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HomeMy WebLinkAboutPC 2011-27A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2011-349 TO INSTALL A MICRO -CELLULAR ANTENNA AND ANCILLARY EQUIPMENT TO A NEW 31'-6" HIGH, ROUND CONCRETE POLE. THE SUBJECT SITE IS LOCATED WITHIN THE PUBLIC RIGHTS- OF-WAY ALONG THE WEST SIDE OF CHINO HILLS PARKWAY, SOUTH OF CHINO AVENUE. A. RECITALS 1. Applicant, NextG Networks of California, Inc., has filed an application for Conditional Use Permit No. PL 2011-349 to install a micro -cellular antenna and ancillary equipment to a new 31'-6" high, round concrete pole. The subject site is located within the Public Rights -of -Way along the west side of Chino Hills Parkway, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall collectively be referred to as the "Project." 2. The subject property is located along the west side of Chino Hills Parkway, South of Chino Avenue. 3. On December 2, 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. 4. On December 13, 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 10, construction of srnall structure) of the CEQA Guidelines. Therefore, no further environmental review is required. 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) 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; Wireless telecommunications facilities are allowed in the public FLOW. The location of the proposed micro -cellular antenna conforms to DBMC Section 22.42.130 (G. 6. F. 1), by locating the proposed site at a pre -approved location. 2. The proposed use is consistent with the General Plan and any applicable specific plan; The site is proposed in the public right-of-way. The proposed use is consistent with the General Plan Land Use Goal 2, Strategy 2.2.3. "Where land uses of significantly different intensity 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 2.2.3 because it will not create a new source of noise and will generate a very minimal amount of traffic by infrequent maintenance visits. The micro -cellular antenna and ancillary equipment will be affixed to a new 31'-6" high, round concrete pole painted to match the color of the pole and shall be a noncorrosive nonmetallic finish that is conductive to reflection or glare. In addition, staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future. Currently, the surrounding area is in a remote undeveloped area with no buildings, trees, or street lights along Chino Hills Parkway. However, if and when development occurs and a street lighting plan is proposed, the applicant shall be required to remove the concrete pole and replace it with a structure that is compatible with development such as a street light pole along Chino Hills Parkway. Therefore, the proposed facility will have no adverse effects in the surrounding area. 2 Planning Commission Resolution No 2011-27 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; A micro -cellular antenna and ancillary equipment attached to a new 31'-6" high, round concrete pole along the west side of Chino Hills Parkway in the public ROW is being proposed. Currently, the surrounding area is in a remote undeveloped area with no buildings, trees, or street lights along Chino Hills Parkway. There are no plans in the near future to make any type of improvements to the area, which is why a concrete pole is an acceptable design at this time. In addition, staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future with a structure that is compatible with development along Chino Hills Parkway. 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 a micro -cellular antenna and ancillary equipment attached to a new 31'-6" high, concrete pole will not interfere with pedestrian access. Currently the surrounding area is in a remote undeveloped area with no sidewalks, buildings, trees, or street lights along Chino Hills Parkway, which makes a concrete pole appropriate at this location. 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. 3 Planning Commission Resolution No 2011-27 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 proposes a micro -cellular antenna and ancillary equipment attached to a new 31 '-6" high, round concrete pole. The proposed design for the site is the least intrusive on the community since it is being proposed at a pre -approved location within the public right-of-way and there is no development in the surrounding area as prescribed by the General Plan and Diamond Bar Development Code (DBDC) Section 22.42.130 (G. 6. F. 1). 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 and ancillary equipment to a new concrete pole and painted to match the color of the concrete pole and shall be a noncorrosive nonmetallic finish that is conductive to reflection or glare. Chino Hills Parkway is located at the east end of the City limits, south of the 60 Freeway. The area is surrounded by hills and prairies in a remote undeveloped area with no buildings, trees, or streetlights. Therefore, a concrete pole with an antenna affixed to the top is an acceptable design. However, staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future with a structure that is compatible with development proposed along Chino Hills Parkway. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed installation of a micro -cellular antenna and ancillary equipment are to be attached to a new 31-6" high, round concrete pole. 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 3,025 feet from the nearest residences, which is located outside City boundaries. 5. Access. Proposed ingress to and egress from the site of the proposed facility. 4 Planning Commission Resolution No, 2011-27 Access to the proposed project is situated along the west side of Chino Hills Parkway. 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 and ancillary equipment will be affixed to a new 31'-6" high, round concrete pole and complies with factors considered in approving a wireless telecommunications antenna pursuant to DBDC Section 22.42.130 (G. 6, F. 1). There is a coverage gap that extends along Chino Hills Parkway between Chino Avenue and the city boundary. Service to cellular customers is affected by this coverage gap, which is why NextG Networks 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 cellular customers. The project area is located along Chino Hills Parkway, which is located at the east end of the City limits, south of the 60 Freeway. The area is surrounded by hills and prairies in a remote undeveloped area with no trees, building, or streetlights in sight. Staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future, However, if and when development occurs and a street lighting plan is proposed, the applicant shall remove the concrete pole and replace it with a structure that is compatible with development proposed along Chino Hills Parkway. 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 a new 31'-6" high, round concrete pole shall be painted to match the new pole and shall be a noncorrosive nonmetallic finish that is conducive to reflection or glare. 5 Planning Commission Resolution No 2011-27 2. The applicant shall make upgrades to the site when and if development occurs in the future with a structure that is compatible with development along Chino Hills Parkway. An example of compliance with this condition includes, but is not limited to, removing the support structure upon which the equipment is located, and relocating or replacing the equipment on a streetlight. 3. The project shall substantially conform to Title Sheet, Site Plan, Antenna and Layout Plan, Elevations, 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 DgMC Chapter 22.28. 7. Signs and advertising shall be prohibited on the antenna array. 8. No lighting shall be installed on the wireless antennas or associated equipment. 9. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. 10. 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. 11. All cables and wiring for the telecommunications facility shall be underground. 12. 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 Planning Commission Resolution No. 2011-27 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: Rafael Nunez, NextG Networks of California, Inc., 2125 Wright Avenue, Suite C9, La Verne, CA 91750, and Randy Dimacali, Coastal Communications, 3355 Mission Avenue, Suite 234, Oceanside, CA 92058. APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 'Jack S ah, Chairman, 1, 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 13th day of December 2011, by the following vote: AYES; Commissioners: Nelson, Torng, VC/Lee, Chair/Shah NOES: Commissioners: None ABSTAIN- Commissioners: None ABSENT: Commissioners: Lin ATTEST. Greg Gubman, AICP Community Development Director 7 CUP No PL 2011-349 ■ r. SUBJECT: Install a micro -cellular antenna and ancillary equipment to a new 31'-6" high, round concrete pole in the public right-of-way along the west side of Chino Hills Parkway. APPLICANT: NextG Networks of California, Inc LOCATION: Public Right -of -Way on along the west side of Chino Hills Parkway, Diamond Bar, CA • 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 2011-349 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. 8 Planning Commission Resolution No 2011-27 (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 No. PL 2011-349, 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. 2011-27, 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 Developrnent 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. 9 Planning Commission Resolution No 2011-27 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. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL 2011-349 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. 10 Planning Commission Resolution No 2011-27 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. A separate public works encroachment permit shall be obtained prior to the start of work. The scope of work, traffic control, and fees will be assessed separate from the Planning Conditional Use Permit. 2. The node installation is subject to all terms and conditions pursuant to the Fright -of -Way Use Agreement between NextG Networks and the City of Diamond Bar. 3. Installation of any above ground facilities in the public sidewalk must be located such that a minimum clear walkway distance of 36" is maintained for ADA clearance. In this case, since there is no sidewalk, the pole shall be located entirely within the two -foot offset from the back of curb. 4. Any centerline ties and monuments that are removed as part of this construction effort shall be replaced and recorded with the Los Angeles County Recorder's Office. 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., 2010 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 D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 11 Planning Commission Resolution No 2011-27 3. Grounding shall be provided for electrical equipment. 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. 12 Planning Commission Resolution No 2011-27