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HomeMy WebLinkAboutPC 2020-11PLANNING COMMISSION RESOLUTION NO. 2020-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. PL2017-69 TO REMOVE AN EXISTING STREET LIGHT POLE AND REPLACE WITH A NEW SMALL CELL WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF ONE (1) CANISTER ANTENNA AND FOUR (4) REMOTE RADIO UNITS MOUNTED ON A NEW 29'-3" HIGH STREET LIGHT POLE AND RELATED UNDERGROUND EQUIPMENT WITHIN THE PUBLIC RIGHT-OF-WAY, LOCATED ON THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA. A. RECITALS 1. The applicant, Christopher Yoo, Black &Veatch, representing Verizon Wireless, has filed an application for a Conditional Use Permit No. PL2017-69 to remove an existing street light pole and replace with a new small cell wireless telecommunications facility consisting of one canister antenna and four (4) remote radio units mounted on a new 29'-3" high street light pole and related underground equipment within the public Right -of -Way (ROW), 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 site is located within the sidewalk of the public ROW, adjacent to the Mobil gas station, on the southeast corner of Grand Avenue and Golden Springs Drive, 3. On May 1, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On May 1, 2020, public hearing notices were mailed to property owners within a 500-foot radius of the Project site. In addition, public notices were posted at the City's four designated community posting sites and the City's website and the Project site was posted with a display board. 4. On May 12, 2020, 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 hetein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.58 and 22,42,130, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (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. Wireless telecommunications facilities are allowed in the public ROW. The location of the proposed small cell wireless telecommunications facility 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 ROW. The proposed use is consistent with the City's General Plan Goal PF-G-8: "Work with providers to deliver the best telecommunications service possible, including broadband internet, to Diamond Bar residents, businesses, and visitors," and Policy PF-P-42: "Encourage the deployment of broadband to as many areas in the community and key transportation corridors as possible and pursue additional providers to increase competition and improve quality of service." The proposed facility complies with Goal PF-G-8 and Policy PF-P-42 because it will fill the coverage gap for the area to meet infrastructure needs for the community. Small cell wireless telecommunications facilities are critical to support 5G, which is the fifth generation of wireless communications technologies supporting cellular data networks, which offers up to 100 times faster data download and upload speeds than its predecessor, 4G. 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. Since zoning designations on private property containing residential structures to the east and south prohibit the location of wireless facilities, and alternatives such as mounting an antenna to a building will not be suitable since the low data range is not capable of transmitting through buildings and other structures, installing 2 Planning Commission Resolution No. 2020-11 within the public ROW is the only feasible option to fill the coverage gap in the vicinity. The proposed street light pole will be located four feet north from an existing street light pole, which will remain in service while the new pole and equipment are being installed. The existing pole will be removed upon activation of the new equipment. The proposed wireless telecommunications facility is appropriately designed to it within the existing public ROW, by mimicking existing street light poles in the vicinity to the extent possible. The existing poles are constructed of pre -stressed concrete in an octagonal shape, and the proposed street light pole will be the same material and shape. With the canister antenna and RRUs placed on top of the pole, the height of the entire structure will be taller than existing street light poles, however, the proposed design balances coverage objectives with the least visual impact. The RRUs will be concealed by a fiberglass shroud, which will have a non -corrosive, non-metallic finish that is not conducive to reflection or glare. The canister antenna and shroud will be painted a neutral grey to blend with the pole finish and color. The proposed underground equipment will not be visible from the street. The proposed wireless telecommunications facility is unmanned and operates 24 hours a day, seven days a week. Maintenance is conducted on an as -needed basis. The Network Operation Center will issue a ticket which alerts a field engineer to resolve an issue. In the event that any maintenance or repairs to service the facility require temporary closure of lanes within the road or the public ROW, an encroachment permit will be obtained from the Public Works Department to protect pedestrians and drivers. 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 wireless facility will be mounted on top of a 29-3 high street light pole, which will not interfere with commercial activity or vehicular and pedestrian access. Since zoning designations on private property containing residential structures to the east and south prohibit the location of wireless telecommunications facilities, and because a small cell wireless telecommunications facility, when compared to a traditional tower, .is only able to transmit data at low ranges and is not capable of transmitting through buildings and other structures, installing within the public ROW is the only feasible option to fill the coverage gap in the vicinity. In addition, related equipment will be underground, which will not be visible from the street. 5. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Department requirements. The referenced 3 Planning Commission Resolution No. 2020-11 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. WIRELESS TELECOMMUNICATIONS 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 proposed wireless telecommunications facility is appropriately designed to fit within the existing public ROW, by mimicking existing street light poles in the vicinity to the extent possible. The existing poles are constructed of pre -stressed concrete in an octagonal shape, and the proposed street light pole will be the same material and shape. With the canister antenna and RRUs placed on top of the pole, the height of the entire structure will be taller than existing street light poles, however, the proposed design balances coverage objectives with the least visual impact. The RRUs will be concealed by a fiberglass shroud, which will have a non -corrosive, non-metallic finish that is not conducive to reflection or glare. The canister antenna and shroud will be painted a neutral grey to blend with the pole finish and color. The proposed underground equipment will not be visible from the street. Alternatives, such as mounting an antenna to a building will not be suitable since the low data range is not capable of transmitting through buildings and other structures. 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 mounting the canister antenna and RRUs encased by a fiberglass shroud, to a street light pole that matches the finish and color of existing street light poles. The fiberglass shroud will have a non -corrosive, non- metallic finish that is not conducive to reflection orglare. The canister and shroud will be painted a neutral grey to blend with the pole finish and color. The proposed underground equipment will not be visible from the street. The proposed facility is an appropriate solution to allow the installation of a freestanding wireless telecommunications facility disguised as a street light pole and associated underground equipment. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. 4 Planning Commission Resolution No. 2020-11 The proposed project consists of constructing a new wireless telecommunications facility on top of a new street light pole. The facility consists of the following components: One canister antenna, four (4) RRUs with power supply and diplexer, fiberglass shroud, power and fiber routed inside of the pole, and related underground equipment. The pole itself is 29'-3", as measured from the ground to the top of pole. The 244nch canister antenna and RRUs with power supply and diplexer will be mounted on top of the pole, which would bring the total height of the facility to 34'-9". Existing street light poles are approximately 31 feet high. With the canister and RRUs placed on top of the pole, the height of the entire structure will be taller than existing street light poles, however, the proposed design balances coverage objectives with the least visual impact. 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 252 feet away —measured at a horizontal distance —from the nearest residential lot line, wMere the minimum setback required per Code is 42 feet, based on the 34'-9" high pole. Maintenance visits are expected to occur on an as -needed basis and are not expected to have adverse impacts in the neighborhood. 5. Access. Proposed ingress to and egress from the site of the proposed facility. Access to the facility is from the public ROW. As mentioned, maintenance is conducted on an as -needed basis. The Network Operation Center will issue a ticket which alerts a field engineer to resolve an issue. In the event that any maintenance or repairs to service the facility require temporary closure of lanes within the road or the public ROW, an encroachment permit is required to be obtained from the Public Works Department to protect pedestrians and drivers. 6. Location. The location of the proposed facility and the extent to which it conforms to the following in order of preference — co -location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. As previously mentioned, the proposed facility will be mounted to a freestanding antenna structure disguised as a stealth wireless facility in the form of a street light pole and complies with the intent of the first preferred location identified in DBMC Section 22.42.130 (G.6.F.1), in that it will be located at a pre -approved location within the public ROW. In addition, the proposed underground equipment will be placed within the public ROW and will not be visible from the street. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions and standard conditions attached hereto and incorporated by reference: 5 Planning Commission Resolution No. 2020-i 1 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. Applicant shall comply with all Federal, State, County, and City regulations. 3. Prior to submitting for an encroachment permit, submit an updated detailed engineering calculation 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. 4. All antennas, shroud, structural components, and other apparatus shall be painted to match appropriate components of the street light pole and shall be a noncorrosive nonmetallic finish that is not conducive to reflection or glare. 5. , In the event that the antennas become inoperable or cease 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. 6. Any portion of the street light pole that is damaged shall be replaced within 30 days from the date of damage. 7. In the event that any maintenance or repairs to service the facility require temporary closure of lanes within the road or the public ROW, an encroachment shall be obtained from the Public Works Department. 8. All cables and wiring for the wireless telecommunications facility shall be underground. 9. Prior to installation of the light pole and related apparatus required for the activation, operation and maintenance of the approved microcell facility, the applicant shall: a. Contact the City Manager's Office to ascertain and comply with the City's requirements for a site license agreement pertaining to the ongoing use of right-of-way and infrastructure to serve the facility. b. Apply for and secure an encroachment permit with the Public Works Department, and pay applicable fees thereto. 10. Prior to submitting for an encroachment permit, the applicant shall submit a photometric study demonstrating that the illumination level of the new street light pole is not materially different from the existing, subject to approval by the Community Development Director. 11. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 6 Planning Commission Resolution No. 2020-11 The Planning Commission shall: aI Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, Christopher Yoo, Black & Veatch for Verizon Wireless, 5 Peters Canyon Rd. #300, Irvine, CA 92606, APPROVED AND ADOPTED THIS 121H DAY OF MAY 2020, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Kenn6th Mok, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of May, 2020, by the following vote: AYES: Commissioners: Barlas, Garg, Wolfe, VC/Rawlings, Chair/Mok NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None l'. ""l ATTEST:Ile Greg Gubman, AICP, Secretary 7 Planning Commission Resolution No. 2020-11 STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2017-69 SUBJECT: To remove an existing street light pole and replace with a new small cell wireless telecommunications facility consisting of one canister antenna and four (4) remote radio units mounted on a new 29'-3" high street light pole and related underground equipment within the Public Right -of -Way (ROW): PROPERTY City of Diamond Bar OWNER: 21810 Copley Dr. Diamond Bar, CA 91765 POLE Southern California Edison OWNER: 2 Innovation Way -1st Floor Pomona, CA, 91768 APPLICANT: Christopher Yoo Black & Veatch for Verizon Wireless 5 Peters Canyon Rd. #300 Irvine, CA 92606 LOCATION: 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 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. PL2017-69 brought within the time period provided by Government Code Section 66499,37. In the 8 Planning Commission Resolution No. 2020-77 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 No. PL2017-69, 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. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2020-11 and Standard Conditions 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. Prior to the plan check, site plans and 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. The property owner/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 Planning Commission Resolution No. 2020-11 I0 FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) 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 comes first. 2. Prior to Jr plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2017-69 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). The applicant may request in writing a one-year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. 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 attached referenced as site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All underground equipment shall be screened from public view. 3. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 4. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. 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 ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 10 Planning Commission Resolution No. 2020-11 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. The project shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's), as specified in the Storm Water BMP Certification. B. OFF -SITE STREET IMPROVEMENTS 1. Prior to building permit issuance, applicant shall obtain an encroachment permit from the Public Works Department for any work/construction within the public ROW. 2. Prior to encroachment permit issuance, obtain a copy of the City's trench details. 3. Maintain required clearance between the existing catch basin and proposed light pole per APWA standards. 4. Maintain ADA required clearances as required per 2019 California Building Code. 5. The proposed new pre -stressed concrete streetlight pole shall be designed by a licensed structural engineer to support the proposed Verizon small cell and shall conform to the applicable SCE and Los Angeles County standards. C. UTILITIES 1. If any, underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arboristI 2. Prior to encroachment permit issuance, obtain a copy of the City's guideline for removal of utility and construction identification markings (USA markings). D. TRAFFIC 1. Obtain a copy of the City's traffic interconnect plan and traffic signal plans to avoid conflicts (if any). 2. Prior to encroachment permit issuance, applicant shall submit a traffic control plan for City review and approval. fd.T�7 11 Planning Commission Resolution No. 2020-11