HomeMy WebLinkAboutCUP 2002-04 (Holiday Inn)I UBJJyy:u' IJ 0 crff OF DIAMOND BAR
DEPARTMENT OF
COMMUNITY & DEVELOPMENT SERVICES
Planning Division
21660 E. Copley Drive Suite 190, Diatnond Bar, CA 91765
909)396-5676 Fax(909)861-3117
MTW) Z CONDITIONAL USE PERMIT. APPLICATION
Record Owner
Name iEinno.)Z 13ar P.W_
bast name first) Foo
Address Z17Z5 G4> t Cl•r. 1V.
City d-) g 11A,I CA,
Zip ci 1'7L S
Phone( ) NCxt) 8G1- CAS 22
Fax ( )
Applicant
Last nam `e first)``
14,700 /VOY k e,a4C IJ'GO
SQGC4Mt.i e LA
958314
Phone( ) Aye.) 470- 7100
Fax ( ) (q,I) r,20- Z34 3
Casc a
FPL # 2-&0-0- A-1
Deposit $__ /000.
pt #
B
Date Recd
FOR Cm' USE
Applicant's Agent
bast name first)
Phone( ) %Lla 2 / Z 934 4:
Fax ( )
NOTE: It is the applicant's responsibility to notify the City in writing of any change of 'the principals involved during the
processing of this case.
Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of
corporations.)
Consent: I cer* that I am the owner of the herein described property and permit the applicant to file this requeiL
Signed 6.st sct Lefkr c AoAtorr, -e gt oy Date
All record owners)
Certification: I, the undersigned, hereby certify under penally ofperjury that the information herein provided is correct to the
best of my knowledge.
Print Name L:
Signed
Location
I
Zo '
Prev ous Cases
Use
SI
i 11 S•lc.
t or Agent)
Applicant or Agent)
f^'-,# ...'.'s - tract ar.' lot nu ntwr)
U
A l\i? a U_ I C
Use of Site
Date
House Numbering Map III N X37
City of Diamond Bar _
CONDITIONAL USE PERMIT
Proj ect Size (gross acres) NTA - coat are s '!5, -sl off• e v roa Project Density
Previous Cases
Present Use of Site. s%N M4,,W cA Yoa S lap We c n.*- o i c % t o N s _ 5. E .
for CoIloc4:., o,J Sao o.
Domestic Water Source A) Company/District Al fk .
Method of Sewage Disposal Nh. Sanitation District kh.
Grading of Lots by Applicant? YES NO x Amount /J
Show necessary grading design on site plan or tent. map)
Page Two
rig
TTIONAL USE PERMIT BURDEN OF f ,OF
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning
Commission, the following facts: (answers must be full & complete)
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding
area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of other"persons located in the
vicinity of the site, or
3. Jeopardize,endanger or otherwise constitute a menace to the public health, safety or general welfare.
Sec aAiec1e 1ACs
B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading
facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in
order to integrate said use with the uses in the surrounding area.
SCA AYtv104.-1 aaSWCr, Cal Si"t 011-15
i
C. That the proposed site is adequately served:
1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of
traffic. such use would generate, and
2. By other public or private service facilities as are required.
jdCiS `1AIM6MNCC o C a,d l SeV'Ot AJO Leal 6 oa O ?i4 trt. KlDoif
YhdC.C[taS
T
Residential: &I /h I
TOtpt
Totai rkg.
Bachelor
Cov. Pkg.
Project Size: Midi, -#A Lot Coverage:
1 Bedroom
Uncov. Pkg.
2 Bdrm. & larger
Density: A) & Maximum Height: AI & No. of floors: Al Sq. Footage NO.
Ce11 1•t av:vtltss
Non-residential: Co 1l A. -G r • rt.v z +: s1+' 00 &#J%
Sq. ft. area No. of Bldgs. Occupant Load*
CUP Burden of Proof - Page I
NoNc wi 1\ be aZ
Parking:
Total
Landscaping: '-JA roo S 4 D
Sq. feet
Standard Compact
7
Handicap
Grading: Y _ N X If yes, Quantity:
Cut:
Fill:
Import: Y _ N X If yes, Quantity:
Export: Y _ N i If yes, Quantity:
Occupant Load as calculated by the Building & Safety Division is required for all dining, take-out or assembly use, churches,
health clubs, theaters, etc.
LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s)
see- asL on., e
Area devoted to structures V o a 1n a . Landscaping/Open spaces
Residential Project: and
gross area) (No. of lots)
Proposed density
Units/Acres)
Parking
r
Required Provided
Standard No at 11 b a
Compact
Handicapped
Total
Conditional Use Permit Burden of Proof - Page 2
Staff Use
Project No.
INITIAL STUDY,QUESTIONNAIRE
to be completed by'applicant)-
r
Project Applicant ((Owner):
c
l iGMftdJ ,fCJV gA (' IF
NAME
Z 17 2 S Gaits.,.,,, Cir. Lr.
ADDRESS
2 -tri CA 917GS
PHONE,# FAX#
A. GENERAL INFORMATION
Project Representative:
Yf t
N
4 C) Nor
ADDRESS
cYaA.t I C A qS 85`1
PHONE # FAX#
1. Actidn:requested and project description:, CA I,oc4i•:o:' 'A t %N#'dfSS `4IC C0444w alit s6fi /s (30;04"J61s,
11
Ifal e UAIMeaJAI Y1d.11Fu 'TC ' " <,
2. Street location of project: 21`72 5 &r. Dr.
t lbwawa!% B&Y CA
r
517(. S
3. Present use of site: _UJ! AM J*XX 41f'_1d&,%yry k r k'00% 31'IC
4. Previous use of site or structures: M
5. Project Description
a. Site Size (total area)
b. Square Footage (covered by structures, paving
C. Number of floors of construction
U. Aurouw of" off-street parking provided
e. Landscaping, open space
f. Propose scheduling
g. Associated projects
h. Anticipated incremental development
L4118 >:
Z
rdes,e IOO <<2
160 s l' c)
I T
AA
Initial Study QmWotmaim - Page 1
L If residential, incline number of units, schedule of unit sizes (rangOsale prices or rents and t}pe of household
size expected)
Nal,. Yes;b,A;A . so t Yea,. oVA.
j. If commercial, indicate the type, whether neighborhood, city, or regionally. oriented, square footage of sales area and
loading facilities. N t I AA%e.Y
11L"
I errr i tJ A C n eye R 4 SQ. MAC e CGC l' aiyr; a; J 51 ilia
a.5 Ayia of 'oel N Teti t irS
t. If industrial, indicate type, estimated employment per shift, and loading facilities
S i iS tJMN•O,JAP4 ,
1. If institutional, indicate the major function, estimated employment per shift, estimated occupancy. loading facilities,
and community benefits to be derived from the project.
M. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the
app lication is required.
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anl rrNrr . i'1 5 rtMOdi u. ' ere eci r.N. E an1iN
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11
6. Plcase list all previous cases (if any) related to this project:
7. List related permit/approvals required.. Specify type,and,granting.agency. 1111 A .
8. Are you planning future phases of this project? Y N X
If yes, explain: ,
9. Present zoning: e-
10. Water and sewer service:
Domestic Public
Water Sewers
Does.service exist at site? Y _ N _ Y N
If yes, do purveyors have
capacity, to meet demand of
project and all other approved
Projects? Y 'N_ Y_ N _
Initial Study Queatiotmaim - Page 2
il
I1
12.
If domestic water or public W are not available, how will these services b*vided?
Residential Projects: AllA
A. Number and type of units:
b. Floor area of each unit:
C. Number of floors
d. Schools:
What school district(s) serves the property?
Are existing school facilities adequate to meet project needs? YES NO
If not, what provisions will be made for additional classrooms?
Non-residential projects: (commercial, industrial, institutional)
a. Distance to nearest residential use or sensitive use (school, hospital, etc.)
Number and floor area of buildings:
Number of employees and shifts:
Maximum employees per shift:
Operating hours:
Community benefit to be derived from project:
1 L3,4.,.. _ 5- sLt;
tSti
79 k 4
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4A
24
Ae«ss..bAlg`o s Yeti-.Vt Aa3fe
1.
pel worl W 4 a, o cawfotu GA copa.ci l
Identify any: End products.
Waste products Al 11.
Means of disposal MIA,
Do project operations use, store or produce hazardous substances such as oil, pesticides; chemicals, paints, or
Ifyes,explain N0. S;at, tri 1t 6 eq qpe LJ,' tier 4ci• if
wo)(1401dc Or ba.Weyic'S.
Initial Study Queatiacmaim - Page 3
9 •
Do your operations require any pressurized tanks? YES NO X
If yes,. explain
Identify any flammable, reactive or explosive materials to be located on-site.
At
1;. Will delivery or shipment trucks travel through residential areas to reach the nearest highway?
YES NO X
If yes, explain
13. Associated. Projects
14. Anticipated incremental development )
15. If residential, include the number of units, schedule of unit sizes 1V/A '
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
I
of sales area and loading facilities.
Su alee4c
17. If industrial, indicate type, estimated employment per shift, and loading facilities
f
SK 4169 .1
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project.
initial Study Quesiannaire - Page 4 '
2
B. ENVIRONMENTAL INFORMATION
to be completed by applicant)
Environmental Setting --Project Site
a.
b.
c.
d.
e.
f.
g.
Existing use/structures 0 QNieJIl roe, fl 1ttoMn.t JZca to S e. C
Topography/slopes Al IN
Vegetation AI A
Animals Alf A
Watercourses N
Cultural/historical resources
Other YVA
Environmental Setting-- Surrounding Area
a. Existing uses structures (types, densities):
b. Topography/slopesyes Si -[ . 1"'e L! a to 1Drtb044.
c. Vegetation t•5 } s nl ba . t; oak q t'.Sfi 5
d. Animals A]o .
Initial Study QuaLiamaire - Page 5
oMntcrci4
b. Topography/slopesyes Si -[ . 1"'e L! a to 1Drtb044.
c. Vegetation t•5 } s nl ba . t; oak q t'.Sfi 5
d. Animals A]o .
Initial Study QuaLiamaire - Page 5
e. Watercourses Nd.
f. ; Cultural/histofi al resources
g. Other N /A
Answers are not required if the area does not contain natural, undeveloped land.
3. Are there any major trees on the site, including oak trees, walnut trees, sycamore, California pepper and arroyo willow?
YES NO X
If yes, type and number:
4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?:
YES NO X
If yes, explain:
5. Grading:
Will the project require grading? YES NO A
If yes, how many cubic yards?
Will it be balanced on-site? YES NO
If not balanced, where will dirt be obtained or deposited?
6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)?
YES NO X
If yes, explain:
7. Is the property located within a high fire hazard area (hillsides with moderately. dense vegetation)?
YES NO _ X
Distance to nearest fire station:
Initial Study Q eWonaaire - Page 6
C.
g. Noise:
Existing mise sources at site: Oi L LiA) 5
Noise or vibration to be generated by project: Al oN( .
9. Fumes:
Odors generated by project:
Could toxic fumes be generated? AID.
10. Dust:
Dust, ash, or smoke generated by project: Al /A.
11. What energy -conserving designs or material will be used? S i i5 few Law .
CERTIFICATION: I hereby certh, that the statements furnished aboveand in a attached exhibits present the data and
information required for this initial evaluation to a best f my ability, and that the facts, statements, and
information presented are true and correct to th es o y knowledge and belief.
9 7G
ate ignature (7 T, .C\I
For: Cy TC\ // "1 tri cor C.OrrAs
Initial Study Questiamaire - Page 7
U.P. APPLICATION CHECKLIJO
a
A. Application -
B. Legal Description
C. Burden of Proof
D. Land Use Vicinity. Maps: one folded full size and 1 reduced copy
E. Surrounding Property, Owners:
Map: two full size copies folded
Ownership list: one
Self-adhesive Labels: two sets
F. Occupant Load
G. Initial Study.
Photographs: two sets
Plot plans where appropriate, with contours showing:
1. Grading for proposed buildable sites and access.
2. Location, species name, size and condition of oak trees, walnut trees, sycamore,
California pepper and arroyo willow and other significant trees, or a letter indicating
that no such trees are on the site.
Environmental Infgrmation form
H. Project Maps: 25 folded full size and 30 reduced copies of:
Site Plan
Elevation Plan
Landscape Plan
Parking Plan
Sign plan
Pieliminary Grading Plan
I. Tree Statement
J. Photos of site and key diagram
K. Filing, Fee
Revised "8 CUP
0
CERTIFiHD PROPERTY OWNER'S LIST
AFFIDAVIT
ZONING CASE NO
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
I, Cie q• T. ; 4 ux\\ , declare under penalty of perjury, pursuant to Section 2015.5 of the Code of
Civil ProcZauri, that the attached list contains the names and addresses of all persons who are shown on the latest available
assessment roll of the County of Los Angeles as owners of the subject property and as owning property within a distance of five
hundred (500) feet from the exterior boundaries of property legally described as:
ALL OF LOT 3 OF TRACT NO. 39679, IN THE CITY OF DIAMOND BAR,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 1083, PAGES 14 TO 21 INCLUSIVE OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT
PORTION OF LOT 4 OF TRACT NO. 39679, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 4;
THENCE ALONG THE NORTHERLY LOT LINE OF SAID LOT 4, SOUTH 19-
211 01" WEST 120.85 FEET TO AN ANGLE POINT IN SAID NORTHERLY
LINE; THENCE SOUTH 510 16' 57" WEST ALONG THE NORTHERLY LINE OF
SAID LOT 4, 78.76 FEET TO A POINT ON SAID NORTHERLY LINE;
THENCE SOUTH 250 39' 523 EAST 315.47 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID LOT 4, SAID POINT ALSO BEING THE
BEGINNING OF A CURVE CONCAVED TO THE NORTH HAVING A RADIUS OF
458.00 FEET; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF
102.98 FEET THROUGH A CENTRAL ANGLE OF 120 52' 59"; THENCE NORTH
640 20' 56" EAST 63.50 FEET TO THE EASTERLY LINE OF SAID LOT 4;
THENCE NORTHERLY ALONG SAID EASTERLY LINE BACK TO THE POINT OF
BEGINNING.
End of Leqal Description
Executed at Secr'gmjft , California,
this F1 rday of Mc, •/ ,-isf 2001
City of Diamond Bar
Department of Community & Development Services
Planning Division
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
February 15, 2001
Re: Burden of Proof attachment one
Dear Sir or Madam:
This letter is submitted as an attachment to the Burden of Proof statement
contained within the City of Diamond Bar Conditional Use Permit application. Numbers
and designations contained herein correspond to the question number from the statement,
and do not reflect any internal organization of this letter.
A. The proposed wireless whip antennae will not affect the health, peace, comfort or
welfare of residents or workers in the area. This site is a rooftop site which not only will
be segregated from residence and work areas, but will be consistent with uses of this and
other surrounding rooftops. Additionally, this site will be physically small, and will draw
a low current. Because of these factors, there is no significant concern about radio
frequency pollution.
r
NIA Preliminary Grading Plan:•
a. If the project proposes any grading, provide a preliminary grading plan which calls out the quantit}of
import or export.
b. _ Indicate the area of fill and the area of excavation.
C. Show retaining walls/walls and indicate top of wall, top of footing, and finish surfaces
NIA Sign Plan:
a. If the project proposes any signage, provide a sign plan which shows all existing and proposed signage.
b. Show the building frontage and the location of the sign.
C. Show the sign in detail and indicate the sign material,color, copy and leter style.
d. Include any development standards for signage on the subject property as indicated by any.existing or
proposed sign program.
I. Protected Tree Statement: Under Section 22.38.040, a person shall not cut, prune, remove, relocate, or otherwise destroy a
protected treee. Damage includes but is not limited to: burning, application of toxic substances, pruning or cutting, trenching,
excavating, paving, operation of machinery or equipment, or changing of the natural grade. See Protected Tree Application
for requirements.
J. Photos: Photos of site, and key diagram.
p a
K. Filing Deposit: The case filing deposit must accompany the application. Make checks payable to the City of Diamond Bar.
Consult Staff for exact deposit requirements.
L. Public Hearing: You or your representative must be present at the public hearing and be prepared to testify in detail on
your request.
THE MATERIALS HEREWITH BEING SUBMITTED DO NOT CONSTITUTE A COMPLETE FILING OR AN
ACCEPTANCE BY THE CITY. Within 30 days from the date noted on the Fee Receipt, the applicant or his agent will be mailed a
statement notifying him if additional materials or information are needed.
It should also be noted that additional environmental material/data may be required before project processing can begin and a public
hearing meeting scheduled. The results of the staff environmental review (Initial Study) will be sent to you as soon as possible. AT
THE TIME THE INITIAL STUDY IS COMPLETED, YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL
ENVIRONMENTAL FEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Planning
Division.
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Conditional Use Pmnit Ruiranmts 3
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INSTRUCTIONS FOR COMPLE• TING
INITIAL STUDY QUESTIONNAIRE
TO THE APPLICANT:
The California Environmental Quality Act (CEQA). requires a review of your proposed project for possible environmental impacts.
This Initial Study, process is intended to determine the type of environmental documentation necessary to have your project considered
by the City. The Initial Study consists of a completed questionnaire and other material which you must provide and an analysis of `
potential impacts prepared by staff --often with the input from reviewing agencies with special expertise. This process can be
expedited with your cooperation.
The project file must include the following exhibits, which you must provide
1. Initial Study. Questionnaire:,,
a. In completing this questionnaire, all questions should be answered as completely as possible.(attach extra pages if
necessary). If requesting a land division, it should be anticipated that future development will take place, and the
questionnaire completed accordingly. Preliminary grading and/or development concepts should be submitted, even
if no immediate construction is anticipated.
2. Development Plan with Contours showing:
a. the location and layout of the proposed development or possible pad location;
b. native vegetation --including the location, spread, health and circumference (measured 4 12 feet above ground
level) of any oak trees, walnut, sycamore, California pepper and Arroyo Willow; and
C. existing and proposed landscaping.
3. Vicinity Map of appropriate scale showing the subject property in relation to nearby streets and other significant physical
features. Street maps (such as Thomas Guide) in urban areas or U.S.G.S. Quad Sheets in rural areas should be used. (Quad
Sheets area available at many map stores or from the Department of the interior Geologic Survey, 300 North Los Angeles
Street, Room 7638, Los Angeles - this is the Federal Building in Los Angeles Civic Center.)
4. Photographs of the site, pad locations and surrounding area. An index map keyed to the photographs should be provided;
showing the location and direction of each photograph.
5. Generalized land use map of appropriate scale for the project site and surrounding properties, with uses clearly labeled.
Be certain that the project number(s).is on all material (e.g. maps, photographs, questionnaire).
FAILURE TO SUBMIT ALL REQUESTED MATERIALS AND TO PROVIDE COMPLETE QUESTIONNAIRE
INFORMATION CAN RESULT IN DELAYS IN PROCESSING YOUR CASE.
0
REQUIREMENTS FOR CONDITIONAL USE PERMIT APPLICATION
The information requested must be completed for all Conditional Use Permit (CUP) applications. The detailed instructions which
follow explain only those items not clearly self-evident or requiring greater amplification. If there are any`questions, please call the
Planning Division at (909) 396-5676. You may also obtain a counseling appointment on how to fill out the application by calling
this number.
A. APPLICATION: Complete and submit one (1) copy of the Conditional Use Permit forma Where a Conditional Use Permit
request is to be considered along with any number of other requests, submit the appropriate materials that accompany each
request.
The CUP Application form MUST either be signed by the owner(s) of the subject property or the application must
present a statement signed by the property owner(s) giving him the right to file the case. Purchaser in Escrow is not
acceptable. -
A Planner can assist you in filling in the information for items 2 and 3.
2. Zone may be identified on the House Numbering Map.
3. HNM--House Numbering Map.
4. Use applied for - Describe the proposed project in detail --the nature of the business, occupation or purpose for
which the structure or improvement or premises are to be used and what is to be done on or with the property in the
way of additional improvements.
5. Domestic water source and method of sewage disposal should specify type of source, name of service agency and
district.
B. Legal Description: A separate complete legal description MUST be typed on or attached to EACH form requiring a legal
description. Provide a copy of the Title which should include any Conditions, Covenants & Restrictions (CC&R's).
C. Burden of Proof. Complete and submit the "Burden of Proof" statement. The answers to all questions must be complete.
Yes" and "No" answers are NOT acceptable.
D. Land Use Vicinity Maps: One full size bluc print of 700' radius land use map (folded no larger than 8" x 14" with the
location of the subject property on the front). Include one (1) reduced copy (reduced to 8'/, x 11). Maps are to be the scale of
one (1) inch to 100 feet, (except for very large areas requiring a map of more than 9 square feet) showing the subject .
property and all surrounding uses, streets, highways, alleys, rights-of-ways,and lot cuts. Include tract and lot numbers.
Outline subject property on all copies of the map. A margin should be left around the edges of the map after drawing the
700 foot radius. '
E. Surrounding Property Owners: Two full size blue prints of 500 foot radius map of surrounding property owners (folded
no larger than 8" x 14") and one reduced copy (8'/s" x 11"). Provide completed Ownership List, certified to be correct by
affidavit, and two (2) separate sets of self adhesive address labels indicating surrounding property owners' names and
te,`:esses from the latest assessment roll (r,•ped). include the names and adizrz-.sds of the applicant, agents and o,,w ers.
ALL LABELS SHALL BE CROSS REFERENCED TO PROPERTY OWNERS' MAP AND LIST.
Occupant Load: In addition to the required site plans one copy of a floor plan layout is required when the proposed request
requires parking other than for general commercial or industrial uses (theaters, restaurants, bars, and other places of public
assembly). The floor plan must be accompanied by a stamped and signed "Application for Determination of Assembly Area
Occupant Load for Parking Requirement Purposes."
G. Initial Study: The California Environmental Quality Act (CEQA) requires a review of your proposed project for possible
environmental impacts. This Initial Study process is intended to determine the type of environmental documentation
necessary to have your project considered by the City. The Initial Study consists of a completed questionnaire and other
material which you must provide, and an analysis of potential impacts prepared by staff --often with the input from reviewing
Conditional Use Pemit RNuire I
In
agencies with special exp erti Vhis process can be expedited with your coopew. See Instructions for Completing
Initial Study Questionnaire.
1. Environmental Information Form for Residential Projects: Complete this along with the Initial Stud}.. This
information will be reviewed, to prepare the Environmental Determination. The rear portion of this form is for staff
use only.
Project Maps: Submit Mull size folded sets of plans. The overall dimensions of the maps should not exceed 36" x 42".
Maps shall be folded no larger than 8" x 14" with the project name and address showing on the front.
rude 30. ftmvMples of the above items (sedueed to 8 V2" x i".
2. Plans must be completely dimensioned with the scale clearly indicated. Orient the maps with North position
toward the top of the page or clearly indicated.
3. Indicate addressllegal description of the subject property on the plans. Indicate the applicant's name address and
telephone number on the plans.
4. Show all property lines with a heavy dashed line.
5. Leave a 3" x 6" area blank on the plans.
The set of pians should include:
Site Plan:
a. Show all existing and proposed buildings, structures, yards, driveways, height and number of stories for
each structure on the subject property.
b. Indicate streetiname(s), width, distance to center line and nearest cross street.
C. Show the existing topography with slope measurements.
d. If the project is proposed on any slope, show the Average Finished Grade (AFG) points of measurement.
e. Designate the percent of slope on a separate plan by showing each slope range (0-10, 10-25, 25-50, 50-
100) with a different color. Include a legend.
Elevation plans:
a. Provide elevation plan (North, South, East & West) showing the height of structures with the AFG clearly
indicated.
b. Show cross section of each structure with the AFG clearly indicated.
C. Show any AFG calculations.
Floor plans:
a. Lavel all rooms
b. Indicate square footage for each floor and total square footage of each structure.
Y01 Landscape Plans:
a. Indicate location, size and general type of landscaping (ie. 6' pine tree, medium fern, etc.). Indicate
irrigation plan.
b. Indicate total square footage and percentage of landscaping on site.
C. Show any walls, fences, fountains, etc. (include height) and other development features applicable to the
request.
AP Parking. Plan:
a. Identify existing and proposed parking and landscape areas.
b. Indicate the type of use (restaurant, medical office, etc.) and the corresponding square footage.
C. Show the number of stalls and their dimensions, aisles, turning area and driveways.
d. Show trashlrecycle enclosures.
e. Show loadinglunloading zones, docks, etc.
CaidWonal Use Pavdt Requbanw s 2
City of Diamond Bar
Department of Community & Development Services.
Planning Division
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
February 15, 2001
Re: Burden of Proof attachment one
Dear Sir or Madam:
This letter is submitted as an attachment to the Burden of Proof statement
contained within the City of Diamond Bar Conditional Use Permit application. Numbers
and designations contained herein correspond to the question number from the statement,
and do not reflect any internal organization of this letter.
A. The proposed wireless whip antennae will not affect the health, peace, comfort or
welfare of residents or workers in the area. This site is a rooftop site which not only will
be segregated from residence and work areas, but will be consistent with uses of this and
other surrounding rooftops. Additionally, this site will be physically small, and will draw
a low current. Because of these factors, there is no significant concern about radio
frequency pollution.
I CITY OF DIAMOND BARcopy21825E. COPLEY DRIVE
qnDIAMOND
BAR, CA 91765
88s
909) 396-5676
Notice Of Exemption
TO: Office of Planning and Research FROM: City of Diamond Bar
1400 Tenth Street, Room 121 21825 E. Copley Drive
Sacramento, CA 95814 Diamond Bar, CA 91765
County Clerk, County of Los Angeles
12400 E. Imperial Hwy., Room 2001,
Norwalk, CA 90650
Project Title: Conditional Use Permit 2002-04
Proiect Location -Specific: 21725 Gateway Center Drive
Project Location -City: Diamond Bar, CA Proiect Location -County: Los Angeles
Description of Nature Purpose and Beneficiaries of Proiect: A request to install a rooftop
telecommunications paging facility consisting of two 14 -foot high whip antennas, one dish antenna, two GPS
antennas and one equipped cabinet.
Name of Public Agency Approving Proiect: City of Diamond Bar
Name of Person or Agency Carrying Out Proiect: City of Diamond Bar
Exempt Status: (Check One)
Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b)(3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b)(c);
X Categorical Exemption. State type and section number: Pursuant to the provisions of the California
Environmental Quality Act (CEQA) 15303(e), the City has determined that this project is
categorically exempt.
Statutory Exemptions. State code number:
Reasons why project is exempt: Project consists of a small structure with equipment cabinet.
Ann J Lungu, Associate Planner (909) 396-5676
Lead Agency Contact Person Area Telephone Extension
Code
If filed by applicant:
1. Attach certified document of exemption finding
2. Hasa notice of exemption been filed by the public agency approving the project?
Yes No
Signature:Date: May 15, 2002 Title: Associate Planner
Signed by Lead Agency
Signed by Applicant
Date received for filing at OPR:
ORIGINAL FILED
MAY 2 12002
LOS ANGELES, COUNTY CLERK
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05/14/2001 11:.07 405-2353 J M GREGORY JR PAGE 02
May -14-01 09:48am From -Southern Nocaitality T-826 P.02/02 F-703
VJ W va .aa -w lL`JPI It -1.. Jilt- r.r,/.-YVJ.—ai.•. .aGva rn.-4- c
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ASSIs»c>tt•S PARChl., NUMBI:R(8):
SL I'L AULML:S9: 1101-IDAY INN SEL_C_-r D1wMClNU riAK
1315 2025 LiATRWAY C:t:1V'1'L/R DRIVE
IMAMUND l3lAtii. CA 91765
R1:: npPlit:.tiun >'urLaning/l xe 13u11attn 1't:rmit .
1 DIAMOND BAR HOT! FUND LIMITED PARWMERSHIP
do hereby grant periaission to Skvral lA (i) pzrmit l.ivallsav aired its agents and
t>Orltr:actors nun-emalusiva axchw to IN; proparty in order to cnndow surveys, stntewral rtrcnbth oncllyses,
sail act,, a,r tiny other non-invuslve 1"1sr or invic-uOUations that it d"mai nocwcaaryi tints (ii) seek tiny
atpplicari:,a a,,=L.-.S.ary tta &:n511r'c J%3 ablllty In NK6 sand/or conSTruct inlprovFina„aL tc, the properly, tv bu
ppicttlially Ie,aSasd nr KQ9Ul .,_%1 ta, .t rar than purpose of oorrxrn.azing and oparntinit n cosnmunicatinns !0=.
aatrvc- to napalr tiny dan,aQa w, ilw praapurry caused by ata as iivitta r ta.a iha property.
I.iwrta.ee unde,sta..du that Lha applic6tian ntay he tleniad. m idifiod or nprrtved with uuntliti. p,- ..nd ti,..t
Liccn:;eemust comply wills such conditions' or madificationr prier to iasutin."-x or building pernnirs.
I_icnnW,:C (url.11Cr tinJ6rstandv that l.ir znwc,r obeli nut ba abligaTed to canst'ru4A irnpr"CITICUS to nr modify
LI1e prpperly in any wary in order to uc6 atrnmodiltc %iconsca's iw4ullxuun. -
I.iccnsa:e :agmca to andelnllily and hold harntivsar Licensor, its agents. savants, and a,naployar-a rroln any
clnanic .,r dslrlxltuaa that nrire in uuntctiuit with l.lealtflCe'S aotivitses unrlcr thi. I-cLtt:r or ALllnpl'i2s,tian.
N.,iihur the submis-sion L%rn romti or Wesnse AgrccanWil nor thla lultur shall uoaimitutc an 4srectnt:nt la
clowl" intth .I binding liconac, etad naithcr parry shall ba: bounal with r,:spacl to the liccalsing ni t.hc property
until a t inal.l.ica nsc Agrastneti it rignad by both purcias
LiCF.1vSISE: - - _
1l};tttturc: Ate/
Print Nattno- E M. BAILEY
Print 1'iL1a VICE PRESIDENT
I)iltC• S l 7 C 1 n
1.ICCltNS01fts Diamond B
by Diamos
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NOT EFFECTIVE UNTIL. SIGNED BY BOTH PARTIES.
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BCSS0EXPIRESMA" my cow 'ALL NOTPRyS
RECD MAY 14 2001
1
PLANNING COMMISSION
RESOLUTION NO. 2002-11
0
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT
NO. 2001-04 AND CATEGORICAL EXEMPTION, TO INSTALL A
ROOFTOP TELECOMMUNICATIONS FACILITY UTILIZED AS A
PAGING NETWORK. THE PROJECT SITE IS LOCATED AT
21725 GATEWAY CENTER DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
The property owner, Diamond Bar Hotel Fund, applicant, SkyTel and the
applicant's agent, Mericom Corporation, have filed an application for
Conditional Use Permit No. 2002-04 and categorical exemption for a
property located at 21725 Gateway Center Drive, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject
Conditional Use Permit and categorical exemption shall be referred to as the
Application."
2. On April 29, 2002, public hearing notices were mailed to approximately nine
property owners of record within a 700 -foot radius of the project and the
public notice was posted in three public places.. Furthermore, on May 1,
2002, the project site was posted with a display board. On May 5, 2002,
notification of the public hearing for this project was provided in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On May 14, 2002, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application. At that time, the
Planning Commission concluded the public hearing.
B. RESOLUTION.
NOW, THEREI ORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This 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 that the project identified
above in this Resolution is categorically exempt from the requirements of the
0 0
California Environmental Quality Act (CEQA) of 1970, as amended, and the
guidelines promulgated thereunder, pursuant to Section 15303 (e) of
Article 19 of Chapter 3 of Title 14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
a) The project relates to an irregular shaped lot, approximately
3.54 acres, located within Gateway Corporate Center at
21725 Gateway Center Drive (Lot 3, Tract No. 39679) and developed
with a five -story hotel identified as the Holiday Inn Select. In addition,
the City approved three rooftop telecommunications facilities as
follows: PageNet - approved July 8, 1997; Nextel - approved
December 9, 1996; and L.A. Cellular - approved January 16, 1995.
Nextel and L.A. cellular are operational. Permits for PageNet were
not issued nor was the cell site constructed.
b) The General Plan land use designation for the project site is
Professional Office (OP).
c) The zoning designation for the project site is Commercial -
Manufacturing -Billboard Exclusion-Unilateral/Contract (C-M-BE-U/C).
d) Generally, the following zones and uses surround the project site: to
the north is the Pomona (60) Freeway; to the south is the C-M-6E-
U/C Zone; to the east is the C-M-BE-U/C and Neighborhood Business
C- 2) Zones; and to the west is the Orange (57) Freeway and C-M-
BE-U/C Zone.
e) The application request is to install a telecommunications facility
consisting of the following equipment: two whip antennas 14 feet in
height and 2.6 inches in diameter; two GPS antennas, each three
inches in diameter and four inches in height mounted on a 15 inch
high pole 3/4 inches in diameter that will be ballast mount onto the
equipment cabinet to avoid roof, penetration; one dish antenna
48 inches in diameter and mounted on a 12 inch high pole also ballast
E
mount for non roof penetration; and equipment cabinet measuring
four feet wide, 10 feet long and five feet tall. There will be no
generators or back-up equipment. All equipment except the whip
antennas will be hidden behind the parapet of the hotel structure.
Conditional Use Permit
f) The proposed use is allowed within the subject zoning district with the
approval of a Conditional Use Permit that complies with all other
applicable provisions of the Development Code and the Municipal
Code;
The purpose of the Conditional Use Permit is to provide a process for
reviewing specified activities and uses identified in a zoning district
whose effect on the surrounding area cannot be determined before
being proposed for a particular location. The proposed
telecommunications paging facility is permitted in C-M-BE-U/C Zone
with a Conditional Use Permit and as amended herein will comply with
all other applicable provisions of the Development Code and the
Municipal Code.
g) The proposed use is consistent with the General Plan and any
applicable specific plan;
The project site has a General Plan land use designation of
Professional Office (OP) which provides for the establishment of
office -based working environments for general, professional and
administrative offices, as well as support uses. Objectives and
Strategies of the General Plan encourage the establishment of new
technology that is deemed environmentally safe and compatible with
development. The proposed project is considered new technology
and will provide a paging network for the City of Diamond which would
be considered as a support use. Therefore, the proposed project is
consistent with the General Plan. The proposed project is required to
comply with Federal regulations regarding radio frequency emissions,
thereby, considered environmentally safe. The proposed tele-
communications facility is compatible with the General Plan in that it
will only generate a very minimal amount of additional traffic to the
surrounding area by a monthly maintenance visit. It will not create a
new source of light and noise. Therefore, it is expected that the
proposed project will generate minimal amount of additional traffic
within the area. Considering the diameter of the whip antennas
located at least five stories above ground and the fact that the
remaining equipment will be hidden behind the hotel structure's
parapet, staff believes that the proposed telecommunication facility
will be unobtrusive. Therefore, it is not expected that the surrounding
3
area will be negatively impacted by the installation of the facility. A
specific plan does not exist for the project site or area.
h) The design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity;
The project site is 3.54 acres currently developed with a five -story
hotel. The proposed project is a rooftop mounted telecommunications
facility and will not utilize any square footage of the property acreage.
As referenced above in Item (g), the design, location, size and
operation characteristics of the proposed use are compatible with the
existing and future land uses in the vicinity
i) 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;
As referenced above in Items (g) and (h), the proposed telecommun-
ications facility meets the required development standards for C-M-
BE-U/C Zone. Additionally, the proposed project has received the
Gateway Corporate Center Architectural Committee Approval.
Provisions for utilities exist at the project site.
j) Granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
persons, property, or improvements in the vicinity and zoning district
in which the property is located;
As referenced above in Items (f) through (j), the proposed
telecommunications facility and as amended herein will meet the
City's minimum development standards. Traffic is minimal. As
discussed in Item (h) above, the existing telecommunications facility
meets the FCC requirements regarding radio frequency emissions
safety and has been installed with the appropriate City permits.
Therefore, granting the Conditional Use Permit will not be detrimental
to the public interest, health, safety, convenience, or welfare, or
injurious to persons, property, or improvements in the vicinity and
zoning district in which the property is located.
k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
2
0 •
Pursuant to the provisions of the California Environmental Quality Act
CEQA) of 1970, as amended and the guidelines promulgated
thereunder, this project is categorically exempt pursuant to
Section 15303(e) of Article 19 of Chapter 3 of Title 14 the California
Code of Regulations.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
a) The project shall substantially conform to a site plan, roof plan and
sections/elevations, collectively labeled as Exhibit "A", dated May 14,
2002, as submitted, amended herein and approved by the Planning
Commission.
b) 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 granted 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 utilized
has obtained permits from the City of Diamond Bar to provide such
services.
c) Property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
d) Applicant shall comply with all Federal, State and City regulations.
e) 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.
f) Prior to the issuance of any City permits, the applicant shall submit
documentation that the electromagnetic fields (EMFs) from the
proposed wireless telecommunications antenna facility will be within
the limit approved by the FCC for the City's review and approval.
5
0
g) Applicant shall paint the equipment of the telecommunications facility
to match the existing hotel structure. Additionally, all equipment
except for the two whip antennas shall be hidden behind the hotel
structure's parapet.
h) Prior to the issuance of any City permits, the applicant shall submit
licenses and approvals to provide a network paging services to the
City.
i) If any work shall occur in the public right-of-way, the applicant shall
submit plans for review and approval and obtain an encroachment
permit.
Q) All plans shall conform to State and local building codes (i.e., 1998
edition of the California Uniform Building Code, Plumbing Code,
Mechanical Code and 1998 edition of the National Electrical Code) as
well as the State Energy Code.
k) Proposed antennas shall be engineered to meet wind loads of
80 m.p.h. with an exposure of "C".
I) All cables installed on the exterior of the building shall be flashed and
painted to match existing building.
m) This grant shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval of this grant, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware of and agree to accept all the
conditions of this grant. Further, this grant shall not be effective until
the permittee pays remaining City processing fees, school fees and
fees for the review of submitted reports.
n) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore,
if this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
0
I -4
44 10 0
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: Diamond Bar Hotel Fund, 21725 Gateway Center Drive, Diamond
Bar, CA 91765; SkyTel, 515 E. Amite Street, Jackson, MS 39201; and
Mericom Corporation, 4700 Northgate Boulevard, #160, Sacramento,
CA 95834.
APPROVED AND ADOPTED THIS 14TH OF MAY 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe huzi a, Chai man
I, James DeStefano, 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 14th day of May 2002, by the following vote:
ATTEST:
AYES: Nolan, Tanaka, Nelson, WC Tye, Chair/Ruzicka,
NOES: None
ABSENT: None
ABSTAIN: None
7
44.
0 0
City of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: 7.1
REPORT DATE: April 24, 2002
MEETING DATE: May 14, 2002
CASE/FILE NUMBER: Conditional Use Permit No.
2002-04,
APPLICATION REQUEST: To install a rooftop telecommunications
paging facility consisting of two 14 foot
high whip antennas, one dish antenna,
two GPS antennas and one equipment
cabinet.
PROJECT LOCATION: Holiday Inn Select
21725 Gateway Center Drive
Lot 3, Tract No. 39679)
Diamond Bar, CA 91765
PROPERTY OWNER: Diamond Bar Hotel Fund
21725 Gateway Center Drive
Diamond Bar, CA 91765
APPLICANT: SkyTel
515 E. Amite Street
Jackson, MS 39201
APPLICANT'S AGENT: Mericom Corporation
4700 Northgate Boulevard, #160
Sacramento, CA 95834
BACKGROUND:
The property owner, Diamond Bar Hotel Fund, applicant, SkyTel, and applicant's agent,
Mericom Corporation is requesting approval of Conditional Use Permit No. 2002-04, (pursuant
to Code Section 22.42.G.). The request is for approval to install rooftop telecommunications
paging facility consisting of two 14 -foot high whip antennas, one dish antenna, two GPS
antennas and one equipment cabinet.
1
9 a
The project site, a 3.54 acres, is located at 21725 Gateway Center Drive (Lot 3, Tract No.
39679) and developed with a five -story hotel identified as the Holiday Inn Select. In addition,
the City approved three rooftop telecommunications facilities as follows: PageNet - approved
July 8, 1997; Nextel - approved December 9, 1996; and L.A. Cellular - approved January 16,
1995. Nextel and L.A. cellular are operational. Permits for PageNet were not issued nor was
the cell site constructed.
The project site has a General Plan land use designation of Professional Office (OP). It has a
zoning designation Commercial -Manufacturing -Billboard Exclusion-Unilateral/Contract (C-M-
BE-U/C). The proposed telecommunications facility is permitted in the C -M Zone, which
translates to applicable Development Code standards for the Office Professional (OP) Zone.
Generally, the following zones and uses surround the project site: to the north is the Pomona
60) Freeway; to the south is the C-M-BE-U/C Zone; to the east is the C-M-BE-U/C and
Neighborhood Business (C- 2) Zones; and to the west is the Orange (57) Freeway and the C-
M-BE-U/C Zone.
ANALYSIS:
Conditional Use Permit
The purpose of a Conditional Use Permit is to provide a process for reviewing specified
activities and uses identified in a zoning district whose effect on the surrounding area cannot
be determined before being proposed for a particular location. Therefore, the review will
include location, design, configuration and potential impacts to ensure that the proposed used
will protect the pubic health, safety and welfare.
Pursuant to the City's Development Code Section 22.42.130.G. for telecommunication
facilities, the proposed project does not meet the criteria for an Administrative Review or. Minor
Conditional Use Permit due to its antennas' height that exceed 19 inches and the extent to
which the proposed facility is screened or camouflaged. As a result, the proposed project
requires approval of a Conditional Use Permit by the Planning Commission.
The proposed facility will include the following: two whip antennas 14 feet in height and 2.6
inches in diameter; two GPS antennas, each three inches in diameter and four inches in
height mounted on a 15 inch high pole 3/4 inches in diameter that will be ballast mount onto
the equipment cabinet to avoid roof penetration; one dish antenna 48 inches in diameter and
mounted on a 12 inch high pole also ballast mount for non roof penetration; and equipment
cabinet measuring four feet wide, 10 feet long and five feet tall. There will be no generators or
back-up equipment. All equipment except the whip antennas will be hidden behind the
parapet of the hotel structure. Additionally, all equipment will be painted to match the hotel
structure. Furthermore, the applicant has obtained the approval of the Gateway Corporate
Center Architectural Committee.
Maintenance visits to the site will occur once a month and include one maintenance vehicle.
Therefore, it is expected that the proposed project will generate minimal amount of additional
2
9 a
traffic within the area. The proposed telecommunications facility will not be lighted or produce
excessive noise. Considering the diameter of the whip antennas located at least five stories
above ground and the fact that the remaining equipment will be hidden behind the hotel
structure's parapet, staff believes that the proposed telecommunication facility will be
unobtrusive. Therefore, it is not expected that the surrounding area will be negatively
impacted by the installation of the facility.
The proposed SkyTel telecommunication facility will provide accessibility to reliable paging
network with adequate coverage and capacity. It will provide increased service in Diamond
Bar to areas in the vicinity of Summitridge Park, Grand Avenue and Diamond Bar Boulevard,
north of the Pomona (60) Freeway and west of the Orange (57) Freeway near Pathfinder
Road. SkyTel does not have any other facilities in Diamond Bar nor are any planned for the
future.
Pursuant to a study submitted by SkyTel and dated April 17, 2002, electromagnetic fields
EMFs) for the proposed paging facility meet the requirements for safety set forth by the
Federal Communications Commission (FCC) in 1997.
Review by Other Divisions
The City's Public Works and Building and Safety Divisions and the reviewed the proposed
project. Their recommendations are within the draft resolution.
Conclusion
The proposed project will generate a minimal amount of additional traffic to the area by
infrequent maintenance visits. It will not create a new source of light and noise. The facility is
required to comply with Federal regulations regarding radio frequency emissions. It will not be
unobtrusive and will not block the view of the hillside. All the project equipment except the
two whip antennas will be hidden behind the hotel structure's parapet and painted to match
the existing hotel structure. Furthermore, the proposed project will offer better capacity and
service to Diamond Bar as well as areas surrounding Diamond Bar.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section
15303(e) and guidelines promulgated thereunder, the City has determined that this project is
categorically exempt.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley
Tribune on May 5, 2002. Public hearing notices were mailed to approximately nine property
owners within a 700 -foot radius of the project site on April 29, 2002. Furthermore, the project
site was posted with a display board the on May 1, 2002 and public notice was posted in three
0
public places on April 29, 2002.
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Conditional Use Permit No. 2002-
04, Findings of Fact and conditions of approval as listed within the attached resolution.
REQUIRED CONDITIONAL USE PERMIT FINDINGS:
1. The proposed use is allowed within the subject zoning district with the approval of a
Conditional Use permit/Minor Conditional Use Permit and complies with all other
applicable provisions of the Development Code and the Municipal Code;
2. The proposed use is consistent with the General Plan and any applicable specific plan;
3. The design, location, size and operation characteristics of the proposed use are
compatible with he existing and future land uses in the vicinity;
4. The subject site is physically suitable for the type and density/intensity of use being
proposed including access, provision of utilities, compatibility with adjoining land uses
and the absence of physical constraints;
5. Granting the Conditional Use Permit/Minor Conditional Use Permit will not be
detrimental to the public interest, health, safety, convenience, or welfare, or injurious to
persons, property, or improvements in the vicinity and zoning district in which the
property is located; and
6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
Prepared by: d24:
Ann J. Lu gu sso a e Planner
4
9 0
Attachments:
1. Draft Resolution;
2. Exhibit "A" - site plan, rooftop plan, sections and elevations dated May 14, 2002;
3. Application;
4. Aerial of the site; and
5. Exhibit delineating service levels with out and with the proposed project.
5
9 0
PLANNING COMMISSION
RESOLUTION NO. 2002 -XX
E
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 2001-04 AND CATEGORICAL EXEMPTION, TO
INSTALL A ROOFTOP TELECOMMUNICATIONS FACILITY
UTILIZED AS A PAGING NETWORK. THE PROJECT SITE
IS LOCATED AT 21725 GATEWAY CENTER DRIVE,
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
The property owner, Diamond Bar Hotel Fund, applicant, SkyTel and the
applicant's agent, Mericom Corporation have filed an application for Conditional
Use Permit No. 2002-04 and categorical exemption for a property located at
21725 Gateway Center Drive, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Conditional Use Permit and categorical
exemption shall be referred to as the "Application".
2. Notification of the public hearing for this project was provided in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers on May 5, 2002.
Public hearing notices were mailed to approximately nine property owners of
record within a 700 -foot radius of the project on April 29, 2002. Furthermore, the
project site was posted with a display board on May 1, 2002 and the public
notice was posted in three public places on April 29, 2002.
3. The Planning Commission of the City of Diamond Bar on May 14, 2002
conducted a duly noticed public hearing on the Application. At that time, the
Planning Commission concluded the public hearing.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This 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 that the project identified above in
1
this Resolution is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines
promulgated thereunder, pursuant Section 15303 (e) of Article 19 of Chapter 3 of
Title 14 the California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned upon
the proposed project set forth in the application, there is no evidence before this
Planning Commission that the project proposed herein will have the potential of
an adverse effect on wild life resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title
14 of the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
a) The project relates to an irregular shaped lot, approximately 3.54 acres,
located within Gateway Corporate Center at 21725 Gateway Center Drive
Lot 3, Tract No. 39679) and developed with a five -story hotel identified as
the Holiday Inn Select. In addition, the City approved three rooftop
telecommunications facilities as follows: PageNet - approved July 8, 1997;
Nextel - approved December 9, 1996; and L.A. Cellular - approved January
16, 1995. Nextel and L.A. cellular are operational. Permits for PageNet
were not issued nor was the cell site constructed.
b) The General Plan land use designation for the project site is Professional
Office (OP).
c) The zoning designation for the project site is Commercial -Manufacturing -
Billboard Exclusion-Unilateral/Contract (C-M-BE-U/C).
d) Generally, the following zones and uses surround the project site: to the
north is the Pomona (60) Freeway; to the south is the C-M-BE-U/C Zone;
to the east is the C-M-BE-U/C and Neighborhood Business (C- 2) Zones;
and to the west is the Orange (57) Freeway and C-M-BE-U/C Zone.
e) The application request is to install a telecommunications facility
consisting of the following equipment: two whip antennas 14 feet in height
and 2.6 inches in diameter; two GPS antennas, each three inches in
diameter and four inches in height mounted on a 15 inch high pole 3/4
inches in diameter that will be ballast mount onto the equipment cabinet to
avoid roof penetration; one dish antenna 48 inches in diameter and
mounted on a 12 inch high pole also ballast mount for non roof
penetration; and equipment cabinet measuring four feet wide, 10 feet long
and five feet tall. There will be no generators or back-up equipment. All
equipment except the whip antennas will be hidden behind the parapet of
the hotel structure.
2
s
Conditional Use Permit
L
f) The proposed use is allowed within the subject zoning district with the
approval of a Conditional Use Permit complies with all other applicable
provisions of the Development Code and the Municipal Code;
The purpose of the Conditional Use Permit is to provide a process for
reviewing specified activities and uses identified in a zoning district whose
effect on the surrounding area cannot be determined before being
proposed for a particular location. The proposed telecommunications
paging facility is permitted in C-M-BE-U/C Zone with a Conditional Use
Permit and as amended herein will comply with all other applicable
provisions of the Development Code and the Municipal Code.
g) The proposed use is consistent with the General Plan and any applicable
specific plan;
The project site has a General Plan land use designation of Professional
Office (OP) which provides for the establishment of office -based working
environments for general, professional and administrative offices, as well as
support uses. Objectives and Strategies of the General Plan encourage the
establishment of new technology that is deemed environmentally safe and
compatible with development. The proposed project is considered new
technology and will provide a paging network for the City of Diamond which
would be considered as a support use. Therefore, the proposed project is
consistent with the General Plan. The proposed project is required to comply
with Federal regulations regarding radio frequency emissions, thereby
considered environmentally safe. The proposed telecommunications facility
is compatible with the General Plan in that it will only generate a very minimal
amount of additional traffic to the surrounding area by a monthly
maintenance visit. It will not create a new source of light and noise.
Therefore, it is expected that the proposed project will generate minimal
amount of additional traffic within the area. Considering the diameter of the
whip antennas located at least five stories above ground and the fact that the
remaining equipment will be hidden behind the hotel structure's parapet, staff
believes that the proposed telecommunication facility will be unobtrusive.
Therefore, it is not expected that the surrounding area will be negatively
impacted by the installation of the facility. A specific plan does not exist for
the project site or area.
h) The design, location, size and operation characteristics of the proposed
use are compatible with the existing and future land uses in the vicinity;
The project site is 3.54 acres currently developed with a five -story hotel.
The proposed project is a rooftop mounted telecommunications facility
and will not utilize any square footage of the property acreage. As
referenced above in Item (g), the design, location, size and operation
characteristics of the proposed use are compatible with the existing and
future land uses in the vicinity
i) 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;
As referenced above in Items (g) and (h), the proposed telecommun-
ications facility meets the required development standards for C-M-BE-
U/C Zone. Additionally, the proposed project has received the Gateway
Corporate Center Architectural Committee Approval. Provisions for
utilities exist at the project site.
j) Granting the Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the
property is located;
As referenced above in Items (f) through (j), the proposed
telecommunications facility and as amended here in will meet the City's
minimum development standards. Traffic is minimal. As discussed in
Item (h) above, the existing telecommunications facility meets the FCC
requirements regarding radio frequency emissions safety and has been
installed with the appropriate City permits. Therefore, granting the
Conditional Use Permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons, property,
or improvements in the vicinity and zoning district in which the property is
located.
k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Quality Act
CEQA) of 1970, as amended and the guidelines promulgated thereunder,
this project is categorically exempt pursuant to Section 15303(e) of Article
19 of Chapter 3 of Title 14 the California Code of Regulations.
5. Based on the findings and conclusions -set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
a) The project shall substantially conform to a site plan, roof plan and
sections/elevations, collectively labeled as Exhibit "A" dated May 14,
2002, as submitted, amended herein and approved by the Planning
Commission.
b) 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 granted 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
4
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 utilized
has obtained permits from the City of Diamond Bar to provide such
services.
c) Property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
d) Applicant shall comply with all Federal, State and City regulations.
e) 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
f) Prior to the issuance of any City permits, the applicant shall submit
documentation that the electromagnetic fields (EMFs) from the
proposed wireless telecommunications antenna facility will be within
the limit approved by the FCC for the City's review and approval.
g) Applicant shall paint the equipment of the telecommunications facility
to match the existing hotel structure. Additionally, all equipment except
for the two whip antennas shall be hidden behind the hotel structure's
parapet.
h) Prior to the issuance of any City permits, the applicant shall submit
licenses and approvals to provide a network paging services to the
City.
i) If any work shall occur in the public right- of- way, the applicant shall
submit plans for review and approval and obtain an encroachment
permit.
j) All plans shall conform to State and local building codes (i.e. 1998
edition of the California Uniform Building Code, Plumbing Code,
Mechanical Code and 1998 edition of the National Electrical Code) as
well as the State Energy Code.
k) Proposed antennas shall be engineered to meet wind loads of 80
m.p.h. with an exposure of "C".
1) All cables shall be installed underground.
k
i •
m) This grant shall not be effective for any purpose until the permittee and
owner of the property involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant, at the City of Diamond
Bar Community and Development Services Department, their affidavit
stating that they are aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be effective until the permittee
pays remaining City processing fees, school fees and fees for the
review of submitted reports.
n) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's approval,
a cashier's check of $25.00 for a documentary handling fee in
connection with Fish and Game Code requirements. Furthermore, if
this project is not exempt from a filing fee imposed because the project
has more than a deminimis impact on fish and wildlife, the applicant
shall also pay to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
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: Diamond Bar Hotel Fund, 21725 Gateway Center Drive, Diamond
Bar, CA 91765; SkyTel, 515 E. Amite Street, Jackson, MS 39201; and
Mericom Corporation, 4700 Northgate Boulevard, #160, Sacramento,
CA 95834.
APPROVED AND ADOPTED THIS 14TH OF MAY 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Chairman
R
u
I, James DeStefano, 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 14th day of May
CITY OF DIAMOND BAR
DEPARTMENT OF
COMMUNITY & DEVELOPMENT SEIRICES
Planning Division
21660 E. Copley Drive State 190, Diamond Be, CA 91765
909)396-5676 Fax (909)861-3117
FPL ++ Ler}
Deposit S /000,
Receipt q
By _
Date Recd
volt CM* USE
NAi 0 Z CONDITIONAL USE PERMIT APPLICATION
Record Owner Applicant Applicant's Agent
Name pia,NeJ i bar4eW /I(itrteo^ Cori j ;a..a11,CTre,,
Last name fast) rv„w (bast name first) (Last name first)
Address 217L5 Galt,~• r- ZV.
city bta—ai 3d, , U.
tip 9177. S
Phone:( ) (904) 8G1- et 5 Z 2
Fax ( )
14700Aiet ki e.e.ie a a+JkJGp
i
Sec r Mta CA
9593Y
Phone( ) AIG) 47Q, 71oo
Fax ( ) (4110 42o- 234 3
Phone( ) eftler Z z 83 G
Fax ( )
NOTE: It is the applicant's responsibility to notify the City in writing of any change of 'the principals involved during the
processing of this case.
Attach separate sheet, if necessary, including names, addresses, and signattaes of members of partnerships, joint venttass, and dirwors of
corporations.)
Consent I certifythat I am the owner of the herein described property and permit the applicant to file this request
Signed 6.-A sca Leiiir Date
All record owners)
Certification: I, the undersigned, hereby certify under penalty ofperjury that the information herein provided is corned to the
best of my knowledge.
Print Name Ln c c.. I . i
phi ant or Agent)
Signed I .
Date
Applicant or Agent)
Location -'-W-MA r.S G ptt t'
s - tract an' lot nomtwr)
Zoning -- (' M 1 F- U House Numbering Map- I I H -
Previous Cases ADR
Present Use of Site IA54c\ a.1/
Use applied for "O IWAJLG I j r A,AM S 1i k l G of lora L-ny 1 Ta1 t eo e .JL
1cq oa cS
u
City of Diamond Bar _
CONDMONAL USE PERhM Page Two
Project Size (gross acres) N /A - I rcw- o K, ;s no rea; Project Density _ A)./X .
Previous Cases
fPresentUseofSite11aMc.,J jLZ Y.51,Y1ee 411 cf%J . % ;CIJ te- S Si }C.
f
for c6110c&Icn., 04 5a"e.
Domestic Water Source AJ 1`. Company/District At
Method of Sewage Disposal Sanitation District A/ IA.
Grading of Lots by Applicant? YES NO x Amount /J
Show necessary grading design on site plan or tent. map)
0
1
NDMONAL USE PERMIT BURDEN Of* OOF
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning
Commission, the following facts: (answers must be full & complete)
A.
Residential:
That the requested use at the location proposed will not:
Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding
area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of other.persons located in the
vicinity of the site, or
Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.
Sec g.'t14c &C 't4icir. .
That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading
facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in
order to integrate said use with the uses in the surrounding area.
Su D rcy io.r.b SW Stcr, r.I c ajjS.
That the proposed site is adequately served:
By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of
traffic such use would generate, and
2. By other public or private service facilities as are required-
Si dC i g 11A fAbAFA . QAA u i Strut n o eal e t .fie IAYc 17rtsarr
T
wn:l rNe k1 c•rtu why acct» A e... Lo'jt
access ,
A.
Tota T'^.•c
Totar rkg.
Bachelor
Cov. Pkg.
Project Size: tut,ji«. \ Lot Coverage:
1 Bedroom
Uncov. Pkg.
2 Bdrm. & larger
Density: A) A. Maximum Height: _Al f i•. No. of floors: Al ZISq. Footage
celluW l rakst
Non-residential: to II&A : o •, A i.l r..?•tv,%L-00 I x.
Sq. ft. area No. of Bldgs. Occupant Load*
CUP Burden of Proof - Page 1
Parking: /
JCWC LJOIX 6C
Total
Landscaping: , ' • roo t o D
Sq. feet
Standard
Grading: Y _ N If yes, Quantity:
Cut:
Fill:
Compact Handicap
Import: Y _ N Y If yes, Quantity: -
Export: Y _ NX If yes, Quantity:
Occupant Load as calculated by the Building & Safety Division is requiredfor all dining, take-out or assem blv use, churches.
health clubs, theaters, etc.
LEGAL DESICRIPTION (all ownership comprising the proposed lot(s)/parcel(s)
see_ pa",
4 .
Area devoted to structures_ Vii s S 10 a . Landscaping/Open spaces A) -IA.
Residential Project: and
gross area) (No. of lots)
Proposed density
Units/Acres)
Parking Required Provided
Standard NaA :a oaa.
Compact ,
Handicapped
Total
Conditional Use Permit Burden of Proof - Page 2
Staff Use
Project No.
INITIAL STUDY QUESTIONNAIRE
to be completed by applicant)
Project Applicant (Owner):
NAME
Z 17 2 S 6-ALLmg CJr. fir.
ADDRESS
Z) Qar CA 917Lr+
PHONE # FAX#
A_ GENERAL INFORMATION
Project Representative:
Grcaet•i
NXMt
l7ay /llor t colt Atil 1&n
ADDRES$ ff
J.croMtllel CA 9'S,85-1
474.7400 41x•470-23`13
PHONE # FAX#
1. Action requested and project description: Laliecai :o OS ct:Ytltss 441tce44r..1.'C a....Q to t;o,,,.•i
6AA11
V 11
A AJtA6,JMt YlyZyb Si 4C
2. Street location of project: 21:`2.4 &Isaw x C Ar. Lir
t Lbawm J tar C A 7LyI ' S
3. Present use of site: Vy m,rrt p
IWcf., &
M .OAK y L
4. Previous use of site or structures:
5. Project Description
a. Site Size (total area)
b. Square Footage (covered by structures, paving
C. Number of floors of construction
Amouac of off-street parking provided
e. Landscaping, open space
f. Propose scheduling
g- Associated projects
h. Anticipated incremental development
157115 C.1 z(y ZJ*0!\--. IOt7 W CM eib cc
s
A) /A
AJ JA
AIA
hdtial Study Quetlkamikim • Pap I
If residential, i
size expected)
e number of units, scbedule of unit sizes (rangy sale prices or rents and type of household
161. Yi in& i O Y 00 n. 641,
j. If commercial, indicate the type, whether neighborbood, city or regionally oriented, square footage of sales area and
loading facilities. Mus t_er tr.1k? 1',. „nrs O 4 So. M, It a CGt l %4 viii; Js1 Ala
6Jr.% 4-4f e t {o. ti; , j 11 l 11;rs
k. If industrial, indicate type, estimated employment per shift, and loading facilities
1. If institutional, indicate the major function, estimated employment per shift, estimated occupancy. loading facilities,
and community benefits to be derived from the project.
Al A
m. If the project involves a variance, conditional use or rezoning application, state this and indicate clearl}- why the
application is required. \
lpA t as a co niG': :u a V S ;CTM i i.5YtrG . : Y C fL ' i S S t : A1 -Ayft Aw
Lv Z omg-t - LiGjr, al ., ic.c. rt60is( W Al are ccs ria« '7nali'U
6. Plcase list all previous cases (if any) related to this project:
7. List related permit/approvals required. Specify type and.granting.agency. Al A
8. Are you planning future phases of this project?
If yes, explain:
9. Pmsent zoning: ; L
Y N
10. Water and sewer service:
Domestic Public
Water Sewers
Does service exist at site? Y— N— Y N
If yes, do purveyors have
capacity to meet demand of
project —arid_ all other approved
projects? Y N_ Y N_
loiisl Study Qua tiaeaire - Pale 2
I1
12.
If domestic water or public 6M are not available, how will these services) nvided?.
Residential Projects: NIA
A. Number and type of units:
b. Floor area of each unit:
C. Number of floors
d. Schools:
What school district(s) serves the property?
Are existing school facilities adequate to meet project needs? YES NO
If not, what provisions will be made for additional classrooms?
Non-residential projects: (commercial, industrial, institutional)
a. Distance to nearest residential use or sensitive use (school, hospital, etc.)
b. Number and floor area of buildings: _` 6..i:.. + 5 S Lot; 42 = 74 k 4
C. Number of employees and shifts:
d. Maximum employees per shift:
C. Operating hours:
f. Community benefit to be derived from project:
i/A (Si k iS UNAkyMtd)
24
Access,..bAAX
1.
o a vt\i'l)( A.P";_
Ne UJGA "\,K ilea ,o c C0,016tu GA ca c.ci 'iv
g. Identify any: End products W
Waste products N A
Means of disposal N /A
h. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or
If yes, explain N0. S;A , +r; Il IJ6L bt e4 Qet wJ, 44' W( 4 bac•,p
uc,tcroidc t7Y . ey, rS
bridal Study Qwati Mim - Pase 3
Do your operations require any pressurized tanks? YES NO X
If yes, explain
Identify any flammable, reactive or explosive materials to be located on-site.
k. Will delivery or shipment trucks travel through residential area to reach the nearest highway?
YES NO _(X
If yes, explain
13. Associated Projects
14. Anticipated incremental development Al
15. If residential, include the number of units, schedule of unit sizes AIA '
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage '
of sales area and loading facilities.
Stt a{ee C
17. If industrial, indicate type, estimated employment per shift, and loading facilities
SK 41es u C
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project.
4J /A-
hi ial Study Quatiasoe - Page 4
0
B. ENVIRONMENTAL INFORMATION
to be completed by applicant)
Environmental Setting --Project Site
a. Existing use/structures U V wwe v V Y 641 w L( (A -*& t i i; e N S 5 i K
b. Topography/slopes 4)A
c. Vegetation Aj1N
d. Animals -A
e. Watercourses A %A
Cultural/historical resources
g. Other N/A
Environmental Setting-- Surrounding Area
a. Existing uses structures (types, densities): Cen M cre ,
b. Topography/slopes _yc5 s/ . iS 1.— L ;a 4 GDYtftj6,V
c. Vegetation Trt11 } -3LV S . C. ...J.0 r•s sc g
d• Animals A]o .
initial Study Quatkmaire . pate 5
3
4
Sc. Watercourses ta.
f. CulturaUhistorical resources 141 e .
g. Other N /A
Answers are not required if the area does not contain natural, undeveloped land.
Are there any major trees on the site, including oak trees, walnut trees, sycamore, California pepper and arroyo willow?
YES NO .X
If yes, type and number:
Will any natural watercourses, surface flow patterns, etc., be changed through project development?:
YES NO x
If yes, explain:
S. Grading:
G
7
Will the project require grading? YES
If yes, how many cubic yards?
Will it be balanced on-site? /J A YES
NO 4
NO
If not balanced, where will dirt be obtained or deposited?
Are thea any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)?
YES
If yes, explain:
NO X
Is the property locatcd within a high fire hazard area (hillsides with moderately dense vegetation)?
Distance to nearest fire station:
YES NO X _
biW Swdy Q-Miamaae - Page 6
Noise:
Existing noise sources at site: _ _ r Y* W o v oi0; St A& U a1 3S
Noise or vibration to be generated by project: Al ont( .
9. Fumes:
Odors generated by project: AJ1A
Could toxic fumes be generated?
10. Dust:
Dust, ash, or smoke generated by project: AIIA .
H. What energy -conserving designs or material wW be used? i t i5 a4r t1Ya ,
CERTIFICATION: I hereby certiij, that the statements furnished above and in a attached exhibits present the data and
information required for this initial evaluation to a best f my ability, and that the facts, statements, and
information presented are true and correct to th o y knowledge and belief.
9 7G I Alili
to rgaature 6. Ti
For: _ "T 1 /MCr;cor Corby
bi" StWIY Qu"O mnim - Pale 7
CERTIFIED PROPERTY OWNER'S LISP
AFFIDAVIT
ZONING CASE NO
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
I, GvfSA I X T. T: ue\\ . declare under penalty of perjury, pursuant to Section 20153 of the Code of
Civil ProcMur6, that the attached list contains the names and addresses of all persons who are shown on the latest available
assessment roll of the County of Los Angeles as owners of the subject property and as owning property within a distance of five
hundred (500) feet from the exterior boundaries of property legally described as:
ALL OF LOT 3 OF TRACT NO. 39679, IN THE CITY OF DIAMOND BAR,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN HOOK 1083, PAGES 14 TO 21 INCLUSIVE OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT
PORTION OF LOT 4 OF TRACT NO. 39679, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 4;
THENCE ALONG THE NORTHERLY LOT LINE OF SAID LOT 4, SOUTH 19-
21' 01" WEST 120.85 FEET TO AN ANGLE POINT IN SAID NORTHERLY
LINE; THENCE SOUTH 510 16' 57" WEST ALONG THE NORTHERLY LINE OF
SAID LOT 4, 78.76 FEET TO A POINT ON SAID NORTHERLY LINE;
THENCE SOUTH 25' 39' 520 EAST 315.47 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID LOT 4, SAID POINT ALSO BEING THE
BEGINNING OF A CURVE CONCAVED TO THE NORTH HAVING RADIUS OF
458.00 FEET; THENCE EASTERLY ALONG SAID CURVE, A LIISTANCE OF
102.98 FEET THROUGH A CENTRAL ANGLE OF 120 52' 59"'; THENCE NORTH
64.0 20' 56" EAST 63.50 FEET TO THE EASTERLY LINE OF SAID LOT 4;
THENCE NORTHERLY ALONG SAID EASTERLY LINE BACK TO THE POINT OF
BEGINNING.
End of Leqal Description
Executed at _ SacrnMW O California,
this r-7; r day of AA, Z ,-3sf toot
City of Diamond Bar
Department of Community & Development Services
Planning Division
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
February 15, 2001
Re: Burden of Proof attachment one
Dear Sir or Madam:
This letter is submitted as an attachment to the Burden of Proof statement
contained within the City of Diamond Bar Conditional Use Permit application. Numbers
and designations contained herein correspond to the question number from the statement,
and do not reflect any internal organization of this letter.
A: The proposed wireless whip antennae will not affect the health, peace, comfort or
welfare of residents or workers in the area. This site is a rooftop site which not only will
be segregated from residence and work areas, but will be consistent with uses of this and _
other surrounding rooftops. Additionally, this site will be physically small, and will draw
a low current. Because of these factors, there is no significant concern about radio
frequency pollution.
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04110/2001 08:52 818-246-7282 STEWART TITLE
Sanmky of Conu-=
STEWART;TITLE OF CALIFORNIA, INC.,
LOS ANGELES DIVISION
505 N. BRAND BLVD. SUITE 1200
GLENDALE, CA 91203
818) 502-2700
MEMBER CALIFORNIA LAND TITLE ASSOCIATION
PRELIMINARY REPORT
MFMCOM CORPOREATION
4700 NORTHGATE BLVD, #160
SACRAMENTO, CA 95834
Atm: ANDREA SPOONHUNTER
Order Number: 340103149
PAGE 01
Your Reference: SKY TEY/2-6421018
fa response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby
reports that it is prepared to issue, or cause to be issued, as of the daze hereof, a Policy or policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded
from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms_
The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list.
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A, or this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issils ce
of a policy of title insurance a binder or commitment should be requested.
Dated as of March 26, 2001 at 7:30 A.M.
ROBERT LOERA, Title Officer
818) 502-2733 Fax: (818) 241-9309
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340103149
CALIFORNIA. "GOOD FUNDS" LAW
California Insurance Code section 12413.1 regulates the disbursement
of escrow and sub -escrow funds by title companies. Funds received
by STEWART TITLE OF CALIFORNIA, INC. via wire transfer may be
disbursed upon receipt. Funds received via cashiers checks or teller
checks may be disbursed on the next business day after the day of
deposit. if funds including shortage checks are disbursed to this
company other than by tellers check, cashiers check, wire transfer or
disbursements of escrow or sub -escrow funds, you should contact
your title officer or escrow officer.
WIRING INSTRUCTIONS
IF YOU ANTICIPATE HAVING FUNDS WIRED TO STEWART TITLE OF
CALIFORNIA, INC. OUR WIRING INFORMATION IS .AS FOLLOWS:
ADDITIONAL NOTE: DIRECT WIRE TRANSFERS TO:
CITY NATIONAL BANK
5601 E. SLAUSON AVE
z. CITY OF COMMERCE, CALIFORNIA 90040
i.
ROUTING NO. 122016066
CREDIT TO STEWART TITLE OF CALIFORNIA, INC.
ACCOUNT # 013 218811
REF: (ORDER # 340103149, TITLE OFFICER NAME: ROBERT LOERA/COMMERCIAL)
WHEN INSTRUCTING THE FINANCIAL INSTITUTION TO WIRE FUNDS, IT IS
VERY IMPORTANT THAT YOU REFERENCE STEWART TITLE'S ORDER NUMBER.
SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD PLEASE CONTACT
YOUR TITLE OFFICER IMMEDIATELY.
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340103149
r.
F. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION BY REASON OF ANY
LAUNDRY FACILITIES, LEASES OR EQUIPMENT LOCATED ON OR IN
CONNECTION WITH SAID LAND.
G. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND AS TENANTS ONLY.
H. ANY EASEMEN'T'S NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH
IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND
APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND.
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A. LENDERS NOTE:
STEWART TITLE PAGE 14
0 340103149
NOTES
IF AN ALTA LOAN POLICY - 1970, AMENDED 10-17-70 (AMENDED
12-6-55) IS REQUESTED, THE FOLLOWING WILL BE ADDED AS AN
EXCLUSION FROM COVERAGE:
ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE
INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF
THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR
SIMULAR CREDITORS' RIGHTS LAWS THAT IS BASED ON:
I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED
MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR TRANSFER; OR
II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE
AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE
SUBORDINATION; OR
III) THE TRANSACTION CREATING THE INTEREST OF THE INSURED
MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE
PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE:
A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH
RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A
JUDGEMENT OR LIEN CREDITOR.
B. IF AN OWNERS POLICY WILL BE REQUESTED, PLEASE BE AWARE THAT
UNLESS INSTRUCTED OTHERWISE, WE WILL ISSUE A CLTA STANDARD
COVERAGE OWNERS POLICY. IF A DIFFERENT FORM OF POLICY IS
CONTEMPLATED FOR THIS TRANSACTION, PLEASE ADVISE AND CONTACT
YOUR TITLE OFFICER FOR ADDITIONAL REQUIREMENTS
C. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A
SURVEY OF SAID LAND SATISFACTORY TO THIS COMPANY, OR BY INQUIRY
OF THE PARTIES IN POSSESSION THEREOF.
D. AN INSPECTION OF SAID LAND HAS BEEN ORDERED; UPON ITS
COMPLETION WE WILL ADVISE YOU OF OUR FINDINGS.
E. ANY RIGHTS OF THE PARTIES IN POSSESSION OF SAID LAND, BASED
ON AN UNRECORDED LEASE, OR LEASES, AS DISCLOSED BY AN
INSPECTION.
THIS COMPANY WILL REQUIRE THAT A FULL COPY OF ANY UNRECORDED
LEASE BE SUBMITTED TO US, TOGETHER WITH ALL SUPPLEMENTS,
ASSIGNMENTS AND AMENDMENTS, BEFORE ISSUING ANY POLICY OF TITLE
INSURANCE_
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9 340103149
29, THIS COMPANY WILL REQUIRE THAT AN ALTA SURVEY OF SAID LAND,
SATISFACTORY TO THIS COMPANY, BE SUBMITTED. IT IS RECOMMENDED
THAT THE SURVEYOR CONTACT THIS COMPANY PRIOR TO STARTING THE
SURVEY.
END OP EXCEPTIONS
4
12-
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340103149
26. PROVIDE RELEASE/RECONVEYANCE INSTRUMENTS FOR DEEDS OF TRUST
OF RECORD AS FOLLOWS:
A. IF INSTITUTIONAL LENDER WE MUST BE PROVIDED A DEMAND FOR
PAYMENT. IF SERVICED BY OTHER THAN THE BENEFICIARY WE MUST BE
PROVIDED A COPY OF THE LOAN SERVICING AGREEMENT.
8. IF AN INDIVIDUAL LENDER WE MUST BE PROVIDED DEMAND FOR
PAYMENT TOGETHER WITH THE ORIGINAL NOTE. DEED OF TRUST .AND
SIGNED REQUEST FOR FULL RECONVEYANCE, REQUEST FOR FULL
RECONVEYANCE MUST BE SIGNED BY BOTH SPOUSES IF BENEFICIAL
INTEREST IS IN ONE SPOUSE ALONE.
C. IF BENEFICIARY IS A TRUST, WE MUST BE PROVIDED A FULL COPY OF
SAID TRUST, TOGETHER WITH THE ORIGINAL NOTE, DEED OF TRUST AND
SIGNED REQUEST FOR FULL RECONVEYANCE.
D. IF LOAN IS FOR A REVOLVING LINE OF CREDIT, WE MUST BE
PROVIDED A "FREEZE LETTER".
27. IT IS THE POLICY OF THIS COMPANY TO MAKE ALL REQUIRED
PAYOFFS.
THE COMPANY WILL REQUIRE CURRENT, WRITTEN PAYOFF DEMANDS
ADDRESSED TO STEWART TITLE OF CALIFORNIA, INC. OR OUR ESCROW
CUSTOMER. NONCURRENT AND EXPIRED DEMANDS WILL NORMALLY NOT BE
ACCEPTABLE BUT THEY MAY BE ACCEPTED AT THE DISCRETION OF THE
COMPANY IF VERBAL UPDATING CAN BE OBTAINED.
THE COMPANY WILL HOLD AN AMOUNT EQUAL TO ONE MONTHLY MORTGAGE
PAYMENT UNTIL ACCEPTANCE BY THE LENDER OF OUR PAYOFF ON ANY
NONCURRENT OR EXPIRED BENEFICIARY DEMAND, WHETHER OR NOT
VERBALLY UPDATED.
THE COMPANY WILL ALSO HOLD AN AMOUNT EQUAL TO ONE MONTHLY
MORTGAGE PAYMENT UNTIL ACCEPTANCE BY THE LENDER OF OUR:PAYOFF
ON ANY DEMAND WHICH INCLUDES A PAYMENT MADE WITHIN 14 DAYS OF
CLOSING UNLESS THE COMPANY HAS BEEN PROVIDED WITH SATISFACTORY
PROOF OF PAYMENT (I.E. A CANCELLED CHECK OR WRITTEN
CONFIRMATION OF CHECK CLEARANCE.)
L PLEASE BE ADVISED THAT THE COMPANY WILL REQUIRE THAT THE
BENEFICIARY OR BENEFICIARIES SIGN AN ESTIMATED CLOSING COST
STATEMENT ANYTIME WE ARE PRESENTED FOR PAYOFF A NET PROCEEDS
DEMAND OR A DEMAND IN WHICH THE BENEFICIARY OR BENEFICIARIES
ARE ACCEPTING FOR PAYOFF LESS THAN WHAT THEY ARE OWED.
28. IT IS THE POLICY OF STEWART TITLE OF CALIFORNIA - LOS
ANGELES DIVISION TO COLLECT ALL TITLE CHARGES AND DEDUCT SAID
CHARGES UPON RECORDING WHEN STEWART TITLE IS DOING THE PAYOFF.
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340103149
21. THIS COMPANY WILL REQUIRE THE FOLLOWING DOCUMENTS IN ORDER
TO INSURE A CONVEYANCE OR ENCUMBRANCE BY THE CORPORATION OR
UNINCORPORATED ASSOCIATION NAMED BELOW:
CORPORATION: DIAMOND BAR HOTEL CORPORATION, AN OKLAHOMA
CORPORATION D/8 IN CALIFORNIA AS OKLAHOMA
DIAMOND BAR HOTEL CORPORATION, GENERAL PARTNER
A) .A COPY OF THE CORPOR7A.TION BY-LAWS OR ARTICLES.
B) AN ORIGINAL OR CERTIFIED COPY OF THE RESOLUTION AUTHORIZING
THE SUBJECT TRANSACTION.
C) IF THE ARTICLES OR BY-LAWS REQUIRE APPROVAL BY A "PARENT"
ORGANIZATION, WE WILL ALSO REQUIRE A COPY OF THOSE
BY-LAWS OR ARTICLES.
i (
D) IF AN UNINCORPORATED ASSOCIATION, A STATEMENT PURSUANT
TO APPLICABLE LAW (SUCH AS CALIFORNIA CORPORATION CODE
SECTION 20002). THE RIGHT IS RESERVED TO ADD REQUIREMENTS
OR ADDITIONAL ITEMS AFTER COMPLETION OF SUCH REVIEW.
22. RIGHTS OF TENANTS IN POSSESSION.
23. RIGHTS OF PARTIES IN POSSESSION.
24. THIS COMPANY WILL REQUIRE THAT A FULL COPY OF ANY UNRECORDED
LEASE BE FURNISHED TO THE COMPANY; TOGETHER WITH ALL
SUPPLEMENTS AND AMENDMENTS BEFORE ISSUING ANY POLICY OF TITLE
INSURANCE.
25. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES
NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE
EFFECT OF DOCUMENTS; PROCEEDINGS, LIENS, DECREES, OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH,
IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR
ENCUMBRANCES THEREON.
ALL PARTIES
NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE
THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE
SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND
HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY
IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE
THE PARTIES BUT IN FACT .AFFECT ANOTHER PARTY WITH THE SAME OR
SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS
ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE).
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EXECUTED BY
TO
818-246-7282
RECORDED
INSTRUMENT/PILE NO
STEWART TITLE PAGE 10
is 0 340103149
DIAMOND BAR HOTEL INVESTMENT,
LIMITED PARTNERSHIP
FIRST COMMERCIAL BANK (INCORPORATED IN
TAIWAN, R.O.C.) LOS ANGELES BRANCH
APRIL 29, 1997
97-645863, OF OFFICIAL RECORDS
THE LESSOR'S INTEREST UNDER THE LEASES REFERRED TO THEREIN,
WHICH ASSIGNMENT RECITES, THAT IT Is GIVEN AS ADDITIONAL
SECURITY FOR THE DEED OF TRUST ABOVE
THIS COMPANY IS IN THE PROCESS OF INVESTIGATING THE STATUS OF
THE ABOVE ITEM_ PLEASE BE ADVISED THAT, AT THIS TIME, WE FIND
NO RELEASE OF RECORD.
BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY MUST
BE ABLE TO ELIMINATE ITEM 17 IN SCHEDULE B. IF YOU HAVE NOT
RECEIVED A SUPPLEMENT ELIMINATING SAID ITEM ONE WEEK PRIOR TO
s RECORDING, PLEASE ADVISE US OF YOUR PROJECTED CLOSING DATE SO WE
MAY AGAIN CONTACT THE APPROPRIATE ENTITY.
16. A. DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT
SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY
AMOUNT
DATED
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
INSTRUMENT/FILE NO
X$7,175,000.00
OCTOBER 15, 1997
DIAMOND BAR HOTEL FUND LIMITED PARTNERSHIP,
AN OKLAHOMA LIMITED PARTNERSHIP, DOING
BUSINESS IN CALIFORNIA AS DIAMOND BAR HOTEL
FUND LIMITED PARTNERSHIP
FIRST AMERICAN TITLE COMPANY OF LOS ANGELES,
A CALIFORNIA CORPORATION
NATIONSBANK, N.A.,
A NATIONAL BANKING ASSOCIATION
OCTOBER 17, 1997
97-1629343 OF OFFICIAL RECORDS
19. THE CONSENT OF THE LIMITED PARTNERS OF DIAMOND BAR HOTEL
FUND LIMITED PARTNERSHIP, AN OKLAHOMA LIMITED PARTNERSHIP,
DOING BUSINESS IN CALIFORNIA AS OKLAHOMA DIAMOND BAR HOTEL FUND
LIMITED PARTNERSHIP MAY BE REQUIRED. PLEASE PROVIDE THIS
COMPANY WITH A COMPLETE COPY OF THE PARTNERSHIP AGREEMENT AND
ANY AMENDMENTS THERETO.
20. THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF
DIAMOND BAR HOTEL FUND LIMITED PARTNERSHIP, AN OKLAHOMA LIMITED
PARTNERSHIP, DOING BUSINESS IN CALIFORNIA AS OKLAHOMA DIAMOND
BAR HOTEL LIMITED PARTNERSHIP AND .ANY AMENDMENTS OR
MODIFICATIONS THERETO BE FURNISHED TO THE COMPANY.
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DATED
LESSOR
LESSEE
v
818-246-7282 STEWART TITLE PAGE 09
340103149
DISCLOSED BY
RECORDED
INSTRUMENT/FILE NO
JULY 12, 1994
LA -NAM ENTERPRISES, INC.,
A CALIFORNIA CORPORATION
LOS ANGELES CELLULAR TELEPHONE COMPANY,
A CALIFORNIA GENERAL PARTNERSHIP
MEMORANDUM OF LEASE
NOVEMBER 30, 1994
9.4-2137689, OF OFFICIAL RECORDS
THE PRESENT OWNERS141P OF THE LEASEHOLD CREATED BY SAID LEASE
AND OTHER MATTERS AFFECTING THE IN'T'EREST OF THE LESSEE ARE NOT
SHOWN HEREIN.
AND RECORDED APRIL 29, 1997, AS INSTRUMENT NO. 97-645865, OF
OFFICIAL RECORDS.
16. AN UNRECORDED TjEASE WITH CERTAIN TERMS, COVENANTS AND
PROVISIONS SET FORTH THEREIN
DATED
LESSOR
LESSEE
DISCLOSED 8Y
RECORDED
INSTRUMENT/FILE NO
SEPTEMBER 24, 1996
LA -NAM ENTERPRISES, INC.
SMART SMR OF CALIFORNIA, INC., A DELAWARE
CORPORATION D/B/A NEXTEL COMMUNICATIONS
MEMORANDUM OF AGREEMENT
FEBRUARY 24, 1997
97-275576, OF OFFICIAL RECORDS
THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE
AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT
SHOWN HEREIN.
AND RECORDED APRIL 29, 1997, AS INSTRUMENT NO. 97-645866, OF
OFFICIAL RECORDS.
17. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT
SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY
AMOUNT
DATED
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
INSTRUMENT/FILE NO
4,500,000.00
APRIL 17, 1997
DIAMOND .BAR. HOTEL INVESTMENT,
LIMITED PARTNERSHIP
NORTH AMERICAN TITLE COMPANY
FIRST COMMERCIAL BANK (INCORPORATED IN
TAIWAN, R.O.C.) LOS ANGELES BRANCH
APRIL 29, 1997
97-645862 OF OFFICIAL RECORDS
AN ASSIGNMENT OF RENTS AND LEASES UPON THE TERMS AND CONDITIONS
THEREIN SET FORTH
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340103149
INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT
PURPOSE PUBLIC UTILITIES
RECORDED JUNE 22, 1989
INSTRUMENT/FILE NO 89-1002328, OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
13. ANY RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY
REASON OF THE FOLLOWING FACTS -SHOWN ON A SURVEY FLAT ENTITLED
ALTA SURVEY", DATED JULY 1997 PREPARED BY ENGLES S. SHEN AS
JOB NO. 21725 GATEWAY CENTER DRIVE.
1) THE FACT THAT 5 DECORATIVE CONCRETE BOXES LOCATED ALONG
GATEWAY CENTER DRIVE, ENCROACH ONTO SAID STREET.
2) ANY EASEMENT OR LESSER RIGHT FOR THE CONNECTIONS AND FIRE
CONTROL VALVE.
3) ANY EASEMENT FOR PRESSURE REDUCER AND WATER RISERS.
14. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT
SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY
AMOUNT
DATED
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
INSTRUMENT/FILE NO
2,550,000.00
MAY 18, 1992
YC+P JOINT VENTURA., A JOINT VENTURE COMPRISED
OF TUSHAR PATEL, A SINGLE MAN AND CHING CHUAN
CHEN AND PI-TZU YANG CHEN, HUSBAND AND WIFE
LINCOLN TITLE COMPANY,
A CALIFORNIA CORPORATION
FAR EAST NATIONAL BANK
JUNE 8, 1992
92-1037116 OF OFFICIAL RECORDS
THIS COMPANY IS IN T?iE PROCESS OF INVESTIGATING THE STATUS OF
THE ABOVE ITEM. PLEASE BE ADVISED THAT, AT THIS TIME, WE FIND
NO RELEASE OF RECORD.
BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY MUST
BE ABLE TO ELIMINATE ITEM 14 IN SCHEDULE B_ IF YOU HAVE NOT
RECEIVED A SUPPLEMENT ELIMINATING SAID ITEM ONE WEEK PRIOR TO
RECORDING, PLEASE ADVISE US OF YOUR PROJECTED CLOSING DATE SO WE
MAY AGAIN CONTACT THE APPROPRIATE ENTITY.
15. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS AND
PROVISIONS SET FORTH THEREIN
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340103149
10_ COVENANTS, CONDITIONS, AND RESTRICTIONS ASSET FORTH IN
INSTRUMENT RECORDED APRIL 13, 1987 AS INSTRUMENT NO.
87-567650, OFFICIAL RECORDS, BUT OMITTED ANY COVENANT,
CONDITION OR RESTRICTION, IF ANY, BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN
UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR
RESTRICTION; (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES
CODE; OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE
AGAINST HANDICAPPED PERSONS.
NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE
FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON
RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION
VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND
MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT
CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON TV9
AGE OF OCCUPANTS IN SENIOR HOUSING OR FOR OLDER PERSONS SHALL
NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS_.
SAID COVENANTS, CONDITIONS, AND RESTRICTIONS PROVIDE THAT A
VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN
OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR
VALUE.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED
BY AN INSTRUMENT:
RECORDED I DECEMBER 17, 1990
INSTRUMENT NO. 90-2071041 OF OFFICIAL RECORDS
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED
BY AN INSTRUMENT
RECORDED I DECEMBER 17, 1990
INSTRUMENT NO. 90-2071042 OF OFFICIAL RECORDS
11. THE EFFECT OF AN INSTRUMENT ENTITLED "GRANT OF WAIVER AND
CERTIFICATE OF COMPLIANCE"
EXECUTED BY DIAMOND BAR BUSINESS ASSOCIATION, A
CALIFORNIA GENERAL PARTNERSHIP
CITY/COUNTY OF DEPARTMENT OF REGIONAL PLANING
RECORDED DECEMBER 22, 1988
INSTRUMENT/FILE NO. 88-2046396, OF OFFICIAL RECORDS
APPROVING A DIVISION OF SAID LAND AND GRANTING A WAIVER OF THE
FILING OF A PARCEL MAP, UPON THE TERMS AS SET FORTH THEREIN.
12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS
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340103149
INSTRUMENT NO.1 87-342446 OF OFFICIAL RECORDS.
9. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN
INSTRUMENT RECORDED DECEMBER 17, 1981 AS INSTRUMENT NO.
81-1240182, OFFICIAL RECORDS, BUT OMITTED ANY COVENANT,
CONDITION OR RESTRICTION, IF ANY, BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN
UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR
RESTRICTION; (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES
CODE; OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE
AGAINST HANDICAPPED PERSONS.
NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE
FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON
RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION
VIOLATES STATE .AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND
MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT
CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE
AGE OF OCCUPANTS IN SENIOR HOUSING OR FOR OLDER PERSONS SHALL
NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS.
SAID COVENANTS, CONDITIONS, AND RESTRICTIONS PROVIDE THAT A
VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN
OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR
VALUE.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED
BY AN INSTRUMENT:
RECORDED JUNE 28, 1985
INSTRUMENT NO. 85-754711 OF OFFICIAL RECORDS
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED
BY AN INSTRUMENT:
RECORDED APRIL 21, 1987
INSTRUMENT NO. 87-613138 OF OFFICIAL RECORDS
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED
BY AN INSTRUMENT:
RECORDED MAY 20, 1988
INSTRUMENT NO. 188-810378 OF OFFICIAL RECORDS
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED
BY AN INSTRUMENT:
RECORDED
INSTRUMENT NO.
RECEIVED APR -10-01 07:49AM1
NOVEMBER. 14, 2000
00-1780026 OF OFFICIAL RECORDS
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is 3401031.49
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AND
ASSESSMENTS, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID
LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES
FILED BY SAID DISTRICTS.
3. WATER RIGHTS, CLAIMS OR TITLE TO WATER IN OR UNDER SAID LAND,
WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS.
4. AN EASEMENT FOR TIS PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
PURPOSE STORM DRAINS
RECORDED AUGUST 18, 1970
INSTRUMENT/FILE NO 2908, OF OFFICIAL RECORDS
AFFECTS A STRIP OF LAND 20 FEET IN WIDTH AS SHOWN
ON PARCEL MAP 13634 AND AS PARCELS 2-1D,
4, 2-1D, 5 AND 2-1D.6.
5. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE
ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY ADJACENT
TO SAID LAND, SAID RIGHTS HAVING BEEN RELINQUISHED TO THE STATE
OF CALIFORNIA BY DEED
RECORDED OCTOBER 19, 1970 IN BOOK D4863, PAGE 222,
INSTRUMENT/FILE NO. 187, OF OFFICIAL RECORDS
RECORDED APRIL 10, 1974
INSTRUMENT/FILE NO. 3477, OF OFFICIAL RECORDS
6. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE
RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID
LAND, SUCH RIGHTS HAVING BEEN RELINQliISHED BY THE MAP OF SAID
TRACT.
AFFECTS I GOLDEN SPRINGS DRIVE
SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER, THAN
REFERRED TO ABOVE OVER WHICH RIGHTS OF VEHICULAR INGRESS AND
EGRESS HAVE NOT BEEN RELINQUISHED.
7. AN EASEMENT OR OTHER PROVISIONS FOR THE PURPOSES SHOWN BELOW
AND RIGHTS INCIDENTAL THERETO AS SHOWN ON THE RECORDED MAP!
MAP NO. TRACT NO. 39679
EASEMENT PURPOSE SEWER
SAID EASEMENT IS DELINEATED ON THE MAP OF SAID LA=-
S. ANY INSTRUMENT WHICH AMONG OTHER THINGS PROVIDES THAT THE LOT
OWNERS IN SAID SUBDIVISION SHALL NOT INTERFERE WITH THE
ESTABLISHED DRAINAGE OF SAID SUBDIVISION.
RECORDED I MARCH 6, 1987
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Is 340103149
SCHEDULER
At the date hereof, exceptions to coverage in addition to the
Printed exceptions and exclusions contained in said policy or
policies would be as follows!
I. PROPERTY TAXES, W14IC14 ARE ,A. LIEN NOT YET DUE AND PAYABLE,
INCLUDING ANY ASSESSMENTS COLLECTED WITS TAXES, TO BE LEVIED
FOR THE FISCAL YEAR 2001 - 2002 WHICH ARE A LIEN NOT YET
PAYABLE.
1A. GENERAL AND SPECIAL CITY AND/OR COU1v-TY TAXES, INCLUDING ANY
PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH
TAXES, FOR THE FISCAL YEAR 2000-2001:
IST INSTALLMENT $54,539.83 PAID
2ND INSTALLMENT $36,560.52 OPEN
EXEMPTION NONE
CODE AREA 10469
ASSESSMENT NO. 1 8293-050-003
AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN.
1B. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1997-1998 ISSUED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE
CALIFORNIA
CODE AREA 10469
PARCEL NO. 8293-050-003
LAND $1,110,000
IMPROVEMENTS $3,455,000
FIRST INSTALLMENT $532.75 PAID
SECOND INSTALLMENT $532.74 OPEN
AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN.
1C. GENERAL AND SPECIAL CITY AND/OR COUNTY TAXES, -INCLUDING ANY
PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH
TAXES, FOR THE FISCAL YEAR 2000-2001:
IST INSTALLMENT $4,301.53 PAID
2ND INSTALLMENT $4,301.52 OPEN
EXEMPTION NONE
CODE AREA 10469
ASSESSMENT NO. 8293-050-003
AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN.
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340103149
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Los Angeles, described as follows:
ALL OF LOT 3 OF TRACT NO. 39679, IN THE CITY OF DIAMOND BAR,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 1083, PAGES 14 TO 21 INCLUSIVE OF MAPS, IN THE OFFICE
OF THE COMITY RECORDER OF SAID COUNTY, TOGETHER WITH THAT
PORTION OF LOT 4 OF TRACT NO. 39679, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 4;
THENCE ALONG THE NORTHERLY LOT LINE OF SAID LOT 4, SOUTH 19-
21' 01" WEST 120.85 FEET TO AN ANGLE POINT IN SAID NORTHERLY
LINE; THENCE SOUTH 51° 16' 57" WEST ALONG THE NORTHERLY LINE OF
SAID LOT 4, 78.76 FEET TO A POINT ON SAID NORTHERLY LINE;
THENCE SOUTH 250 39' 52" EAST 315.47 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID LOT 4, SAID POINT ALSO BEING THE
BEGINNING OF A CURVE CONCAVED TO THE NORTH HAVING A RADIUS OF
458.00 FEET; THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF
102.98 FEET THROUGH A CENTRAL ANGLE OF 120 52' 59"; TH•ENCE NORTH
640 20' 56" EAST 63.50 FEET TO THE EASTERLY LINE OF SAID LOT 4;
THENCE NORTHERLY ALONG SAID EASTERLY LINE BACK TO THE POINT OF
BEGINNING.
End of Legal Description
2..
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0
STEWART TITLE PAGE 02
340103149
PRELEMARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
California Land Title Association Standard Coverage Policy
SCHEDULE A
The Estate or Interest in the land hereinafter described or referred
to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
DIAMOND BAR HOTEL FUND LIMITED PARTNERSHIP, AN OKLAHOMA LIMITED
PARTNERSHIP, DOING BUSINESS IN CALIFORNIA AS OKLAHOMA DIAMOND
BAR HOTEL FUND LIMITED PARTNERSHIP
Continued on next page
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Order 22-00000000222 DescripSon," 829350 Page I of I Comment: MAPS
RECEIVED APR -10-01 07:49AM FROM -818 248 7282 TO-MERICOM SACRAMENTO PAGE 17
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
I, Stella Marquez, declare as follows:
40
I am employed by the City of Diamond Bar, Community and Development Services
Department. On May 1, 2002, I personally posted a copy of the Notice of Public Hearing
regarding Conditional Use Permit No. 2002-04 for property located at 21725 Gateway Center
Dr. (Holiday Inn), Diamond Bar, CA, to be heard before the Planning Commission on May 14,
2002, a copy attached hereto, at the following locations:
Diamond Bar City Hall, 21825 E. Copley Drive
1061 Grand Avenue (Diamond Bar Library)
21070 Golden Springs Drive Community Board (JoAnne's Fabric)
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 1, 2002, at Diamond Bar, California.
tella Marquez
Community and Development Services Dept.
g: \lskaftidavitposting.doc
I``111 ((
11Y
11 114, 1110,0V BAR
1 Ilt'{,'
NOSE OF PUBLIC BARING
City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, CA 91765
TO: Property Owners within a 700 -foot radius of subject site
FROM: City of Diamond Bar, Planning Commission
NOTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the Planning Commission to determine
whether or not the subject request shall be approved under the provisions of State Law and the City of Diamond Bar's Development Code
as follows:
DATE AND TIME OF HEARING: Tuesday, May 14, 2002, 7:00 P.M. (or as soon thereafter that the matter can be heard)
PLACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium
21865 E. Copley Drive, Diamond Bar, CA 91765
SUBJECT: Conditional Use Permit No. 2002-04
REQUEST: Conditional Use Permit No. 2002-04 is a request (pursuant to Code Section 22.42.G.4.) to install a rooftop telecommunications
paging facility consisting of two 14 -foot high whip antennas, one dish antenna, two GPS antennas and one equipped cabinet.
PROPERTY ADDRESS: Holiday Inn Select, 21725 Gateway Center Drive, (Lot 3, Tract No. 39679), Diamond Bar, CA 91765
PROPERTY OWNER: Diamond Bar Hotel Fund, 21725 Gateway Center Drive, Diamond Bar, CA 91765
APPLICANT: Skytel, 515 E. Amite Street, Jackson, MS 39201
APPICANT'S AGENT: Mericom Corp., 4700 Northgate Blvd., #160, Sacramento, CA 95834
ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA) 15303(e),
the City has determined that this project is categorically exempt.
Published in:
San Gabriel Valley Tribune: May 2, 2002
Inland Valley Daily Bulletin: May 2, 2002
If you are unable to attend the public hearing, but wish to send written
comments, please write to the City of Diamond Bar Community and
Development Services Department/Planning Division at the address given
below. To preview case materials or for further information on this subject
please contact the Planning Division at (909) 396-5676.
If you challenge this application and project in court, you may be
limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence
delivered to the Planning Commission at, or prior to, the public
hearing.
CASE MATERIALS are available for review between the hours of 7:30
a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m.
on Friday, at the City of Diamond Bar Department of Community and
Development Services/Planning Division, 21825 Copley Dr., Diamond
Bar, CA 91765
A MAP:
f 0
North Subject Site
rot to scale)
iTv"-C,&J
INLAND VALLEY
DAILY BULLETIN
formerly the Progress Bulletin)
2041 E. 4th Street
Ontario, CA 91764
Space below for 'aunty Clerk only)
CITY OF DIAMOND BAP
Approved for Payment
PO#
Account #
Amount Approved
Dept Approval
Finance Approval
City Mgr Approval
PROOF OF PUBLICATION
2015.5 C.C.P.)
STATE OF CALIFORNIA Proof of Publication of
County of Los Angeles
I am a citizen of the United States, I am over the
age of eighteen years, and not a party to or
interested in the above -entitled matter. I am the
principal clerk of the printer of INLAND VALLEY
DAILY BULLETIN, a newspaper of general
circulation printed and published daily for the City
of Pomona, County of Los Angeles, and which
newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the
County of Los Angeles, State of California, on the
date of June 15, 1945, Decree No. Pomo C-606.
The notice, of which the annexed is a true printed
copy, has been published in each regular and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
5/2/02
I declare under penalty of perjury that the
foregoing is true and correct.
Executed at Ontario, San Bernardino Co. California
this _2 day of MAY , 20 02
signature
NOTICE OF PUBLIC }HEARING
NOTICE IS HEREBY GIVEN BY THE CITY
OF DIAMOND BAR that the Planning
Commission will conduct a public hearing on
the following item to determine whether or not
The subject request shall be approved under the
Provisions of State law and The City of Diamond
Bar's Development Code:
Conditional Use Permit 2002-04 is a request
pursuant to Cade Section 22:42.G.4.) to install a,
rooftop telecommunications paging facility
consisting of two 14 -foot high, whip antennas,
one dish antenna, two GPS antennas and one
equipped cabinet.
PROJECT ADDRESS: Holiday inn Select, 21725
Gateway Center Drive, (Lot 3, Tract No. 39679),
Diamond Bar, CA 91765
PROPERTY OWNER: Diamond Bar Hotel
Fund, 21725 Gateway Center Drive, Diamond
Bar, CA 91765
APPLICANT: Skytel, 515 E. Amite Street,
Jackson, MS 39201
APPICANT'S AGENT: Mericom Corp., 4700
Northgate Blvd., #160, Sacramento, CA 95834
Environmental Determination: Pursuant to the
Provisions of the California Environmental
Quality Act (CEQA) 15303(e), the City has
determined that this proiect is categorically
exempt.
If you are unable to attend the public hearing, but wish to send written comments, please write
to the Diamond' Bar Community and'
Development Services Department/Planning
Division at the address given below. You may
also obtain additional information concerningthiscasebyphoning (909) 396-5676.
If you challenge this application and proiect in
court, you may be limited to raising only those
issues you or someone else raised at the public
hearing described in this notice, or in written
correspondence delivered to the 'Planning
Commission at, or prior to, the public hearing.
TIME OF HEARING: 7:00 P.M. (or as soon
the that the matter can be heard)
DATEOF PUBLIC HEARING: Tuesday, May14, 2002
LOCATION:
South Coast Air Quality Management DistrictAuditorium
21865 E. Copley Drive
Diamond Bar, California 91765.
CASE MATERIALS: Are available for review
from 7:30 a.m. and 5:30 p.m. Monday through
Thursday and 7:30 a.m. to 4:30 p.m. on Friday,
at the City of Diamond Bar Community and
Development Services Department/Planning
Division, 21825 E. Copley Drive, Diamond Bar,
CA 91765.
Pub: May 2, 2002 #29625
I
I0pa G6 Utl1UW 10r,' ,%e_-l LUUnty %,16rK U111yt
SAN GABRIEL VALLEY TRIBUNE
affiliated with
SGV Newspaper Group
1210 N. Azusa Canyon Road
West Covina, CA 91790
PSV
PROOF OF PUBLICATION `
U
4
2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States, and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal clerk of
the printer of SAN GABRIEL VALLEY TRIBUNE, a
newspaper of general circulation which has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of Los
Angeles, State of California, on the date of
September 10, 1957, Case Number 684891. The
notice, of which the annexed is a true printed copy,
has been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to wit:
5/2/02
I declare under penalty of perjury that the
foregoing is true and correct.
Executed at West Covina, LA Co. California
this day of , 20 02
signature
35
Pro-of of Publication of
NOTICE OF PUBLIC HEARING"- —
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the Planning
Commission will conduct a public hearing on the following item to determine whether
or not the subiect request shall be approved under the provisions of State law and the
City of Diamond Bar's Development Code:
Conditional Use Permit No. 2002-04 is a request (pursuant to Code Sections 22.42.G.4)
to install a rooftop telecommunications paging facility consisting of two 14 -foot high
whip antennas, one dish antenna, two GPS antennas and one equipped cabinet.
PROJECT ADDRESS: Holiday Inn Select, 21725 Gateway Center Drive, (Lot 3, Tract
No. 39679), Diamond Bar, CA 91765
PROPERTY OWNER: Diamond Bar Hotel Fund, 21725 Gateway Center Drive,
Diamond Bar, CA 91765
APPLICANT: Skytel, 515 E. Amite Street, Jackson, MS 39201
APPLICANT'S AGENT: Mericom Corp., 4700 Northgate Blvd., #160, Sacramento, CA
95834
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), 15303(e), the City determined that this project is
categorically exempt.
If you are unable to attend the public hearing, but wish to send written comments,
please write to the Diamond Bar Community and Development Services
Department/Planning Division at the address given below. You may also obtain
additional information concerning this case by phoning (909) 396-5676.
If you challenge this application and project in court, you may be limited to raising
only those issues You or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the Planning Commission at, or
prior to, the public hearing.
TIME OF HEARING: 7:00 P.M. (or as soon thereafter that the
matter can be heard)
DATE OF PUBLIC HEARING: Tuesday, May 14, 2002
LOCATION: AQMD/Government Center - Auditorium
21865 E. Copley Drive
Diamond Bar, California 91765
CASE MATERIALS: Are available for review between 7:30 a.m. and 5:30 P.M.
Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, at the City of
Diamond Bar Community and Development Services Department/Planning Division,
21825 Copley Drive, Diamond Bar, CA 91765.
Publish: May 2, 2002 San Gabriel Valley Tribune AD #172289
Wen P. Chang
Mayor
Deborah H. O'Connor
Mayor Pro Tem
Carol Herrera
Council Member
Robert S. Huff
Council Member
Robert P. Zirbes
Council Member
Rec ded paper
May 15, 2002
City of Diamond Bar
21825 E. Copley Drive • Diamond Bar, CA 91765-4178
909) -860-2489 • Fax (909) 861-3117
www.CityofDiamondBar.com
Diamond Bar Hotel Fund
21725 Gateway Center Drive
Diamond Bar, CA 91765
SkyTell
515 E. Amite Street
Jackson, MS 39201
Mericom Corporation
4700 Northgate Blvd., #160
Sacramento CA 95834
Re: Conditional Use Permit No. 2002-04 located at 21725
gateway Center Drive, Diamond Bar, CA 91765
The above referenced project was approved on May 14, 2002.
Enclosed is the approved certified Resolution No. 2002-11
for your records and an Affidavit of Acceptance for the
resolution. Please sign the affidavit, have it notarized,
and return it to the Planning Division.
A balance of $752.50 is due to the City for processing
Conditional Use Permit No. 2002-04 and anticipated Planning
Division fees. Enclosed is the project's fee log for your
perusal. Please submit a check for this amount to the City
of Diamond Bar, prior to the Building and Safety Division
plan check submittal.
Thank you for your cooperation in advance. If you have
any questions, please contact me at (909) 396-5676.
Sincerely,
n J / Lu u
Associate Pla ner
cc:
James DeStefano, Deputy City Manager
0 0
MSA 2 Grid 5079
License No.
SKYTEL CORP.
ANTENNA SITE LICENSE AGREEMENT
This Antenna Site License Agreement ("Agreement") is entered into as of this 4 ' day of May, 2001, by
and between Diamond Bar Hotel Fund Limited Partnership ("Licensor") and Sky Tel Corp., a Delaware corporation
L icens cc").
1.Lieet4 S4 LS Subject to the terms and provisions of this Agreement, Licensor grants unto Licensee a
nonexclusive right to use the premises (the 'Licensed Premises") of approximately 75 square feet of rooftop space, as
described in Exhibit "A" annexed hereto for the construction, installation, maintenance, repair, operation and removal of
Licensee's communication equipment (the "Equipment") for Licensee's operations on the frequencies cited on the
Exhibit 713" attached and for no other purposes whatsoever as more particularly described in Section 5.1 hereinbelow.
2. Term. This Agreement shall commence on the first day of May 2001, (the "Commencement Date") and
continue for a period of five (5) years (the "Initial Term").
3. Term Extension. Licensor and Licensee agree to commence negotiations regarding the rent and term for
renewal of this Agreement prior to six (6) months before the expiration of the five (5) year term hereof. Other terms and
conditions of this Agreement will remain in full force and effect during any renewal term.
4- License Fee.
4.1 Licensee shall pay Licensor, or its designated Payee, on the Commencement Date and on the first day of
each calendar month thereafter during the Term of this Agreement a license fee in the amount of Thirteen Hundred Fifcv
Dollars iS1,350.001, plus any applicable state, municipal or county taxes identified by the Licensor and solely related to the
aforementioned license fees. upon written notice by Licensor of such taxes being due, Licensor shall furnish evidence
reasonably sufficient to establish such request.
4.2 Beginning with the second year of the Agreement, and the beginning of each year of the Agreement
thereafter, including renewal periods if any, the monthly rent shall be increased by an amount equal to five percent (59a)
of the preceding year's monthly rent or by an amount equal to the percentage increase in the Consumer Price Index
CPPB. whichever is greater. In no event shall rent ever be reduced Should the Licensee fee payable by Licensee
increase pursuant to this Section 4.2 at any time during the Term hereof, such increased fee shall remain the license fee
payable by Licensee hereunder throughout the remainder of the Term; subject, however, to subsequent fee increases, if
any, which may occur pursuant to the terms of this Section 4.2.
5. Installglign. Maintenance. Operation and Remoyal of Equipment.
5.1. Whenever used in this Agreement, the "Equipment" means Licensee's communication equipment as
deemed necessary by Licensee from time to time during the Term to carry out the purpose of this Agreement, including
without limitation transmitters, antennas, receivers and auxiliary equipment, and which as of the date hereof is that
equipment listedon the Exhibit annexed hereto.
5.2. Title to the Equipment installed upon the Licensed Premises shall at all times be and remain with the
Licensee. All costs associated with the installation, maintenance, operation and removal of the Equipment shall be paid
by Licensee.
Sky-Lic(2-99).doc
5-4-2001
Supersedes 3/19/93
Errccti.e 2/9/99
I
I`
0 0
5.3 The installation, maintenance, operation and removal of the Equipment shall not damage the Licensed
Premises. During the Term. Licensee shall have the right of ingress and egress to the Licensed Premises where the
Equipment is locate' twenty-four (24) hours a day, seven (7) days a week, without charge, for the
purpose of constructing, installing, maintaining, repairing, and removing the Equipment. Prior notice to
Licensor of access needed shall be provided in advance of such access to the Licensed Premises by
Licensee; provided however, that should an emergency require Licensee to enter upon the Licensed
Premises, such notice shall be provided in advance by Licensee only if reasonably practicable. This same
right of access shall apply in the case of the installation anSor maintenance of emergency equipment
required to ensure the integrity of the temporary Licensee's system.
5.4 Following the removal of any or all of the Equipment from the Licensed Premises, Licensee
shall return the Licerzed Premises to its pre -installation condition, ordinary wear and tear excepted. Upon the
expiration or termination of this Agreement, Licensee shall have the same right of ingress and egress expressed
hereinabove for the purpose of removing the Equipment from the Licensed Premises.
5.5 Prior to installation of any equipment, Licensee shall submit drawings indicating the exact proposed
location, height, size and configuration of its equipment to Licensor for approval, which approval shall not be
unreasonably withheld or delayed; provided, however, at no time may Licensee's installation or use of the Premises
interfere with Licensor's Property or operation of the hotel located thereon.
5.6 Licensee and its agents, employees, contractors and consultants shall not disrupt the operation of the
Property when performing any tests, studies, installation or operation of the Equipment. Licensee shall indemnify and
holdLicensor harmless from and against any and all damages, liabilities, losses and other claims of any nature arising
from, or related to, the acts or omissions of Licensee and/or its employees, agents, contractors or consultants while on
the Property in connection with Licensee's inspections. Licensee shall promptly repair any damage to the Property
causedbv Licensee or any of its employees, agents, contractors or consultants. The indemnification provided hereby
shall survive termination of this Agreement regardless of anything in this Agreement to the contrary, and shall include,
but not be limited to, acts, omission and damage occurring prior to the date of this Agreement, if the Licensee and its
employees. agents, contractors and consultants were given access to the Property prior to the execution of this
Agreement. In addition, Licensee shall comply with all insurance provisions, as set forth in Paragraph 12 hereof, prior
to undertaking any testing or construction.
5.7 Licensee shall not permit any mechanic's, material man's or other liens to be filed against the Property
nor against Licensee's leasehold interest in the Premises. Licensee further covenants and agrees that any lien filed
agaiast the Property for work claimed to have been done for, or materials claimed to have been furnished to Licensee,
will be discharged by Licensee, by bond or otherwise, within fifteen (15) days after the Ellin- thereof, at the cost and
expense of Licensee. Licensor shall have the right at all reasonable times to post and keep posted on the Premises any
notices which it deems necessary for protection from such liens. If any such liens are filedand not released within such
fifteen (15}clay period Licensor may, without waiving its rights and remedies based on such breach by Licensee and
without releasing Licensee from any of its obligations, cause such liens to be released by any means it shall deem
proper, including pavment in satisfaction of the claim giving rise to such liens. Licensee shall pay the Licensor at
once, upon notice to Licensee, any sum paid by Licensor to remove such liens, together with interest at the legal rate
from the date of such payment by Licensor.
5.8 Licensee shall at all times comply with all laws and ordinances and all rules and regulations of municipal,
state, and federal governmental authorities relating to the installation, maintenance, height, lighting, location, use,
operation, and removal of its equipment, antenna systems, and other alterations or improvements authorized herein ,
specifically including all applicable building, safety and fire hazard codes and all marking and lighting regulations
promulgatedby the Federal Aviation Administration ("FAA") or the Federal Communications Commission ("FCC'I,
and shall fully indemnify Licensor against any loss, cost or expense including attorney fees which may be sustained or
incurred by Licensor as a result of Licensee's installation, operation or removal of said equipment or antenna system.
Except for negligent Or willful acts of Licensor or its agents or employees. Licensor shall not be liable to Licensee for
anv loss or dam ages arising our of personal injuries or property damage.
Slay- Lfc(2-99 ).doc
5-4-2001
supersedcs 8/19/98
Effective 19/99
2
fe
0 0
5.9 Licensee may not install or cause to be installed any equipment which requires or causes any
penetration to the roof membrane on the hotel building, Furthermore, should Licensee or any of its employees,
contractors, subcontractors, agents or invitees cause any such penetration of the roof membrane, Licensee shall be
responsible for all repairs to the roof membrane as well as for all interior repairs or remodeling caused by such roof
membrane damage and all consequential damage, including loss of room rents.
5.10 The installation, maintenance and operation of Licensee's equipment will in no way damage Licensor's
Property, or Licensor's other buildings or structures located on the Property, nor interfere with or disturb Licensor's
operations and maintenance of the Property and the office buildings located thereon or Licensor's guests, employees, or
other space lease Licensees. If either Licensee or its equipment creates or causes any interference or disturbance, as
determined in Licensor's sole discretion, Licensee shall take all necessary steps to eliminate such interference or
disturbance with twenty-four (24) hours of receipt of notice from Licensor, or shall cease its operations until such
interference or disturbance is eliminated If such damage, interference or disturbance is not corrected to Licensor's sole
satisfaction, Licensor may terminate this Agreement upon notice to Licensee.
5.11 if requested by Licensor, Licensee shall provide at Licensor's expense a written analysis and report
prepared by a structural engineer licensed in the State of Cal ifomia and approved by Lessor, indicating that the load-
bearing capacity of the roof is sufficient for the proposed combined total load of Licensee's equipment proposed to be
installed under this Agreement, and all personnel and other equipment necessary for such installation.-
5.12
nstallation:
5.12 Licensee shall be responsible for, and shall promptly conduct any investigation and remediation as
required by any applicable environmental laws, all spills or other releases of any Hazardous Substance caused by
Licensee, or any agent, employee, contractor, or representative of Licensee, on the Property.
6. Electricity. Electrical power to be consumed in the operation of Licensee's Equipment shall be supplied
and paid for by Licensee and Licensee shall be responsible for the cost of the installation or modification of any outlets
or receptacles necessary to provide such electrical power to the Equipment. In no event shall Licensor be responsible
for the cost of any re -wiring or other structural modification of the Licensed Premises to deliver electricity to the
Equipment. Licensee shall make any such re -wiring or structural modifications at its own sole cost and expense and
only with Licensor's prior approval.
7. Interference by icensee. The installation, maintenance and operation of Tenant's equipment will in
no way damage the Premises, or its buildings or structures, nor intefere with or disturb Landlord's operations and
maintenance of the Premises, its guests, employees, or other space lease tenants. if either Tenant or its equipment
creates or causes any interference or disturbance, as determined in Landlord's sole discretion, Tenant shall take al
necessary steps to eliminate such interference or disturbance with twenty-four (24) hours of receipt of notice from
Landlord, or shall cease its operations until such interference or disturbance is eliminated If such damage or interference
is not corrected to Landlord's sole satisfaction. Landlord may terminate this Lease upon notice to Lessee.
8. ermination by Licensor. Licensor shall have the right to terminate this Agreemcnt upon the breach
by Licensee of any representation, warranty, covenant, or agreement contained herein, or the failure or refusal by
Licensee to timely perform any duty or obligation of Licensee under this Agreement should Licensee fail to remedy
such nonperformance within thirty (30) business days following written notice from Licensor to Licensee, or as
otherwise specified herein.
9. TgrMjnatign _tjcenjee. So long as Licensee is not in default under any provision of this
Agreement. Licensee shall have the right to terminate this agreement without penalty or further liability or obligation
hereunder upon the occurrence of any of the following events:
S'.)-L,a;_-99).doc Efrecii,e 2/9/99
j.4-No1 3
Supersedes 3119/93
Y•
a) The breach by Licensor of any representation, warranty, covenant, or agreement contained herein, or the
failure or refusal by Licensor to timely perform any duty or obligation of Licensor under this Agreement should
Licensor fail to remedy such nonperformance within thirty (30) days following written notice from Licensee to
Licensor.
b) The refusal by any agency, board, court or other governmental authority to issue, or the suspension or
cancellation of, any permit or license necessary for Licensee to constrict and/or operate at the Licensed Premises, or the
reasonable determination by Licensee that the cost of obtaining such permit or license is prohibitive.
c) The determination by Licensee, in its solediscretion, that (i) basedupon Licensee's installation criteria, the
Equipment cannot be properly installedor the unforeseen cost of installation is prohibitive, or (ii) the operation of the
Equipment at the Premises is no longer suitable for Licensee's purposes in connection with the operation of Licensee's
wireless messaging system.
10. Indemnification. Licensee shall indemnify and hold Licensor, its officers, directors, employees and
agents, harmless from and against any claims, costs, liability or loss from personal injury or property damage,
resulting from or arising out of the installation or use of the Equipment which may arise against Licensor excepting
claims or dam age as may be due to, or caused by, the acts of Licensor. Licensor shall indemnify and hold Licensee, its
officers, directors, employees and agents, harmless from and against any claims, costs, liability or loss from personal
injury or property damage, or from violations of or non-compliance with applicableand relevant rules or regulations of
governmental authorities, resulting from or arising out of the acts, errors, omissions Or negligence of Licensor, or the
condition of the Licensed Premises or occupancy of same by Licensor or third parties, which may arisc against Licensee
excepting claims or damage as may be due to, or causedby, the acts of Licensee. However, Licensor's maximum total
liability, if any, to Licensee under this or any other provision of this Agreement shall be limited to and shall not exceed
the amount of rent actually paidto Licensee to Licensor. The obligations of Licensor and Licensee under this Section
10 shall survive the expiration or earlier termination of this Agreement.
I1. Insurance. Licensee shall procure and maintain throughout the duration of this Agreement, a public
liability policy with the limits of at least $1,000,000 for bodily injury, S5,000,000 for property damage and
55,000,000 aggregate, covering Licensee's use and occupancy of the Siteand operation of the Licensee Facilities, with
a certificate of insurance to be furnished to Licensor prior to any testing or occupancy, and within thirty (30) days of
any written request. Such policy of insurance shall provide that cancellation will not occur without at least thirty (30)
day's prior written notice to Licensor. Furthermore, such policy shall: (i) name Licensor and any other party reasonably
designated by Licensor as additional insureds, (ii) contain a cross liability endorsement, (iii) shall be primary, and any
insurance carried by Licensor shall be noncontributing. Licensee shall also maintain standard form property insurance
All Risk" coverage) equal to the full replacement cost covering all of Licensee's improvements, alterations, equipment
and other personal property of Licensee on or about the Site or the Property. Licensor from time -to -time during the
term shall have the right to cause Licensee to increase the above coverage's to commercially —reasonable levels. All
insurance required to be carried by Licensee may be carried under a Blanket policy covering the Site and other locations
of Licensee, provided that the coverage afforded Licensor by reason of the use of such blanket policy shall not be
reduced or diminished from the requirements for such insurance set forth in this paragraph.
12. $gg.l,tjatoa Compliance_ Licensee shall be solely responsible for effecting compliance with all
requirements of any and all applicable federal, state or municipal rules and regulations and for obtaining any third party
consent, permit, variance or the like as may be required by any federal, state or municipal authority in order to install
and operate the Equipment.
Skyd.,c(2-99,.doc
5-4-2001
Supersedes 3AMS
Wccti c 2/9/99
4
0 0
13. ,Assignment / Trangfer by_ -Licensee,
13.1 Licensee shall not in any way assign this Agreement, sublet or license all or any portion of the Premises
or otherwise transfer (each such individually constituting a `Transfer') without the prior written consent of Licensor,
which consent Licensor shall not unreasonably withhold. For purposes of this Sectionl3, the term 'Transfer' shall be
deemed to include the a_ssi2nment, transfer, ledge, mortgage, hypothecation of this Agreement or any interest hereunder,
or the sublet including licensing or the levying of use fees by Licensee on other users of the Premises or
Communication Facility the Premises or any part thereof, or allow any other person or entity to occupy or use all or
any part of the Premises or the Communication Facility. In the event Licensor consents to any Transfer, such consent
shall not constitute a waiver of any of the restrictions of this Section 13 and the same shall apply to each successive
proposed Transfer related to this .Agreement.. Licensee shall promptly provide Licensor with all reasonably requested
information regarding the Transfer, including background and financial information on the proposed transferee. In no
event shall Licensor's consent to a Transfer affect the continuing primary liability of Licensee under this Agreement.
Any Transfer in violation of the terms of this Section 13, whether voluntary or involuntary, by operation of law, under
legal process or proceedings, shall at Licensor's option (in Licensor's sole and absolute discretion) be voidable and, at
the option of Licensor (in Licensor's sole and absolute discretion), shall be deemed to constitute an incurable default
under this Agreement. In the event that Licensor shall consent to Transfer, such Transfer shall not be effective until the
transferee shall execute, acknowledge and deliver to Licensor an agreement, in form ad substance satisfactory to
Licensor, whereby the transferee shall assume all of the obligations of this Agreement on the part of Licensee to be
performed or observed and whereby the transferee shall agree that the provisions contained in this Agreement shall,
notwithstanding such Transfer, continue to be binding upon such transferee with respect to all future proposed
Transfers. Such Transfer agreement shall be duly executed, and a fully executed copy thereof shall be delivered to
Licensor.
3.2 Bonus Consideration. Licensor shall be entitled to ten percent (10%) of the bonus rent and/or bonus
consideration under any Transfer, to the extent that such rent or other consideration is attributable to the value of the
leasehold estate created by this Agrcement. Licensor shall be entitled to review Licensee's books and records relating to
the economic value of the Transfer as it may rel ate to the value of the leasehold estate, provided that Licensor agrees in
v.ritin.- to keep information in such books and records confidential. such agreement to be in the form of commercially
rcasonab lc con ftden tiali ty agreemen t.
13.3 Licensor's Costs. If Licensee requests Licensor's consent to a Transfer. Licensee shall pay to
Licensor a fee of One Thousand Dollars (51,000.00) plus all of Licensor's out-of-pocket expenses, including, but not
limited to, actual attorneys' fees reasonably related to such transfer. whether or not transfer is approved.
13.4 Permitted Transfe
Licensee shall have the right, without
rs. Notwithstanding the provisions
Licensor's consent and without
and/or sublet the Premises to any corporation or entity that is: (1)
subsidiary of License, and/or (iii) the surviving entity in the event
provided, however, that: (a) Licensee shall promptly notify Licens
transaction shall relieve Licensee of its primary liability under this Agreement.
of
payment to
Licensee's
of any m
or of any
Section 13.1 through Section 13.3,
Licensor, to assign this Agreement
parent entity, (ii) a wholly-owned
erger or consolidation o f Licensee;
such transaction, and (b) no such
13.5 Transfer by Licensor. Licensor shall have the right to freely assign, encumber, sell, lease or
otherwise transfer (collectively, "transfers the Property and Liccnsor's rights under this Agreement. Upon any
conveyance of the Premises and assignment by Licensor of this Agreement, Licensor shall be and is hereby entirely
released from all liability under any and all of its covenants and obligations contained in or derived from this Agreement
accruing after the date of such transfer, and Licensee agrees to attorn to any transferee individual or entity purchasing or
otherwise acquiring Licensor's interest in the Premises.
13.6 No Recording. Neither this Agreement nor any memorandum thereof may be recorded by Licensee
without specific prior written approval and execution thereof by Licensor.
sky-LFeQ-991 doe Effective 2:9,99
i -J -?001 5
Sup<rsodcs 3119/99 1
13.7 Subordination. At Licensor's option, this Agreement and any assignment, mortgage, or other
encumbrance of Licensee's rights hereunder shall be subordinate to any mortgage, or any modification, extension, or
renewal of any such mortgage now existing or entered into by Licensor from time to time, as may encumber all or part
of Licensor's property, including the Site. This subordination shall be automatic and self-operating without further
notice to or consent from Licensee or any of Licensee's assignees, mortgages, or encumbrances.
14. Qui et Enjoyment. Licensor covenants and agrees with Licensee that upon Licensee's paying the
License fee and observing and performing all the terms, covenants and conditions of Licensee's part, Licensor shall
provide Licensee with quiet use and enjoyment of the Licensed Premises, subject to the terms and conditions of this
Agreement.
15 CQmpliance with RadiQ Frequency Emissiglu Rules or Rep)jaLQW;_fA im . Licensee
will comply, at all times, with any and all laws, rules or regulations regarding non -ionizing Radio Frequency ("RF)
Emissions in effect on the date hereof and as the same may be amended from time to time during the Initial Term or any
Extended Term. The parties agree that, to the extent there is any need for coordination among FCC licensed tenants or
Licenses using the Licensed Premises, Licensor shall be responsible for such coordination. Neither Licensee, nor its
officers, directors, agents or employees, shall be liable, directly or indirectly, for non -ionizing RF Emissions caused by
other tenants or Licensee using the Licensed Premises, or any claims, damages or costs arising therefrom.
16. ReQ_resen tati o ns and Warranti es.
16.1 Rv Lice ss2r. Licensor hereby represents and warrants that:
Licensor is fully empowered to execute, deliver and perform the various obligations under this
Agreement; the individual signing this Agreement on behalf of Licensor is fully empowered to so act on behalf of
Licensor; and this Agreement has been duly authorized, executed and delivered by Licensor and constitutes the binding
obligation of Licensor enforceable in accordance with its terms.
16.2 Rv Lig&nsee. Licensee hereby represents and warrants that:
a) Licensee is fully empowered to execute, deliver and perform the various obligations under this
Agreement; the individual signing this Agreement on behalf of Licensee is fully empowered to so act on behalf of
Licensee; and this Agreement has been duly authorized executed and delivered by Licensee and constitutes the binding
obligation of Licensee enforceable in accordance with the tams herein.
b) Licensee wil I obtain all necessary and proper third party consent, permit, license, variance or the
like as may be required by any federal, state or municipal governmental authority in order for Licensee to use the
Licensed Premises as contemplated herein.
17 Itis cellancous .
17.1 This Agreement shall be governed by and construed in accordance with the laws of the State of
Cal ifomia, without regard to the principles of conflict of law.
17.2 If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision
will be enforced to the maximum extent permissi ble so as to effect the intent of the parties, and the validity, legality
and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Subject to the
terms of the preceding sentence, in the event that any provision shall be deemed inconsistent with or in violation of any
applicable rut eor regulation of the FCC, then in such event said provision shall be deemed null and voidand the parties
shall use their best efforts to modify the offending provision to conform to such rule or regulation.
17.3 do d -lay or failure by either party to enforce any right under this Agreement will be deemed a waiver
of that or any other right.
Siy-Lic(2-99).doc
i-4-2001
Supersedes 9119/98
Efreclke 2.9:99
6
0 •
17.4 This Agreement may be executed in one (1) or more counterparts, each of which will be deemed an
original, but which collectively will constitute one and the same instrument.
17.5 The headings and captions used in this Agreement are used for convenience only and are not to be
considered in construing or interpreting this Agreement.
17.6 This Agreement, including all exhibits and documents directly referenced, constitutes the entire
agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter.
17.7 No amendment to or modification of this Agreement will be binding unless in writing and signed by
a duly authorized representative of both parties.
17.8 Any notice or other communication herein required or permitted to be given shall be in writing and
may be personally served, telecopied or sent by a recognized overnight courier or United States mail, and shall be
deemed to have been received when (a) delivered in person or received by telecopy, or (b) one (1) business day after
delivery to the office of such overnight courier service, or (c) three (3) business days after depositing the notice in the
United States mail with postage prepaid and properly addressed to the other party, at the respective addresses set forth
under the parties' signatures below, or to such other address or addresses as either party may from time to time designate
as to itself by like notice.
18- Payment. The license fee shall be paid to the Payee as indicated below:
Payee's exact name: Diamond Bar hotel Fund Limited Partnership
Address: c/o Southern Hospitality, Inc.
3140 W. Britton Road, Suite A
Oklahoma City, OK 73120
Payee's Federal Taxpayer ID# or, if none, SS# 73-1525059
In Witness Whereof, Licensor and Licensee have executed this Agreement on the dates noted below.
LICENSOR:
DIAMOND BAR HOTEL FUND
LIMITED PARTNERSHIP,
an Oklahoma limited partnership,
doing business in California as
Oklahoma Diamond Bar Hotel Fund Limited Partnership
By: Diamond Bar Hotel C4
an Oklahoma corpor
doing business.ih li
Oklahoma Dia d B
By:
Robert E. S
President
Sky-Lic(2-99).doc
5-4-2001
ration,
its General Partner,
is as
otel Corporation
Supersedes 8/19/98
LICENSEE:
SkyTel Corp.
By: xlll-
Bruce Deer
Vice President, Chief Technical Of;%ter
Date: 51 141c) t
Street Address:
515 Amite Street
Attention: Site Leasing Administration
Jackson, MS 39201
Phone: 601-944-1300
Fax: 601-944-3209
Effecti,e 1/9.!99
7
M
Street Address:
C/o Southern Hospitality, Inc.
3140 W. Britton Road, Suite A
Oklahoma City, OK 73120
Phone: 405-749-0115
Fax: 405-749-0474
SkY-Lic(2.99).doc
5-4-2001
0 •
5upenedes 8I M&
Effcclivc 19/99
8
APR -18-02 10:17AM FROM -DEV • 9492654392 0 T-068 P.001/006 F-175
C O R P O R A T 1 o N
167 Technology Drive
Irvine, California 92618
TO: Ann Lungo, Planner, City of Diamond Bar
FAX: 909/861-3117
FROM: Boudewijn P. Ha wrath
DATE: 04-18-02
SUBJECT: EMF documeutation, PL00001130/Skytel
ANN:
Attached are five pages from Skytel pertaining to the emissions compliance that you
requested. l trust that this will address the final pending issue on the list of outstanding
items you needed to complete your package prior to the May 1.4, 2002 Plaxaning
Commission Hearing,
BPH
949/212-8364 cell
949/265-4239 off
949/265-4392 fax
Boudewijn F. Hama&
Off_ 949/265-4239
Fax: 949/265-4392
Cel: 949/212-8364
6z
APR -18-02 10 0 TAM FROM -DEV
0447 '02 Q9:3bj llj: JAy 141 I C
9492654392 T-068 P.002/006 F-175
SKYTEL
Fax Cover Sheet
DATE: April 17, 2002 TIME: 9:27 AM
TO: Boudewijn P. Hanrath PHONE: (949) 265-4239
Mericom Corporation FAX: (949) 265-4392
FROM: Dana Stringer PHONE: (601) 944-7054
PAX: (601) 944-3209
RE: PRELIMINARY MPE CERTIFICATION FOR HOLIDAY INN
DIAMONDBAR
Number of pages including cover sheet: 6
Mossage
Per your request, following is the copy of the MPE certification inlbrmation Wised on the
installation criteria Rupplied by rifer Elkaymun on the site drawing,
The calculations indicate that the installation would be well within the limits for both the
occupationul and general public standards as sot lbrth in OIi'1' G5.
If you have any questions, please don't hetiitute to contact me.
APR -18-02 10:17AM FROM -DEV
W17 Vet .sa to-Ot:t *1 Ir -
14
9492654392 T-068 P.003/008 F-175
Holiday Inn . Diamond Bar
1515 - 2175 Gateway Center Drina
Diamond Bar CA
MSA 2
Grid 6079
NORTH
46' _.
REK4 I"a
w mil.
TWMInh Odea
A.ml acIXr0,o
waited CW*dA
oeeo W abma rqw
loris ......_- a:_....... •
a
R
A
Ix
81+Ite dish
on nen
pamm ft
WKWO
Gapim
Public Areal (parfdn0
lot) 0' horizontally
from TX WMpna, 77
vertloally
a
Mein OMu
11018CAF 000
eMhmvroof
WdMd IIWMW off NOTES:
eweee rto WMAY any. TX antenna m Antal BCDO7010 (134" long )
Mounted 8' above the rust. Antenna bm = 88'
AGL antenna tip . 7T AOL
nm horizontal distance from the antenna to the
clo3val pubic area (pafWaq Int) Is (r.
Controlled root access - loosed door 62' away from
TX antenna.
Occupational Aron - 0' away from TX anoenna
Signs - Gaudcn an door Warning on east a west
walls
TX atttsnn4 Is mounted W away from RX antenna
TX cable - LOFS-50 W long attached to s- IETSS2-
50T Jumper on one and. and B' LDF4-50 dumper an
the other.
Band pasts cavity Blndatr FP49M 8W IMP
LDF4-50loss = ,0229dbM 0374 db total )
ETS2-50 T loss o .04240M (,2644 db total )
LDF 5-50 loss m,0128 dblft (AB09 db lulal )
Transmitter o Motorola T65M set for 500 watts
0
p T &5 19 q-7 rCC
i
l h
APR -18-02 10:18AM FROM -DEV
V4/,Lf VG VU -OU ilJ•W,1 A IL
We Data Sheat
9492654391 T-068 P-005/006 F-175
34T@I Transmitter MPF. Uata unset EvalaallonDate:
Site Name: Notkkty Inn Diamondber (P(ellminery) Transmitter Fraquancy 840.2250 MHz
Address Transmitter "I Way 0 2 Way K
Clly State Zip County:
Station IR 50398 MSA 0 2 Grid_ $078
Other MTEL/SkyTol devices at this site: Di TX Slogan 10: F1 TX Station ID:
F2 TX Station ID: F1 Unk TX Station ID; F1 Link TX Stadol iD:
Contact tho following lWaphono ember should you need to power adjustments: 1 Way 900-759-SM4 or 2 way 1300 417.9378
Ste MPE CDordinalae: Tolephone 0 Pager
Tel Comet: Name: Telephone 0 Pager
Seceon
TranornNtEr output pow 500 Watts
Antenna input power 2$l.8 Watts
Antenna gain 10 Decibels or Numeric gain of 10.00
Antennae Length Is tit Inches or Length in cm 289.13 cm
Argonne rediakg patlem 390 Degrees
FRP 4257 Watts ERP
7 his stntion will onnt4bute 100% of fho M7 65 standards at Ow fallowing radlua tram 0113 antenna
1(M% of the Controlled accaas (Occupallonai) 8iwWgrd of 1.4o feel from the base of Lite ardenrM.
100% of the Uncontroftd nraas (general putWC) lim[t at 7d7 feet fhom the bathe of the antenna.
The end of the OET tis dented site is [coated w 29.87 teat from rhe baso of the antenna.
of data by elevating the antenna
Trio antenna two bast elevmd feet above the area Whom people walk
This nmft In the fcfawing changae in the avaragepowdr densly fanits beneath the antenna
1W% of the Controlled accou (Occupational) S(andard a1 feet from the Daae of the antenna.
100% of the Uncontrolled access (general public) Beat W fast Gum the base of the antenna.
r n sketch of The @VA nleekq locaionsk
w is the HTEC TrenstoWar dNhMtl ant, OcCupetJruse/eke rdwu amAuuf GNl rilputrNc efurderd
fbe e aeMd sverepe parer dlMuldae from eleva ft the manna. man eferat a4 usa aro erves deftest t eacflon 7.
df Oe OWWMffDWr ertd PaWk anal. Nene Fal rr of toy urs we of+ermpl.
MPE Calc Varaion 2.01
Page 2 of 3
APR -18-02 10:18AM FROM -DEV
v4/i ( -UG uy-3D !L•anlIL 1IL
9492654392
jo
T-068 P.006/006 F-175
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APR -24-02 02:07PM FROWDEV +9492654392 . T-109 P.001/005 F-268
MERiCOK
C m w P O R A T 1 0 N
FACSIMILE TRANSMITTAL SHBET
TO: x I FROM:
COMPANY: DATE:
G
PAX 1 iiJMB1lrR ) TOTAL. NO. PAGES INCL COVER
3S
PHONE NUMBER SENDER'S PHONE NUMBER
9091 39(p- 505
RE. 1 SENDER'S FAX NUMBER.
L. CA
URGENT FOR REVIEW PLEASE CO1v>MENT PLEASE REPLY PLEASE RECYCLE
NOTES/COMMENTS:
2
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MERlCOM'-
c o a r e w s r 1 o N
Boudewiju P. Hanruth
Manager
Merlcom Corporation Phone: 949.263.4239
167 Technology Drive Fax: 949.265.4392
Leine, CA 92613 Cell: 91P.212.8364
httpJ/www.mericom.com bmdmWQ%3h®mCttmL=n
167 TECHNOLOGY DRIVE, RVME, CALIFORNIA 92618 PHONE: 949/26542M FAX: 949/265-4201
APR -24-02 02:07PM FROM -DEV • +9492654392 • T-109 P.002/005 F-268
s TYPE 120
1.2m Receive -Only Offset Antenna System
1: FEATURES
M One-piece thermoset -molded offset
reflector.
Single bolt fine elevation adjustment.
Galvanized .75 in. 0. D. feed support
legs.
DESCRIPTION
Factory pre -assembled mount.
Cadmium -plated hardware for
maximum corrosion resistance.
IN Available with a wide variety
of C -Band or Ku -Band feeds.
The Channel Master` Type 120 Offset Antenna is a rugged commercial grade product
suitable for the most demanding applications. The reflector is thermoset -molded for strength
and surface accuracy. Molded into the rear of the reflector is a network of support ribs
which not only strengthens the antenna,but also helps to sustain its critical parabolic shape.
The Az/EI mount is constructed from heavy -gauge steel to provide a rigid support to the
reflector. The Az/EI mount secures the antenna to any 2.88-3.00 in_ O.D. mast and prevents
slippage in high winds. A specially formulated powder paint process offers excellent
protection from weather-related corrosion.
APR -24-02 02:07PM FROM -DEV . +9492654392 • T-109 P.003/005 F-268
SPECIFICATIONS TYPE 120
1.2m Receive -Only Offset Antenna system
RF PERFORMANCE
Effective Aperture
Operating Frequency
Polarization
Gain 0 3.95/11.95 GHz
3 dB Beamwidth
Antenna Noise Temperature
C 30' Elevation
VSWR
Cross -Polarization Discrimination
Feed Interface
Xti
C -Band
1.2m (48 in.)
3.4 - 4.8 GHz
Linear (Circular optional)
32.0 dBi (Typical)
4.4-
32"K
1.4:1 Max.
X30 dB On Axis (Linear)
CPR -229
MECHANICAL PERFORMANCE
Reflector Material
Antenna Optics
Mount Type
Elevation Adjustment Range
Azimuth Adjustment Range
Mast Pipe Interface
Wind Loading Operational
Survival
Temperature
Humidity
Atmosphere
Solar Radiation
Shock and Vibration
Ku -Band
1.2m (48 in.)
10.95 - 12.75 GHz
Linear (Circular optional)
42.0 dBi (Typical)
1.6'
24'K
1.3:1 Max.
30 dB On Axis (Linear)
WR -75
Glass Fiber Reinforced Polyester
One -Piece Offset Feed Prime Focus
Elevation over Azimuth
10'-70' Continuous Fine Adjustment
360' Continuous
2.88-3.00 in. (73-76 mm) Diameter
50 mi/h (80 km/h)
125 mi/h (200 km/h)
50'C to 80'C
0 to 100°x6 (Condensing)
Salt, Pollutants and Contaminants as
Encountered in Coastal and
Industrial Areas
360 BTU/h/ft?
As Encountered During Shipping and
Handling
US Sales Office
Smithfield,14orth Carolina USA
Phone: (919) 989-2205
Fax -(919) 989-2200
e-mail: cmvsatsalas@cmnc.com
Germany Sales Office
Ptorznelm,Germany
Tel. +49 (0) 7231-14557-0
Fax +49 (0) 7231-14557.10
e-mail:
cmlLocha nnel-master-int.com
Web. http://www.channelmaster.Com
02001 Channel Master LLC Printed In V.S. LMI (17182) Rev.0
APR -24-02 02:O7PM FROM -DEV
v. +
9492054392 •
Cr. k W,y Corp . G.att-f'
Trimble
BuUet7 and BulletI17
GPS Azipeyt w for Marini and TimingApPheahm
AWd GFSanwM"fW&=fi l
marim and fimiwg mv"
A hiO, tido, the bridge went
was 25 Gxg above theme On
the vm4 the Tsitnble GPS anew=
was moamted 26 feet above the wamr-
iine. Both the bti* and 96 THMbk
anrettea mtevived the aoWia n but the
pole mount did not fue so wdL
Akho4 tore peppy above is an
esampk of pool it ab»
ilbtsMOM the togged design of Trimble
GPS an===.17he matins tavironmeat
is amacmhod by high shodt, spam
vdxttion. em+eme omvamuue.
aontin Ma apostue m sob: -aper; and
rdemku r- In and syn-
tbrOMMM applioauorts. GPS xmnnn
ate of ca imlled in hasdbe RF mvuon-
meaft This awaaadaaofaaodmom
Pt sns the mushear amp
for a GPS aaeeana.
For over t0 yens. Trimble has been
pm&zmg GPS aowom ratosvnad for
d,w sa vivsbMW in hash ea itoonsents.
The Bdkt offm %bye mggal. wantproof
lodge and excad nal p'
typiad of Trimble annsmsbat in a
W+4 OOIDPa Packi9e
The Bdkr is an amve antema wilt
T-109 P.004/005 F-208
a 35 dB p - sep ted dull bod-p an
fihm The k%hV a pttaaap sum the
Ballet m be used with up w 75 6oct of
RG -59 QA& The bmijata ffim
The n.n" 7 6omssdt 35 dB of glia and a
sin& baw4w Sha:
The Balks and BWkdl acme a
pole mount. With dtt =amna able
ootuad thro o the moaar. the a xmm.
tion is p uwcw from the environment
for added Mhbility.
In uEgfinsi.iag I as
aarenm Muse awU be dhawom Doer
tick ir. Stipa a psoras, stn: seA M
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APR -24-02 02:08PM FROM -DEV +9492654392• T-109 P-005/005 F-268
Buller and .,dedr
GPS Antenriasfi r Marian acrd 7-tmi?9APPlicrt6M
eumft The Bolles GM anmans is dcwcad spxifC* Cos
marine and =nomty amiS appficwdow and o mPleme°n
the Wcam fine of GPS mo&k& L=Pofadng s Pry
qxlq seal. the Bnikt is oomplmdy wssrepmof acrd Amsted
to wa&.=d the harsh maraw awi:omai = The hmded
sairdat-sad inns in the base of the am== soaepn a smn-
daed 1=14 poll: moon The aonm®oris bared imikk tbo
daeaded iosen allawvirhg the --t—wo cbk to be waxod
the Pok mmmr, whidh protects the MWe connedon
from the rm unptmmt far added tdiabifiry. With a 35 dB
pre -amp mad cher[ band -p w Ems, the Bullet suppers= 79'
2Z m) able rims and offin ootstaodi=g immunity
to p mming,sources. such as radar. Inmam and
radio MaSmisiOM
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gnat= is des4wid for marine and stationary dining appy
cions. It is an Mxiw GPS antwaa tA& 35 dB of spin maul a
mv& band -pan A&= Wi& ** A sin& filter. the Billed[
off = las yam immunity than the Ballet. The BuOet3l's mclo-
mm is ala pkstir. iocbh Ung the rh---&A man in dw bast of
the am= used for pole moaning.11w plsetk end a= is a
tmmmd off-wh;w color and is both v ewherpmaf ued vraw.
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typical marine anxena spount) 9t a sl." pipt: tuccad forsta-
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the F -type a>uenaa e=nactor it loaned imide the thmded
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IlirderingInformation
23339-00 Bullet antenna (order able scparw*)
25045-00 BulieM aatenm (alder cable separately)
73420 50 (15 m) cable (RC -59 with !~type am=er=ce)
30135.00 Usds Gude
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swnw bMF -55'C to .I00°C
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Ewia mr BhhGkmy whim plastic wA snhales:`
seed thrt ailed insert
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TO:
FROM:
DATE:
TRANSMITTAL MEMO
ANN LUNGU
CITY OF DIAMOND BAR PLANNING DEPT.
JOHN TANDY, MERICOM CORP.
FOR SKYTEL
APRIL 4, 2002
SUBJECT: TRANSMITTAL OF INFORMATION FOR
SKYTEL PROJECT
21725 GATEWAY CENTER
Ann—
I am forwarding to you information which you requested regarding the proposed SkyTel
project at the Holiday Inn in Diamond Bar.
Along with the attached information, I need to note that, in answer to one of your
questions, this would be the only SkyTel facility within the Diamond Bar City limits.
As I am moving to another firm, B.P. Hanrath will be coordinating this project. He can
be reached at (949) 212-8364. I will call you tomorrow (Friday) to confirm that you
received this package. I would like at that time to determine when this project would be
on a hearing agenda.
If I don't manage to talk to you tomorrow, Ann, let me thank you now for your good
work and assistance on this and other projects./JTandy
Attachments
Cc: B.P. Hanrath
Exhibit "B"
SKYTEL CORP. D1 & D2
TRANSMITTER SPECIFICATIONS AND OTHER CONSIDERATIONS
Outdoor Installation)
FOR LICENSOR'S INTERNAL USE ONLY
1. Transmitter
Manufacturer: Motorola
Model: T5539A
FCC ID Number: ABZ89FC5778
Frequency of Operation: 940.2250 MHz or 940.775 MHz
RF Power Output: 500 Wafts Average
Authorized ERP: 3500 Watts
Power Requirements: 220 VAC +/- 10%, 60 Hz, 100A.
Power consumption: 3,640 KW/month (estimate)
Heat generation: BTU/Hr (estimate)
Dimensions:
Without the base (on Concrete Pad) 57" high, 106" width, 36" depth
With the base ( no Concreate Pad) 68" high, 106" width, 136" depth
Weight:
Without the base (on Concrete Pad) 1400 Pounds
With the base ( no Concreate Pad) 1600 Pounds
I1. Auxiliary Equipment
Transmitter Antenna: Scala OGB9-900D, or specified equivalent, 10'
monopole, 2" in diameter. Mounted high on tower or rooftop.
Transmitter Coax Cable: 1-1/4" on runs less than 150'
1-5/8" on runs over 150'
Satellite Receive Antenna: Channel Master 1.8 meter (or smaller) and cable.
GPS Receive Antenna: Trimble, 4" x 4" x 1"
External cavity: 16" x 10"
IMPORTANT: The information contained in this document is intended only for the
use of the Licensor and may contains confidential information. Further
dissemination or distribution is prohibited..
R082799
CONFIDENTIAL
Mechanical specifications
Length
BCD -80010, BCD -80610 & 82510
Overall 3445 mm 136 in
Radome 2945 mm 116 in
BCD -87010
Overall 3393 mm 134 in
Radome 2893 mm 114 in
Diameter 065 mm 2.6 in
Weight 12 kg 26.5 lbs
Wind area 0.22 m2 2.43 ft'
Wind load
at 50m/s 351 N 79 lbs
Support pipe
Aluminum alloy diameter 070 mm
2.76 in) length 500 mm (19.7 in).
Antenna consisting of aluminum alloy.
Dipoles covered by a polyurethane
painted fiberglass radome. Inverted
models available.
Electrical specifications
Frequency range
BCD -80010 806-900 MHz
BCD -80610 806-941 MHz
BCD -82510 825-960 MHz
BCD -87010 870-960 MHz
Impedance 5052
3) Connector N,NE,DIN,
E DIN or EIA
II VSWR 1.43:1
Polarization Vertical
II Gain 10 dBd
2) Power rating 500 W
It Half power angle
H -plane 3600
E -plane 7°
I) Lobe tilt 1.250
I) Null fill 5%
Lightning protection Direct.ground
See pages 37 & 38 for lobe tilt and null
fill combinations.
1) Typical values.
2) Power Rating limited by connector only.
3) NE indicates an elongated N Connector.
E DIN indicates an elongated DIN connector
EIA indicates a 7/8' EIA Flange.
lntprovements to mechanical and/or electrical
perionmance of the antenna may be made without notice.
BCD -80010/80610/82510/87010
Radiation -pattern
at mid -band)
Horizontal
Vertical
Radiation patterns for all Antel antennas
are measured with the antenna mount-
ed on a fiberglass pole.
Tabulated Data is available in the following formats: ASCII, Ganes,
LCUMet, Lucent, Motorola: Planet, and %%IZARD.
815.399.0001 outside the U.S.A. • antel@antelinc.com
Antel's unmatched antenna design includes:
A four -channel extruded aluminum frame
running the entire length of the antenna.
Brass feedlines - No high -loss coaxial
cable.
Feedlines connected by threaded holes,
nuts & bolts - No solder joints.
Air as insulation.
A unique radome with interlocking fiber
glass applied both horizontally and
vertically for maximum strength.
Every Antel antenna is under a five-year
limited warranty for repair or replacement.
Standard and Inverted Models
Available.
Antell 0
a"RIATIc• „t. nt
03/22 100 05:56
April 1, 2002
ID:LAN IEl"w'3800
To Whom It May Concern,
FAX: 0
SkYTel.
The emissions from the proposed SkyTel site at 21725 Galeway Center Drive, Diamond Bar, CA
91765, will be within FCC: limits. The site will he constructed to comply with FCC OFT bulletin 65.
Michael Stewart
LU' 1?nl;incer
972-543-0423
1101 Resource Drive A Plano, TX 75074 A 9'/2-543-6300
PAGE 2
GRANDEL
MORRIS
Commercial Brokerage
Property Management
December 18, 2001
Mr. Boudewijn Hanrath
Mericom Corporation
167 Technology Drive
Irvine, CA 92618
Re: Antenna Proposal at- Gateway Corporate Center
Dear Mr. Hanrath:
Pursuant to Greg Tidwell's letter of October 1, 2001 and attached plans, the
Board of Directors approved the installation of two (2) whip antennas concealed
in stealth flagpoles on the Holiday Inn building within Gateway Corporate Center
in Diamond Bar. (One of your messages to us indicated the potential of four (4)
antenna; please note that two were submitted and approved.)
Approval is granted contingent upon receipt of the Association's $500.00
architectural review fee. This fee is typically $1,000.00, however based upon the
scope of the project, we felt that 50% was adequate.
Please submit the architectural fee along with an installation schedule at your
earliest opportunity. Thank you for your attention to this matter. If you have any
questions, please do not hesitate to contact us.
Sincerely,
On Behalf of Gateway Corporate Center
Cheryl H.B rtlo, CPM®, RPA
Attachment
23591 EL TORO ROAD, SUITE 100 LAKE FOREST, CA 92630 TELEPHONE: 949.206.9004 FACSIMILE: 949.206.9005
4
MERIC®M-
C O R P O R A T 1 O N
MEMORANDUM
DELIVERED BY HAND
TO: Cheryl Bartlo
FROM: Boudewijn P. Hanrath
SUBJECT: Review Fees, Skytel Antenna Project: Diamond Bar/Holiday InnDATE: 01-03-02
CC:
Attached please find Check#2531 made out to Gateway Corporate Center in
the amount of $500 for the architectural review fees associated with the
SkyTel antenna project at the Holiday Inn at the Gateway Corporate Center,
Diamond Bar.
If you have any questions, please feel free to call me, or John Tandy at the
number listed below.
1
Boudewijn P. Hanrath
Attachment: Check #2531
C„lt aw11-itJ IS1 0 Z 7
167 Technology Drive, Irvine, Califomia 92618 USA Telephone 949/265-4200 / Fax (949) 265-4392
Ann Lungu
From: Boudewijn Hanrath [Boudewijn. Han rath @ mericom.com]
Sent: Tuesday, December 11, 2001 10:11 AM
To: ann.lungu@ci.diamond-bar.ca.us
Cc: Chris Lee; John Tandy
Subject: PL00001130, SkyTel Holiday Inn antenna proposal
ANN:
Thanks for the call yesterday, I now have a copy of your letter dated
10-04-01 with the feedback on MCUP 2001-11 and am assembling the
information you requested in order to continue the processing of this
application. This will take a few weeks, but I figure the approval of
the Gateway Architectural Committee will be the most lengthy item to
finalize at this stage in the process.
Good Business,
Boudewijn P. Hanrath
Mericom Corporation
167 Technology Drive
Irvine, CA 92618
Tel: 949/265-4239
Fax: 949/265-4392
Cell: 949/212-8364
E-mail: boudewijn.hanrath@mericom.com
11
Ann Lungu
From: Boudewijn Hanrath [Boudewijn.Hanrath@mericom.com]
Sent: Wednesday, December 05, 2001 10:28 AM
To: ann.lungu@ci.diamond-bar.ca.us
Cc: Chris Lee; John Tandy
Subject: Update Request Project# PL00001130, Skytel/Holiday Inn Antenna Application
ANN:
I am writing to introduce myself, as I will be working
and Chris Lee regarding Skytel's application to install
the Holiday Inn, Project# PL00001130. I understand that
to give us some initial feedback on Friday, 12-07-01.
call on Friday so that we can begin work on any initial
you might have regarding this application.
Good Business,
Boudewijn P. Hanrath
Mericom Corporation
167 Technology Drive
Irvine, CA 92618
Tel: 949/265-4239
Fax: 949/265-4392
Cell: 949/212-8364
E-mail: boudewijn.hanrath@mericom.com
with John Tandy
an antenna atop
you will be able
Please expect my
feedback that
Robert S. Huff
Mayor
Carol Herrera
Mayor Pro Tem
Eileen R. Ansari
Council Member
Wen Chang
Council Member
Deborah H. O'Connor
Council Member
Recycled paper
City of Diamond Bar
December 4, 2001
21825 E. Copley Drive • Diamond Bar, CA 91765-4178
909) 860-2489 • Fax (909) 861-3117
www.CityofOiamondBar.com
Diamond Bar Hotel Fund Greg Tidwell
21725 Gateway Center Drive Mericom Corporation
Diamond Bar, CA 91765 4700 Northgate Blvd., #160
Sacramento CA 95834
Re: Minor Conditional Use Permit No. 2001-11 located at
21725 gateway Center Drive, Diamond Bar, CA 91765
Thank you for your submittal of the above referenced
project. The Planning staff has reviewed the submitted
application and plans. The following required information
is needed to continue this project's processing.
Minor Conditional Use Permit. The Minor Conditional Use
Permit process requires that a wireless telecom-
munications antenna must be 19 inches or less in length
and must be integrated with the architectural design
and color of the surrounding buildings or support
structures (i.e., light standards, utility poles,
etc.). It appears that the proposed antennas do not
meet the length criteria, nor does the City consider
the antennas design as integrated with the
architectural design of the hotel structure.
Additionally, the City does not support the use of
flags as a means of concealment.
Notification of Property Owners. The project site is
approximately 3.54 acres. Pursuant to Development Code
Section 22.72.020., Subsection 3.c., proposed project
sites consisting of three or more acres require
notification of property owners within a 700 foot
radius. The submitted property owner notification map
s • •
0
delineates a notification radius of 500 feet. Submit a
revised notification map, revised labels and copy of
the revised labels reflecting the 700 foot radius.
Master Plan. Submit a master Plan showing existing
wireless telecommunications antenna facility sites with
in the City that are owned or operated by the applicant
and any proposed sites in the City that may be required
for future area coverage.
Engineering Documentation. Detailed engineering
calculations for foundation and wind loads, plus
documentation that the electromagnetic field (EMFs)
from the proposed telecommunications antenna facility
will be within the limits approved by the FCC.
Licenses. Evidence of any required licenses and
approvals to provide wireless telecommunications
services to the City.
Photo Simulation. An exhibit ("photo-sim") showing how
the completed facility will appear when viewed by the
public.
GPS Dish. Submit a fully dimensioned scaled detail of
the GPS Dish.
Equipment Cabinet. Submit a fully dimensioned scaled
detail of the equipment cabinet.
Antenna. Submit a fully dimensioned scaled detail of
the antennas.
Gateway Architectural Committee. Obtain the approval
of the Gateway Corporate Center Architectural Committee
for the proposed project.
Existing Antenna. It appears that a flag attachment is
proposed for an existing antenna. Please clarify.
00
Thank you for your cooperation in advance. if you have
any questions, please contact me at (909) 396-5676.
Sincerely,
n J . Lu gu
Associate Planner
cc:
James DeStefano, Deputy City Manager
r I
MERICOM'"
C O R P D R A T 1 O N
September 24, 2001
City of Diamond Bar
Department of Community & Development Services
21660 E. Copley Dr., Suite #190
Diamond Bar, CA 91765
Attn: Linda Smith
Re: Application to collocate telecommunications equipment on Gateway
Center Holiday Inn; Project Narrative
Dear Ms. Smith:
This letter is submitted in support of the attached application for a Minor
Conditional Use Permit. The property owner is the Diamond Bar Hotel Fund, and the
Applicant is Mericom, Inc., as agent of Sky Tel Corporation. The site is located at 21725
Gateway Center Drive, in Diamond Bar (APN 8293 050 003), and the ultimate owner of
the improvement to the rooftop site is Sky Tel Corporation.
This application is to place four flagpoles on the hotel rooftop that will conceal
four omni -directional whip antennae. We feel that flagpole concealment devices are not
only an effective way to completely conceal the wireless antennae, but are also entirely
appropriate considering the recent national fervor to display the United States' flag as a
symbol of national unity and a rejection of the destructive and deadly policies of terrorist
agencies and groups.
Each antenna is 2 19/32" wide, and will be placed inside a flagpole. Each
flagpole will measure approximately 13' tall, and just over 3" wide. The flagpoles are
designed to appear no differently than an average, flagpole, and are no wider than the kind
of flagpole that does not conceal wireless antennae. The antennae themselves will be
invisible to an observer either at the ground level, or in the surrounding buildings, and
thus fully comply with this jurisdiction's requirement that all wireless equipment in the
Gateway Corporate Center be screened. Additionally, we propose to install one Channel
Master GPS dish that is 3' in diameter, one GPS antenna, and an equipment cabinet to
support and power the entire Sky Tel site. All of the proposed equipment will be hidden
behind rooftop structures, and will be painted a color that matches the building itself
The supporting equipment will be as invisible as the concealed antennae.
NORTHWESTERN REGIONAL OFFICE
4700 NORTHGATE BLVD., SUITE 160
SACRAMENTO, CA 95834, U.S.A.
TELEPHONE: (9 16) 920-7900 / FAx: (916) 920-2343
CORPORATE HEADQUARTERS
20472 CRESCENT BAY DR., SUITE 104
LAKE FOREST, CA 92630 U.S.A.
TELEPHONE: (949) 470-7990 / FAX: (949) 470-7989
0
Diamond Bar
Sky Tel Collocation
Page - 2
18
The purpose of this improvement is to facilitate the telecommunications needs of
citizens with respect to consumer and commercial pager systems. This improvement will
improve both the coverage and capacity of Sky Tel's system, thereby making pager
communication more reliable in the covered area.
I have submitted an application for a Minor Conditional Use Permit because a
Zoning Administrator approval application was inappropriate. This project calls for more
than two omni -directional whip antennae; therefore Zoning Administrator approval
would not be sufficient.
Yours
trul1TZ'
eIIX
rero y T
02/22/2001 15:29 FAX 541 750 799
To: CHRIS LEE
Attn:
Fax No:
From:
916-920-2343
Anita Callahan
KEY TITLE CTP X1001/006
KEY TITLE COMPANY
Centralized Title Plant
456 SW Monroe Ave.
Corvallis, OR 97339-0338
Phone: (541)750-7933
Fax: (541) 750-7935
FAX COVER
Date: 2-22-01
Pages: , including this cover sheet
CHRIS ... DEED ON 21725 GATEWAY CENTER DR., DIAMOND BAR
The following information COntdlM restiteted, confidential, and/or personal pr?vM informaton Intended only for the designated redpiwt
tf you are not the designated MVVWt please ensure direct delivery. if you have maA ed this communication in ertor, please notify us
immediately at the number Ieted above.
0222/2001 15:23 PAX 541 750 15• xEYFEB, 22, 2001 4:07PM TITLE CTP
002/008
Mx TR OS cax PROPERTY 92ti P. 2
PROF £OLz. A. Z" county (cam)
0WVkRSHIP a1F0RMATION
Parcpi. Number :8295 050 003
O+vnez•
Diamond
C00wnsr Sar Hotel Fund
Site Addraus :1177$ Catewa
Mail Addrass Y Center Dr Diamond Bar 91765172_)
Owner Phone Gatpway Center Dr Diamond nar Ca 91765
Tenant Phone
SALES um LOAN FOFiMATIbIs
Transrerred :10/17/1997
Document # :1629349 Loan Amount S7,17a,000
Sale Price mender N9lint:Sbt r:k
DQQ-d Type : Grdzit Deed Loan Typr.
Owned:100 intereat Rate Fixed
Vusting Type
ASSSSSKMr AM TAX n;r0M04MjON
Land :,91,153,17.9
SL. uc:Lute :$3,589,401 rxatnpt Type
Other : S9„ :936, R4 t Cxempt Amount
Dotal:
87.079,421 r4x HdLw Area 10469
Impi r,vtoG 77C
00-01 T.:»ce3 591, 100.35
PROPERTY DESCRIPTION
MdF) "67q J3
Cer;_su:.
r.mn i ILv : K1I,(•-
711b / pl _;r :Tr 396'/y
Land Use : l a i () rnm, Hor. e i
rc,a1.50+ kport'g
fi 3909 LOT 0005
prulile-Page 1 9¢ 2
Thr /eron"livn Pruvidc d is Decreed Arliab/r• Dui is ,vol Guarmrned
02/22/2001 15:23 FAX 541 7505 • • — W _-
FEB. 22. 2001 4:07PM ZWY TITLE CTP
METROSCAN PROPERTY PR
NO. P
003/008
L. A. btzjj CIOuuty (CA)
O F Z L E
Parcel Number ;829 050 Q03
Sodrooms
Bathrooms
Diving Room
Dining Room
ve rt
gamilY Room
Firc,akfz;t Room
Utility Room
Cnzry stall
iraplace
Lio
Pnoj
stories
Units :
175
RuLlding Square );eeC
Usable Scquarc Feet
Building class
Building C'Urtditioz, :Good
t3ULI(j11le: Grade uUUd
dui l linea M,1IF,,r ir r
1Uildinl,,
PR0PBP-" CJ1ARhCTrja8TjC8
l:'ouilda tion
T•andOcape
Q134t ity C1aFs
Good
Garage Space
Gatage Type
Lot Acres
Lot Sgt;4-ro Fakt
Lot po tir:on
Air Mathod
11aat Mothod
Roof Material
Roof Shape
H i ] 15'de 8109e Type
Paved Street
Access Problem
r:uneLional kaliug Good
View
view Dcgrac
Year Suilt 1989
k;4featjve Yr Built 138J
Pruii_1e_Pa1c :; of
hj/euukrf,yh Pro++rrlrt! JV /h'dn,ct/licliub/e• B,rl /s.t"v/ Cirnr,r,nlrreJ.
02/22/2001 15:24 FAX 541 750.35FEB, 22, 2001 4:07PU HEY- TITLE CTP
97 162342
RECORDING RQ[EyEBRwY AND
MAIL 10ANDMAa. TAx srAT,9MkWT3 TO) p'wtomd aw Hotel Fiord Limned iann6rshlpC/o Soudlatt iiosy{t.,ity, Irtc,
Oki W Brisson Road• Suitc AOMtalheaaCity, Otnah0tm 73120A'1'IENTION: I 4r. J, Lynn Back, VicriPresident
THIS SPA[l: non.
rl atcoRnE1 w a>:Flt rAL RR 'S aFFlCE ECORIaSLOSAiELEllUNryCALIFORNYk
OCT 17 1997
Nq 7592
GRANT DEED FEE $13 F
THE 11NDWIGNEDCiRANT02 DECLARES:Tilm-
3
710DOCt1AX
M
p0? 4 TmomiTARYTRgNS T T$ NOT FOR PUBLIC ARD_ FOR VALUAt3k„g ySIDERA770N, receipt of which is herebyDIAMOND13AR1<im a. BvyF.T MFNT. LiMl7'ED p xknewkdstd.
00me`13hip ("Grantor')• hertby CRAB ARAB 740T
fP, a California limitedPARTNERSHIP, an Okl ro DW Mp[VD BAR NQTFy FUND I.IMrl uhorna iitrlitrw'
eeship r*G chins business in
GllifUND
as Oklnl
D
D4tfoad Bar Hotel Fund Limited Partrictship ('•G.,e, theCOWY *TLm AngeJes, Swte of ChliJ arn • mal p1pm Iocalcd in the
coached haeta mad made a 'a. add Wore ptelleulaely destei6ed in Getnitit "A'' Ps+t htxeof,
cow. t to all t overtanrs, curidirJores, eastrnent& Qiatr ibrne,Ks and all other hLute of rt d,
Grantor does hereby specifically warrjnl (tlC Uqe 05 ngaihst acLF of GranWilldefetsdtlatatrfeagainstlfleilawfulCI7m11oF;til r, for herein, andGibalorp . mi daiming hy, rhri0u,h or under (he
3 1N wrrNESS W}EREt.7r, rhes UnderciSW hereby executes this insdayof efi d r. , 1997. awtintt as of the
GRANTOR; DIAMOND BAR HOTEL INVEST RNTL..1Xi1TPD PARYT' "SttlP,
a C.alifnia limited Pa,7naship
By; So
T Propclty 4v ma at: Inc., a t lwral rporaeion, ita Gc+Kral
ay:
Rift fou, Prcsidrnt
Y
I I -''-'i' -I- eirr
order. FF Dass 1PI/dr1: 9597.98261342 Psge T of 3 Comment
its
Q 004/008
77
02/22/2001 15:24 FAX 541 750 . KEY TITLE CTP
FEB. 22. 2001 4;07PY Q005/006
90.71592 P. 5
EXliil IT A
Legul Doacription
Al of Lat 3 of7}actNo. 39M, in the City of Diummid Bar, County otLos Angeles,
StUS of Calif n as per map recorded in Book 1063, Pages 14 #avugh 2X
induAve of XAps, in the oiirca of the County Recorder of said County, together with
thtt portion of Lot 4 of send Tract 3%79, described an fallav r
Beginning at the moat Northeasterly Comer of said Lot 4; Tbanee along Lhe
Northerly lot line ofssid Lob 4, South 19 Degree9 21 Minutes 01 Seconds west
120.83 Peat; Thence South s1 Degrees 16 Wmutes 37 Seconds West WS Feet to a
point on said Northmiy Line; Thence South 75 Degrees 39 Minutes 52 Seconds East
315.74 beet to Point on the Southerly Line of said Let 4. said Point 4160 being the =
Begisuiing oft Curve Concaved to Cho North having a FAWVa ar458,00 Feet; Thence
Easterly along said Curve. a Distance or 102.98 reel through a Control Angle of 12
Degrees 52 Minutes 59 Seconds; T mee North 64 Dogrecs 20 Minutes 59 Seconds
East 68.50 Y'eet to LN Easterly line of said Lot 4; Thence Northerly along said
Easterly line back to the point ofbeginning.
97 162M2
Order. FF Descrfpfron; 1997.1629342 Page 2 of Comment.•
02/22/2001 15:24 FAX 541 750 KEY TITLF CTP
FEB. 22. 2001 4! 08PM
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N0, 7592
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Title a[ Document — —
Date of noesurent -
er.i= nof PamOtbota
97 162M42
FAIT II A I t MI
Order. FF Description; 1997.1629342 Pago 3 of 3 Comment.'
Q006/006
P. 6