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HomeMy WebLinkAboutPC 2011-12PLANNING COMMISSION RESOLUTION NO. 2011-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2010-355, TO REMOVE AN EXISTING EDISON-OWNED STREET LIGHT POLE AND REPLACE WITH A NEW 29'-6" HIGH STREET LIGHT POLE WITH ATTACHED MICRO -CELLULAR ANTENNA, WHICH MEASURES UP TO 36 FEET TO THE TOP OF THE GPS ANTENNA ALONG WITH ASSOCIATED EQUIPMENT. THE SUBJECT SITE IS LOCATED WITHIN THE PUBLIC RIGHTS- OF-WAY ON DIAMOND BAR BOULEVARD AND ASSOCIATED EQUIPMENT IS LOCATED ACROSS THE STREET IN THE PUBLIC RIGHTS-OF-WAY AND ON A CITY -OWNED PARCEL AT 760 S. DIAMOND BAR BLVD (APN: 8701-006-905). A. RECITALS Applicant, T -Mobile, have filed an application for Conditional Use Permit No. PL 2010-355 to remove an existing Edison -owned street light pole and replace with a new 29-6" street light pole with a micro -cellular antenna, which measures up to 36 feet to the top of the GPS antenna. The subject site is located within the public rights-of-way on Diamond Bar Blvd. and the associated equipment is located across the street in the public rights-of-way and at 760 S. Diamond Bar Blvd, 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 located in the public rights-of-way on Diamond Bar Blvd., and is also located on a parcel totaling 1,365,606 square feet (31.35 acres) at 760 S. Diamond Bar Boulevard. It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of RL. 3. The legal description of the subject property is Tract 31479. The Assessor's Parcel Number (APN) is 8701-006-905. 4. On April 1, 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 April 12, 2011, the Planning Commission continued the item to the April 26, 2011, meeting. 6. On April 26, 2011, the Planning Commission continued the item to the May 10, 2011, meeting. 7. On May 10, 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, 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 the Municipal Code; Pursuant to DBMC Section 22.08.030 Table 2-3, wireless telecommuni- cations facilities are allowed in the ROW and RL zoning district. In addition, micro -cellular antennas attached to a street light pole comply with factors considered in approving wireless telecommunications antenna facilities pursuant to DBMC Section 22.42.130 (G. 6. F. 2). 2. The proposed use is consistent with the General Plan and any applicable specific plan; The General Plan land use designation is Low Density Residential (RL). The proposed use is consistent with the General Plan Land Use Goal 2, Strategy 2.2.1: "Require that new development be compatible with surrounding land uses, "and Strategy 2.2.3: "Where land uses of significantly different intensity 2 CUP No. PL 2010-355 or use are planned adjacent to each other, ensure that individual site designs and operations are managed in such a manner as to avoid the creation of nuisances and hazards. " The proposed facility meets Strategy 2.2.1 since the structure is an unmanned telecommunications facility camouflaged into a street light pole. The proposed facility meets Strategy 2.2.3 because it will not create a new source of light and noise, and will generate a very minimal amount of traffic by infrequent maintenance visits. The antennas will be affixed to the street light in a cylindrical shroud (radome) painted to match the color of the street light pole. In addition, the associated above ground equipment shall be screened with live vegetation from public view. Therefore, the proposed facility will have no adverse effects on the surrounding neighborhood. 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; An existing Edison -owned street light pole is to be removed and replaced with a new 29'-6" street light pole with an attached micro -cellular antenna, which measures up to 36 feet to the top of the GPS antenna in the public rights-of-way along Diamond Bar Blvd. The associated ground equipments will be located across the street in the public rights-of-way and on a City - owned parcel and shall be screened with live vegetation. There are 10 existing cellular antennas of similar design located in the public rights-of-way within the City. The proposed facility is unmanned and is subject to routine maintenance. As such, the operational characteristics are compatible with other public utility and infrastructure facilities. 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 subject site is physically suitable because the existing 29'-6" octagonal concrete street light pole is being replaced with a new similar 29'-6" round concrete street light pole. The associated ground -mounted equipment will be located in the adjacent City -owned parcel, which shall be screened by live vegetation, and will not interfere with pedestrian access and is visually non - obtrusive. 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 3 CUP No. PL 2010-355 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 ormaterially injurious to the properties or improvements in the vicinity. 8. 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. 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 street light pole to blend in with the existing street light poles within the vicinity. The proposed design for the site is the least intrusive on the community values since it is within a radome, installed onto a street light pole as prescribed by the General Plan and Diamond Bar Development Code (DBDC) Section 22.42.130 (G. 6. F. 2). 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 attaching the antenna to a street light pole to match the existing street light poles. The associated equipment above ground shall be screened from public view with live vegetation around the equipment. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed removal of an Edison -owned streetlight pole and replacement with a similar street light pole with an attached micro -cellular antenna is appropriate in size and scale to the context, setting and similar to existing street light poles. The proposed associated equipments are conditioned to be screened from public view with live vegetation around the equipment. 4 CUP No. PL 2010.355 4. Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed wireless telecommunications facility is approximately 157 feet from the nearest residences, and is located within the Low Density Residential zone. 5. Access. Proposed ingress to and egress from the site of the proposed facility. Access to the proposed project is situated on Diamond Bar Boulevard north of Tin Drive 6. Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences — co -location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. As previously mentioned, the proposed micro -cellular antenna will be affixed to a street light pole and complies with factors considered in approving a wireless telecommunications antenna pursuant to DBDC Section 22.42.130 (G. 6. F. 2). There is a coverage gap that extends along Diamond Bar Blvd between Sycamore Canyon Park and Lorbeer Middle School. Service to T -Mobile customers is affected by this coverage gap, which is why T -Mobile has proposed a cell site in the proposed location. By closing the existing coverage gap, the proposed telecommunications facility will improve coverage to all existing and future T -Mobile customers. Maps comparing coverage with and without the proposed cell site are provided in Attachment 4. 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: All antennas, structural components and other apparatus attached to the street light pole shall be painted and maintained to match the concrete pole and shall be a noncorrosive nonmetallic finish that is conducive to reflection or glare. 2. Live vegetation shall be installed around the proposed associated ground - mounted equipments to screen the equipment from public view, along with an irrigation system. 5 CUP No. PL 2010-355 3. A final landscape and irrigation plan shall be submitted and approved by the Community Development Department prior to issuance of any City permits. 4. The applicant shall be responsible for any associated costs for the installation and maintenance of the water meter, irrigation system, and vegetation. 5. 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. 6. Applicant shall comply with all Federal, State and City regulations. 7. 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. 8. When an emergency generator is used on site, the noise level of the generator shall comply with the City's noise standards in DBDC Chapter 22.28. 9. Signs and advertising shall be prohibited on the antenna array. 10. No lighting shall be installed on the wireless antennas or associated equipment. 11. 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. 12. 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. 13. All cables and wiring for the telecommunications facility shall be underground. 14. 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. 6 CUP No. PL 2010-355 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: Monica Moretta, Sequoia Deployment Services, One Venture, Suite 200, Irvine, CA 92618; and Linda Paul, T -Mobile, 3257 E. Guasti Road, Suite 200, Ontario, CA 91761. APPROVED AND ADOPTED THIS 10th DAY OF MAY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M. Jack Shah, 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 10th day of May 2011, by the following vote: AYES: Commissioners NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: Lin, VC/Lee, Chair/Shah None None Nelson, Torng ATTEST: Greg Gubm , AICP Community Development Director 7 CUP No PL 2010.355 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2010-355 SUBJECT: Remove an existing Edison -owned street light pole and replace with a similar street light pole with an attached micro -cellular antenna. APPLICANT: T -Mobile LOCATION: Public ROW on Diamond Bar Blvd. and 760 S. Diamond Bar Blvd, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. PL 2010-355 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 8 CUP No. PL 2010-355 claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. PL 2010-355, 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. 2011-12, 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. 9 CUP No. PL 2010-355 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. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. PL 2010-355 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., small be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property ownerloccupant. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of 10 CUP No, PL 2010-355 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 An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 2. Construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment area will not be permitted within the public rights-of-way. C. OFF-SITE STREET IMPROVEMENTS All work within the public rights-of-way will require a separate permit from the Public Works Department. All applicable fees shall be paid. Additional permit conditions may be imposed upon submittal of permit application. 2. A traffic control plan, signed and stamped by a registered engineer in the state of California, shall be submitted concurrently with the permit application. 3. All work within the public rights-of-way shall maintain Americans with Disabilities Act (ADA) compliance. 11 CUP No PL 2010-355 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 for wind in this area is 95 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 4. Shoring shall be maintained for any open trenches in conformance to OSHA standards. 5. Protection of trenches shall be maintained at all times. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 12 CUP No. PL 2010-355 PLANNING COMMISSION RESOLUTION NO. 2011-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2010-355, TO REMOVE AN EXISTING EDISON-OWNED STREET LIGHT POLE AND REPLACE WITH A NEW 29'-6" HIGH STREET LIGHT POLE WITH ATTACHED MICRO -CELLULAR ANTENNA, WHICH MEASURES UP TO 36 FEET TO THE TOP OF THE GPS ANTENNA ALONG WITH ASSOCIATED EQUIPMENT. THE SUBJECT SITE IS LOCATED WITHIN THE PUBLIC RIGHTSOF- WAY ON DIAMOND BAR BOULEVARD AND ASSOCIATED EQUIPMENT IS LOCATED ACROSS THE STREET IN THE PUBLIC RIGHTS- OF-WAY AND ON A CITY -OWNED PARCEL AT 760 S. DIAMOND BAR BLVD (APN: 8701-006-905). A. RECITALS 1. Applicant, T -Mobile, have filed an application for Conditional Use Permit No. PL 2010-355 to remove an existing Edison - owned street light pole and replace with a new 29-6" street light pole with a micro -cellular antenna, which measures up to 36 feet to the top of the GPS antenna. The subject site is located within the public rights-of-way on Diamond Bar Blvd. and the associated equipment is located across the street in the public rights-of-way and at 760 S. Diamond Bar Blvd, 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 located in the public rights-of-way on Diamond Bar Blvd., and is also located on a parcel totaling 1,365,606 square feet (31.35 acres) at 760 S. Diamond Bar Boulevard. It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of RL. 3. The legal description of the subject property is Tract 31479. The Assessor's Parcel Number (APN) is 8701-006-905. On April 1, 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 April 12, 2011, the Planning Commission continued the item to the April 26, 2011, meeting. On April 26, 2011, the Planning Commission continued the item to the May 10, 2011, meeting. 7 On May 10, 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, 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 the Municipal Code; Pursuant to DBMC Section 22.08.030 Table 2-3, wireless telecommunications facilities are allowed in the ROW and RL zoning district. In addition, micro -cellular antennas attached to a street light pole comply with factors considered in approving wireless telecommunications antenna facilities pursuant to DBMG Section 22.42.130 (G.6.F.2). 2. The proposed use is consistent with the General Plan and any applicable specific plan; The General Plan land use designation is Low Density Residential (RL). The proposed use is consistent with the General Plan Land Use Goal 2, Strategy 2.2.1: "Require that new development be compatible with surrounding land uses," and Strategy 2.2.3: "Where land uses of significantly different intensity 2 CUP No. PL 2010-355 or use are planned adjacent to each other, ensure that individual site designs and operations are managed in such a manner as to avoid the creation of nuisances and hazards." The proposed facility meets Strategy 2.2.1 since the structure is an unmanned telecommunications facility camouflaged into a street light pole. The proposed facility meets Strategy 2.2.3 because it will not create a new source of light and noise, and will generate a very minimal amount of traffic by infrequent maintenance visits. The antennas will be affixed to the street light in a cylindrical shroud (radome) painted to match the color of the street light pole. In addition, the associated above ground equipment shall be screened with live vegetation from public view. Therefore, the proposed facility will have no adverse effects on the surrounding neighborhood. 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; An existing Edison -owned street light pole is to be removed and replaced with a new 29'-6" street light pole with an attached micro - cellular antenna, which measures up to 36 feet to the top of the GPS antenna in the public rights-of-way along Diamond Bar Blvd. The associated ground equipments will be located across the street in the public rights-of-way and on a City- owned parcel and shall be screened with live vegetation. There are 10 existing cellular antennas of similar design located in the public rights-of-way within the City. The proposed facility is unmanned and is subject to routine maintenance. As such, the operational characteristics are compatible with other public utility and infrastructure facilities. 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 subject site is physically suitable because the existing 29'-6" octagonal concrete street light pole is being replaced with a new similar 29'-6" round concrete street light pole. The associated ground -mounted equipment will be located in the adjacent City - owned parcel, which shall be screened by live vegetation, and will not interfere with pedestrian access and is visually non - obtrusive. 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 3 CUP No. PL 2010-355 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. 8. 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. 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 street light pole to blend in with the existing street light poles within the vicinity. The proposed design for the site is the least intrusive on the community values since it is within a radome, installed onto a street light pole as prescribed by the General Plan and Diamond Bar Development Code (DBDC) Section 22.42.130 (G.6.F.2). 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 attaching the antenna to a street light pole to match the existing street light poles. The associated equipment above ground shall be screened from public view with live vegetation around the equipment. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed removal of an Edison -owned street light pole and replacement with a similar street light pole with an attached micro - cellular antenna is appropriate in size and scale to the context, setting and similar to existing street light poles. The proposed associated equipments are conditioned to be screened from public view with live vegetation around the equipment. 4 CUP No. PL 2010-355 4. Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed wireless telecommunications facility is approximately 157 feet from the nearest residences, and is located within the Low Density Residential zone. 5. Access. Proposed ingress to and egress from the site of the proposed facility. Access to the proposed project is situated on Diamond Bar Boulevard north of Tin Drive 6. Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences — co -location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. As previously mentioned, the proposed micro -cellular antenna will be affixed to a street light pole and complies with factors considered in approving a wireless telecommunications antenna pursuant to DBDC Section 22.42.130 (G.6.F.2). There is a coverage gap that extends along Diamond Bar Blvd between Sycamore Canyon Park and Lorbeer Middle School. Service to T -Mobile customers is affected by this coverage gap, which is why T -Mobile has proposed a cell site in the proposed location. By closing the existing coverage gap, the proposed telecommunications facility will improve coverage to all existing and future T -Mobile customers. Maps comparing coverage with and without the proposed cell site are provided in Attachment 4. 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: 1. All antennas, structural components and other apparatus attached to the street light pole shall be painted and maintained to match the concrete pole and shall be a noncorrosive nonmetallic finish that is conducive to reflection or glare. 2. Live vegetation shall be installed around the proposed associated ground- mounted equipments to screen the equipment from public view, along with an irrigation system. 5 CUP No. PL 2010-355 3. A final landscape and irrigation plan shall be submitted and approved by the Community Development Department prior to issuance of any City permits. 4. The applicant shall be responsible for any associated costs for the installation and maintenance of the water meter, irrigation system, and vegetation. 5. 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. 6. Applicant shall comply with all Federal, State and City regulations. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period review. If noncompliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. When an emergency generator is used on site, the noise level of the generator shall comply with the City's noise standards in DBDC Chapter 22.28. 9. Signs and advertising shall be prohibited on the antenna array. 10. No lighting shall be installed on the wireless antennas or associated equipment. 11. 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. 12. 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. 13. All cables and wiring for the telecommunications facility shall be underground. 14. 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. 6 CUP No. PL 2010-355 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: Monica Moretta, Sequoia Deployment Services, One Venture, Suite 200, Irvine, CA 92618; and Linda Paul, T -Mobile, 3257 E. Guasti Road, Suite 200, Ontario, CA 91761. APPROVED AND ADOPTED THIS 10th DAY OF MAY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jaok S ah, Chairman I, Greg Gubman, P anning 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 10th day of May 2011, by the following vote: AYES: Commissioners: Lin, VC/Lee, Chair/Shah NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Nelson, Torng ATTEST: Greg Gubm AICP Community Development Director 7 CUP No PL 2010-355 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2010-355 SUBJECT: Remove an existing Edison -owned street light pole and replace with a similar street light pole with an attached micro - cellular antenna. APPLICANT: T -Mobile LOCATION: Public ROW on Diamond Bar Blvd. and 760 S. Diamond Bar Blvd, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. PL 2010-355 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 8 CUP No. PL 2010-355 claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. PL 2010-355, 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. 2011-12, 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. 9 CUP No. PL 2010-355 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. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL 2010-355 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 10 CUP No, PL 2010-355 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. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 2. Construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment area will not be permitted within the public rights-of-way. C. OFF-SITE STREET IMPROVEMENTS 1. All work within the public rights-of-way will require a separate permit from the Public Works Department. All applicable fees shall be paid. Additional permit conditions may be imposed upon submittal of permit application. 2. A traffic control plan, signed and stamped by a registered engineer in the state of California, shall be submitted concurrently with the permit application. 3. All work within the public rights-of-way shall maintain Americans with Disabilities Act (ADA) compliance. 11 CUP No PL 2010-355 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 95 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 4. Shoring shall be maintained for any open trenches in conformance to OSHA standards. 5. Protection of trenches shall be maintained at all times. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 12 CUP No. PL 2010-355