use Permit Findings of Fact, the architectural design of the Project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter22.48 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 3 and 4 of the Conditional Use Permit Findings of Fact, 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 4 of the Conditional Use Permit Findings of Fact, prior to 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 Departments, and Los Angeles County Fire 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. Wireless Facilities (DBMC Section 22.42.130) Environmental integration. To the extent which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The Project integrates the antennas onto a new freestanding structure disguised as a broadleaf tree so as to blend in well with the existing vegetation and three existing wireless facilities on the property. 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. 4 CUP and DR No. PL 2010-253 2. Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. Camouflaging is provided by disguising the antenna facility as a broadleaf tree to match the existing vegetation and existing wireless facilities on the site. The equipment area will remain, thus, no screening shall be provided. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed relocation of the antennas to a new broadleaf tree is appropriate in size and scale to the context, setting and similar to the existing wireless facilities on the property. The proposed six-foot high wrought iron enclosure is conditioned to be painted green to blend in with the vegetation and planted with shrubs. 4. Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed relocation of the telecommunications facility is approximately 245 feet from the nearest residences, which is a sufficient distance to effectively buffer it from view. 5. Access. Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the access road which extends off of Eastgate Drive. On June 6, 2000, an easement agreement in the amount of $3, 000.00 annually, was approved by the City Council forPac Bell, now T -Mobile, to utilize the City -owned service road for utilities and access to the site. 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. Currently, T -Mobile has its antennas affixed to the water tank. However, Walnut Valley Water District has instructed T -Mobile to remove the antennas from the water tanks and relocate within the property due to refurbishment and seismic upgrades to the water tanks. The three existing telecommunications facilities located on the site, while equipped for co -location, do not permit the new antennas to meet the height requirements necessary to provide adequate coverage for the area. Therefore, the telecommunications antennas will be attached to a new 35 -foot high freestanding structure disguised as a broadleaf tree. D. CONDITIONS OF APPROVAL Based on the findings and conclusions set forth above, the Planning Commission hereby approves the proposed project subject to the following conditions and the attached standard conditions: 5 CUP and OR No PL 2010-253 All antennas, structural components and other apparatus attached to the broadleaf tree, shall be painted and maintained dark green to match the leafs and shall be a noncorrosive nonmetallic finish that is conducive to reflection or glare. 2. The proposed wrought iron fence shall be painted green to blend in with the existing vegetation. 3. The project shall substantially conform to Title Sheet, Site Plan, Antenna and Layout Plan, Elevations, Landscape Plan, and Details 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 telecommunications facilities. 8. Signs and advertising shall be prohibited on the antenna array. 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. 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 telecommunications facility shall be underground. 13. 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. 14. Co -Location Agreement: The applicant and property owner consents to the future co -location of facilities on the structure to be used by the applicant, unless technical considerations preclude that co -location. 6 CUP and DR No PL 201D-253 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: RLS, Attention: Thomas Mundl, 1594 N. Batavia Street, Orange, CA 92867; Walnut Valley Water District, Attention: Cregg Zimmerman, 271 Brea Canyon Rd. Walnut, CA 91789. APPROVED AND ADOPTED THIS 8th DAY OF FEBRUARY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of February 2011, by the following vote: AYES: Commissioners: Lee, Lin, Nielson, VC/Shah, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Greg Gub n, AICP Community Development Director 7 CUP and DR No. PL 2010-253 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit and Development Review No. PL 2010-253 SUBJECT: New 35 -Foot High Wireless Telecommunications Facility APPLICANT: T -Mobile LOCATION: 24495 EastgateDrive, 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 2010-253 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 Conditional Use Permit and Development Review No. PL 2010-253, at the City of Diamond Bar Community Development Department, their affidavit stating that they 8 CUP and DR No PL 2010-253 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. 2011-04, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Priorto any plan check, all deposit accounts for the processing of this project shall have no deficits. 9 CUP and DR No. PL 2010-253 C. TIME LIMITS The approval of Conditional Use Permit and Development Review No. PL 2010-253 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, and landscape plans 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 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: 1. Any work within the Public Rights -of -Way will require a separate encroachment permit from the Public Works/Engineering Department. 10 CUP and DR No. PL 2010-253 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. All retaining walls shall be submitted to the Building and Safety Division and Public Works Department for review and approval. 12. Submit grading plans showing clearly all finished elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 11 CUP and DR No PL 2010-253 PLANNING COMMISSION RESOLUTION NO. 2011-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW NO. PL 2010-253, TO RELOCATE EXISTING CELLULAR ANTENNAS FROM A WATER TANK TO A NEW 35 -FOOT HIGH ARTIFICIAL BROADLEAF TREE, AND UPGRADE ASSOCIATED EQUIPMENT, LOCATED AT 24495 EASTGATE DRIVE (APN: 8701-006-900) A. RECITALS 1. The property owner, Walnut Valley Water District, and applicant, T -Mobile, have filed an application for Conditional Use Permit and Development Review No. PL2010-253 to remove existing cellular antennas from the water tank and relocate the antennas on a 35 -foot high new broadleaf tree within the property located at Walnut Valley Water District's Eastgate Reservoir, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall collectively be referred to as the "Project." 2. The subject property is comprised of one parcel totaling 161,172 square feet (3.70 acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Water (W). 3. The legal description of the subject property is Parcel Map as per Book 28 Page 16 to 40 Lot 14. The Assessor's Parcel Number (APN) is 8701-006-900. 4. On January 28, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the 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. 5. On February 8, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said 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 15303 (new construction of small structure) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, 22.48, and 22.42.130, this Planning Commission hereby finds as follows: Conditional Use Permit Findings (DBMC Section 22.58) 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 DBMC Section 22.08.030 Table 2-3, wireless telecommunication facilities are allowed in the RL zoning district. Additionally, this location is identified on the City's Telecommunications Facilities Opportunities Map. The proposed 35 -foot high broadleaf tree wireless facility complies with the development standards for wireless telecommunications facilities. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed project entails the removal of existing cellular antennas on a water tank and relocates the antennas to a new broadleaf tree within the property already developed with three existing wireless telecommunication facilities. The relocation of the antennas will not interfere with wireless coverage to subscribers in the area, nor will it create traffic or pedestrian hazards. As a result, staff finds the proposed project is compatible with the surrounding neighborhood since there are three existing cellular sites on the property. The site is also 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 freestanding antenna support structure is designed to be consistent with the three other antennas on the site and blends in with the surrounding trees and vegetation. The ground equipment is existing, which will have minor upgrades, thus will not affect the existing location. The reservoir site is a 3.7 gross -acre site developed with two above -ground municipal water storage tanks and three existing telecommunications facilities. The existing and 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. 2 CUP and DR No. PL 2010-253 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 telecommunications facility's location is consistent with the City's Telecommunications Facilities Opportunities Map, which identifies public facilities as a location for this type of use. As referenced above, the project site is physically suitable for the type and intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. Since the antennas are being removed and relocated within the site, the intensity of the use will remain. 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 proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire 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. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303 (new construction of small structure) of the CEQA Guidelines. Development Review (DBMC Section 22.48) 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 2 of the Conditional Use Permit Findings of Fact, 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 2 and 3 of the Conditional Use Permit Findings of Fact, the design and layout of the Project will not interfere with the use and 3 CUP and DR No. PL 2010-253 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 1 through 4 of the Conditional Use Permit Findings of Fact, the architectural design of the Project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As discussed above in Items 3 and 4 of the Conditional Use Permit Findings of Fact, 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 4 of the Conditional Use Permit Findings of Fact, prior to 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 Departments, and Los Angeles County Fire 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. Wireless Facilities (DBMC Section 22.42.130) 1. Environmental integration. To the extent which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The Project integrates the antennas onto a new freestanding structure disguised as a broadleaf tree so as to blend in well with the existing vegetation and three existing wireless facilities on the property. 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. 4 CUP and DR No, PL 2010-253 2. Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. Camouflaging is provided by disguising the antenna facility as a broadleaf tree to match the existing vegetation and existing wireless facilities on the site. The equipment area will remain, thus, no screening shall be provided. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed relocation of the antennas to a new broadleaf tree is appropriate in size and scale to the context, setting and similar to the existing wireless facilities on the property. The proposed six-foot high wrought iron enclosure is conditioned to be painted green to blend in with the vegetation and planted with shrubs. 4. Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed relocation of the telecommunications facility is approximately 245 feet from the nearest residences, which is a sufficient distance to effectively buffer it from view. 5. Access. Proposed ingress to and egress from the site of the proposed facility. The proposed project will have access from the access road which extends off of Eastgate Drive. On June 6, 2000, an easement agreement in the amount of $3,000.00 annually, was approved by the City Council for Pac Bell, now T-Mobile, to utilize the City- owned service road for utilities and access to the site. 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. Currently, T-Mobile has its antennas affixed to the water tank. However, Walnut Valley Water District has instructed T-Mobile to remove the antennas from the water tanks and relocate within the property due to refurbishment and seismic upgrades to the water tanks. The three existing telecommunications facilities located on the site, while equipped for co -location, do not permit the new antennas to meet the height requirements necessary to provide adequate coverage for the area. Therefore, the telecommunications antennas will be attached to a new 35 -foot high freestanding structure disguised as a broadleaf tree. D. CONDITIONS OF APPROVAL Based on the findings and conclusions set forth above, the Planning Commission hereby approves the proposed project subject to the following conditions and the attached standard conditions: 5 CUP and DR No PL 2010-253 1. All antennas, structural components and other apparatus attached to the broadleaf tree, shall be painted and maintained dark green to match the leafs and shall be a noncorrosive nonmetallic finish that is conducive to reflection or glare. 2. The proposed wrought iron fence shall be painted green to blend in with the existing vegetation. 3. The project shall substantially conform to Title Sheet, Site Plan, Antenna and Layout Plan, Elevations, Landscape Plan, and Details 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 telecommunications facilities. 8. Signs and advertising shall be prohibited on the antenna array. 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. 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 telecommunications facility shall be underground. 13. 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. 14. Co -Location Agreement: The applicant and property owner consents to the future co -location of facilities on the structure to be used by the applicant, unless technical considerations preclude that co -location. 6 CUP and DR No PL 2010-253 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: RLS, Attention: Thomas Mundl, 1594 N. Batavia Street, Orange, CA 92867; Walnut Valley Water District, Attention: Cregg Zimmerman, 271 Brea Canyon Rd. Walnut, CA 91789. APPROVED AND ADOPTED THIS 8th DAY OF FEBRUARY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Ony Torng, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of February 2011, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Commissioners: Lee, Lin, Nelson, VC/Shah, Chair/Torng Commissioners: None Commissioners: None Commissioners: None ATTEST: Greg Gubriin, AICP Community Development Director 7 CUP and DR No. PL 2010-253 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit and Development Review No. PL 2010-253 SUBJECT: New 35 -Foot High Wireless Telecommunications Facility APPLICANT: T -Mobile LOCATION: 24495 EastgateDrive, 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 2010-253 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 Conditional Use Permit and Development Review No. PL 2010-253, at the City of Diamond Bar Community Development Department, their affidavit stating that they 8 CUP and DR No PL 2010-253 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. 2011-04, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7 The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 9 CUP and DR No. PL 2010-253 C. TIME LIMITS 1. The approval of Conditional Use Permit and Development Review No. PL 2010-253 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, and landscape plans 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Any work within the Public Rights -of -Way will require a separate encroachment permit from the Public Works/Engineering Department. 10 CUP and DR No. Pt 2010-253 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.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. All retaining walls shall be submitted to the Building and Safety Division and Public Works Department for review and approval. 12. Submit grading plans showing clearly all finished elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 13. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) END 11 CUP and DR No PL 2010-253