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HomeMy WebLinkAboutDR 2006-20 (Holiday Inn)r _ Planning Division Application Form Part 1 Community $ Development Services Department - 21825 Copley Drive - Diamond Bar, CA 91765 - (909) 839-7030 - www.CityofE)iamondBar.com GENERAL REQUIREMENTS (Print or Type) Npe of PropO Project: y Case # o G" Ii`/,J (,R,jel L 1'L'eLA0 FPL# Od cO Locati&tf Pro' ct: Deposit /Fee — 5 • G A a ' VQi Receipt # r Legal Description of Project (Assessor's Parcel No.: Date 2 1 -D- 00 By. Applicant's Name: Phone Number. 9 q,9 . 280.2 S3 f if different from above): FDe9et 0 i Ne- CA. Phone Number. q01. 76 0 - (4 55, kd s' L25 C a-4e uJau Gcn-Eer' i' i AN1onA UGtr' Diamond Bar Municipal Code Section 22.44.040 states an application fee must accompany this application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. Type of Review Requested (Please Check All Applicable Boxes) Administrative Review General Plan Amendment O Subdivision Annexation Minor Conditional Use Permit Tree Permit O Comprehensive Sign Program Minor Variance Variance Conditional Use Permit Planned Unit Development O Zone Change XDevelopment Review Plot Plan O Zoning Clearance Development Agreement Preliminary Review Other: Development Code Amendment Specific Plan Amendment Project Description Detailed Description of Proposed Project (Attach Additional Sheets if Necessary) f,WeLrD-- Mot a Wirte)eS5 i AW1N1UlIlli C-ivns -F -fr Owner Certification - I certify that I am presently the legal owner of the above-described property. Further, I acknowledge the filing of this application and certify that all of the above information is true and correct. (If the undersigned is different from the legal property owner, a letter of authorization must accompany the form.) Owner Applicant Date: Signature: DateW2--1 o+- Signa Print Name and Title: Print Name and Title: t _ A CommDev/AppWntfomiAppl/Unitbnn Application—Updated 7/14/2005 v ,Page 1 of 2 ' Planning Division Application Form Part 2 Community & Development Services Department — 21825 Copley Drive — Diamond Bar, CA 91765 — (909) 839-7030 — www,CityofDiamondBar.com GENERAL REQUIREMENTS (Print or Type) Project Location: G Staff Use Only r, Case No. Applicant:. Ltla] St 2 0 - 11 T) (JZi Concurrent Case No. Contact Person: J1 ' Olree, -l-vegerTGore. CoMM Address: Phone Numb r: Fax: q ygp. 2531 _11 Additi nal Contact arson: (Please specify name, com , title) irn ,o l al mp,, A . YVW1 G W . Cor I A. y(-1 E -Mail Add mreel; Mau I. CoM Address: P3 ?D&r 6A. 91-7b,5' Phone Numb Fax: E -Mail Address: 9u r: 13Y - 322.0 -1(q) 333 Legal Properly Owner. Da_. , Cr" L - ZaLmes -i-sw Address: 2 I X 25 E. 46,H LRAA4e r "fir: ra ho nd Uat Pho Numb r:Fax: E -Mail Address: c(7- lvz55" r'IL a nnes a moo •conn Architect: OLn r1nel Gonne i!In ,rov Address: N-8'o Phone Number: IFax: Mail Address: CC149)53 - D `iii -753 $g33 a ,o>n,e1l C9nnet d si ry . Engineer. w Address: Phone Number: I Fax: I E -Mail Address: Landscape Architect: 4 Address: Phone Number: I Fax: I E -Mail Address: CommDev/Appl/UnifomiAppl/Uniform Application- Updated 7/14/2005 Page 2 of 2 PERMIT APPLICATION AND ENTRY AND TESTING AUTHORIZATION At no expense to owner, owner or authorized agent of owner, ("Owner") authorizes Royal Street Communications, a.k.a. Metro PCS ("Applicant"), to apply for and obtain any and all necessary entitlements including, but not limited to, building and zoning permits associated with the application by Applicant to use the Property Location noted below ("Property") as a Telecommunications Site ("Site"). Owner of the Property also authorizes Applicant to review and copy any Planning or Building Department records in regard to the Property. It is understood that any applications may be denied, modified, or approved with conditions and that such conditions or modifications must be complied with prior to issuance of zoning, use, or building permits. Applicant: Royal Street Communications (Metro PCS) 65 Enterprise, Ste 325 Aliso Viejo, CA 92656 Representative: Maree Hoeger Owner: Assessor's Parcel No.: Project Number & Name: Property Location: Oak Creek Limited Partnership 21725 E. Gateway Center Dr. Diamond Bar, CA. 91765 8293-050-003 LA0450A Holiday Gateway 21725 E. Gateway Center Dr. Diamond Bar, CA. 91765 Date:4Owor Authorized Agent Signature 4(C 0WLvr Title Signatures must be notarized) STATE OF CALIFORNIA ) ss. COUNTY OF LOS On A J )r i i ,ADD , before me, kyyl;rja E personally appeared JU or proved to Vna on the basis of satisfactory evidence) to be the persons) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/she/fhey executed the same in his/her/their authorized capacity(4es), and that by his/her/their signature(e) on the instrument the person(s4, or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. 4&,A 2&!" ig ature of Notary Public) STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, ARMIDA 00DINEZ Commission # 1422022 Notary Public - California Los Angeles CountyeMyComm. Expires Jun 3, 2007 personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public) LJ ROYAL STREET COMMUNICATIONS LLC LETTER OF AUTHORIZATION Royal Street Communications, LLC, a Delaware limited liability company ("Royal Street"), which the Federal Communications Commission announced by Public Notice dated February 18, 2005 (DA -05-459) as the winning bidder in FCC Auction No. 58 on 10 MHz of personal communications service (PCS) spectrum in Los Angeles, California, hereby authorizes ,pursuant to that certain Site Acquisition/Zoning Consulting Services Agreement, dated as of laly' e, 2005, Core Communications Group, its agents, employees and contractors to: Negotiate land use agreements with owners of potential telecom sites; Conduct necessary activities such as site design visits, radio frequency tests; and Apply for and obtain all land use approvals and permits, which are appropriate for the installation, construction, and continued operation of a wireless communication facility; In granting this authorization it is understood that Core Communications Group, its agents, and contractors will be licensed and insured for any work they perform. I) L/ Royal Street representative: t - ` -t, Signature Print Name and Title: John R. Lister, Operations Officer Date: / 1- Z t — 0 4549 Pecan Valley Drive, Plano, Texas 75093 Conditional Use Permit Project Description Owner: Oak Creek Limited Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 Applicant: Royal Street LLC c/o MetroPCS Thomas R. Cornish, Project Director 350 Commerce, Suite 200 Irvine, CA 92656 Applicant's Agent: Core Communications Group Maree Hoeger, Project Manager 1028 Saga Street Glendora, CA 91741 Site Address: 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APN: 8293-050-003 PROPOSAL: Royal Street Communications LLC, through agreement with MetroPCS, is requesting approval of a Development Review application to allow the installation, use, and maintenance of a new wireless communications facility at 21725 E. Gateway Center Drive (Holiday Inn). The facility will include six (6) panel antennas, one 2' diameter microwave dish, one (1) GPS antenna, and four (4) radio equipment cabinets installed on the roof of the existing hotel. The panel antennas and microwave dish will be mounted to the face of the north, east, and west facing parapets and enclosed in screening to match the existing building. The antenna screens mounted to the east and west elevations will measure 2'x 3' x 5-6" long and will be textured and painted to match the hotel. The boxes mounted to the north elevation will measure 2' x 6' x 5'-6" long in order to accommodate two (2) antennas in one of the boxes and the microwave dish in the other. The boxed antennas will be symmetrically placed on the face of the building to create an architectural element that will disguise the proposed facility. The equipment cabinets and GPS antenna will be mounted on the western portion of the roof and extend three (3) feet above the parapet line. The equipment will be centrally located between two 2) existing north and south facing five (5) foot tall decorative roof projections so that they will be adequately screened from the freeway and the streets below. The project has been sensitively designed so as not to be readily distinguishable as a wireless communications facility and to create a minimal impact to the building. Objective: This cell site is a "coverage" site. This location is ideally suited to provide the coverage required to launch MetroPCS' commercial service in the City of Diamond Bar. This is the first of four (4) proposed facilities to be built in the City in 2006. Attached is a map and list identifying the general locations of the four sites throughout the City, and specific candidates that have been identified to date. About Royal Street and MetroPCS: As a licensee authorized by the Federal Communications Commission to provide wireless services in this region, Royal Street LLC mustestablish a network of wireless communication facilities in the metropolitan Los Angeles area and beyond. Through an agreement with MetroPCS, Royal Street LLC will be marketed in southern California as MetroPCS. MetroPCS services are commercially available in Miami, Atlanta, San Francisco, Sacramento and recently Tampa, Florida. Efforts are currently underway to develop networks in Dallas, Detroit and Los Angeles. The development model is based on collocation, with the Atlanta market launching with 100% collocation. As to the popularity of the product, within two years of launch in Miami, MetroPCS is the "number two" wireless phone service provider. Similar to the existing wireless service providers, each MetroPCS wireless communication facility, or base station, will consist of transmitting and receiving antennas mounted on a communication tower or other suitable structure and electronic equipment cabinets. It will also consist of radios for receiving and transmitting wireless communications and complex electronic equipment to operate the radios, interface with other wireless communication facilities, provide connections to the landline telephone network, and link the cell site with the main switching center. Transmit and Receive Transmit power is adjusted to provide adequate coverage and typically is within the range of 100- 500 watts ERP (effective radiated power) per sector. The proposed site transmits and receives on the PCS "C" band of frequencies. Mobile units receive at 1905-1910 MHz and transmit at 1985- 1990 MHz. Regulating Agencies MetroPCS is regulated by the Federal Communications Commission (FCC) and is authorized to operate in the frequencies established for Cellular Radio. MetroPCS' telecommunication facilities operate at the lowest possible power levels and are well below established standards used by the FCC for safe human exposure to radio frequency electromagnetic fields. These standards have been tested and proved safe by the American National standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE). The proposed communications facility will operate in full compliance with the U.S. standards for radiofrequency emissions as published by the American National Standards Institute (ANSI). The ANSI was developed by the committee composed of 125 scientists from universities, non-profit laboratories and Federal Health Laboratories (FDA, NIOSH, EPA): 13: are from the industry and consultants to the industry: and 15% are from the military and other federal agencies. In 1992, the ANSI established, as a public safety standard, a maximum exposure level to radiofrequency emissions of 1000 microwatts per centimeter squared (1,000 uW/cm2). Attached is a letter from Metro PCS' radiofrequency manager, Geri Freeman, documenting that the facility will comply with all government emissions standards. LJ CONDITIONAL USE PERMIT BURDEN OF PROOF 1. The design and layout of the proposed development are consistent with the General Plan development standards of the applicable district, design guidelines, and architectural criteria for special areas. The design and layout of the project are consistent with the General Plan, 0-6 Zone, and Section 22.42.130 - Development Standards for Wireless Telecommunications Antenna Facilities. The following demonstrates how the proposed facility meets all of the requirements for Administrative Review listed under Section 22.42.230(G)(2). a. Concealed Antennas. The proposed antennas are architecturally integrated into the north, east, and west facing building elevations so as not to be recognized as an antenna facility. Each antenna will be boxed and finished to match the hotel. As evidenced in the photosimulations, the proposed antennas are placed symmetrically on the parapets to blend in with the existing building design. b. Height and Screening. The proposed antennas do not exceed the height of the existing roofline and are fully screened from view. Each antenna box will be textured and painted to match the building. The equipment cabinets will be centrally located on the western portion of the roof and screened from view by existing architectural elements that extend above the north and south facing parapets. The proposed facility will not exceed the maximum allowable height for development in the O -B zone. c. Minor Addition/ Modification. Not applicable to this application. d. Base Stations. The four (4) proposed equipment cabinets will be centrally located on the western portion of the roof and screened from view by existing parapets. The equipment will extend only a total of three (3) feet above the parapets. As documented on the line -of -sight plan dated May 3, 2006, the rooftop equipment will not be visible from public view behind the five (5) foot tall decorative roof projections. e. Freestanding Antenna Structures. Not applicable to this application. f. Development Standards. The facility will be located, constructed, and maintained in accordance with all applicable development standards set forth in Section 22.42.230 (H) as follows: The proposed facility will be architecturally compatible with the existing building in that each antenna will be tastefully screened and integrated into the north, east, and west building elevations; The facility will be minimally visible from any vantage point because the antennas are screened and finished to match the hotel, and the rooftop equipment will be centrally located on the roof and screened by existing parapets; The base stations are concealed from public view on the roof; All utilities and connection cables will be located on the roof of the hotel and fully screened from view behind the existing parapets; Security is not applicable since access to facility is available only through the inside of the hotel; 0 Landscaping is not applicable; Fencing is not applicable; The antennas and equipment will have a noncorrosive, nonmetallic finish and be painted to match the existing hotel; No lighting is proposed; No additional signage is proposed; Royal Street/Metro PCS and the property owner consent to the future co - location of facilities on the building/properly. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed facility will not, in any way, interfere with the use and enjoyment of neighboring developments, and will not create traffic or pedestrian hazards. The proposed project is a minor addition to the existing hotel. The project involves the installation of six 6) screened antennas and one (1) screened microwave dish mounted on the building parapet and four (4) equipment cabinets mounted on the roof of the building, screened from public view. The facility is unmanned. After an initial construction period of 21-30 days, the only traffic generated will be for routine maintenance visits, typically once or twice a month. There are no activities that will produce airborne emissions, odor, vibration, heat, glare, or noxious and toxic materials. All equipment and materials needed to operate the site are located on the roof of the building and screened from view. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code and General Plan. The design of the proposed rooftop wireless communications facility is compatible with the character of the surrounding neighborhood and will maintain the harmonious and attractive development contemplated by the Development Code and General Plan. The proposed facility will consist of a small addition to the roof and parapet of the hotel. The antennas will be boxed and finished and painted to match the building. The equipment cabinets will be screened from public view by existing building parapets. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. The proposed development will provide a desirable environment through good aesthetic use of materials and color. The antennas are architecturally integrated into the north, east, and west building elevations so as not to be readily recognized as an antenna facility. The equipment cabinets will be screened from view on the roof of the hotel. As shown in the photosimulations, the proposed facility is minimally visible from either the freeway or street and is architecturally compatible with the existing structure. 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. The proposed facility will not be detrimental to the public or materially injurious to the properties in the vicinity. The proposed project is a minor addition to the existing hotel. The project involves the installation of a total of six (6) fully screened antennas and one (1) fully screened microwave dish, and four (4) equipment cabinets on the roof of the building. The equipment will extend only three (3) feet above the parapet and be screened by existing architectural elements that extend above the parapets. The facility is unmanned. After an initial construction period of 21-30 days, the only traffic generated will be for routine maintenance visits, typically once or twice a month. There are no activities that will produce airborne emissions, odor, vibration, heat, glare, or noxious and toxic materials. au Z " n 4; ice— a u r m f At+ } ti L t o M - WA, z jrr ' i IW- ' a u`->=d id -•tai -+.,f - . - ....... {1, o Ll Lo Q is5i- 0 S to f• K „ a d 3 • N a ul CL 1 4 N X13 N W •,f4 WW '4R 1; Q z + ` ` z>r• o W IL j T s6x 0 ul IL a IL f.. rc Ln O{ rtti a N u 4 n U a k a i ] o G iir 9 r t W Ll r fLw3INa 0 V N w K F uW0 _ ..I t` m 1,aF' a N ul R 13N ILw r IL d? 1 i W yY nn Q W° n''' i o1\ m F a - I I Z Z Y rQn W 1 p y < * J V'$ c iM W py N p F ., I 0 0 a. I S E 1\os\, i jd ti. a 1 a. s~ cry o . fid. Qttt f f 13 Qi .e 0 . Z 01 D W Sig w 1 N = m e vo IIoN b o 5s A rpt co Si NC) 0 4o y GIil a r A F . I ` f i ,. 1e t tl t r '". h t b aatt" i ` - , rr i5 5 t t. F r. r •' 4 ry' r i ' i P r , ', ; `yam, ii _, r r ' f 3 i i ( `; l: t 0 i- i I 1 Will 1 ,r- y ',. Icy 1,• , At- y J W D y may ' r r' st:;• n 77 Mt lik- P ,• } CL ro t ROW a n P ,• } ro t i E) STEEL STUD CURTAIN WALL N) 16GA TRACK W/ #12 SCREWS ® EACH STUD FRP 4X4XJ ANGLE ALL AROUND NEW OPENING WITH (2) #12 SCREWS 16" O.C. RF TRANS. PANEL TO MATCH E) BUILDING (BY OTHERS) E) STEEL STUD CURTAIN WALL E) 8" CMU PARAPET WALL N) 1/2" HILTI KWIK BOLT II WALL EALLPLIT FACE CMU W/ 3.5" EMB. ® 12" 0/C STAGGERED (TYP.) (N) 4" RF TRANSPARENT ANGLE TOP AND BOTTOM. N) STEALTH SCREENING W/ FINISH TO MATCH (E) BUILDING. 1/4" STEEL PLATE 1/2" U -BOLT 2/"0 MOUNTING PIPE 0 I N) SPRINT PCS 30" PANEL ANTENNA O N) GPS SCALE: C ANTENNA SCREENING N.T.S. V ail ilser;rate 14'loldl_d Gratila<.; Fibergrate molded gratings are designed to provide the ultimate in reliable performance, even in the most demanding conditions. Fibergrate offers the widest selection in the market with more than ten resins including Chemgrate CP -84 and more than twenty grating configurations available in many panel sizes and surfaces. 1'IGl1'f X"" _loltrudvcr`t' Grating RIGIDEX Moltruded gratings are the first fiberglass gratings to combine the corrosion resistance of molded grating with the longer span capacity of pultruded grating, all at the low cost of metal gratings. Safe-T-Span-1zj Pultrnded Industrial and Pedestrian Gratings z{ Combining corrosion resistance, long -life and low -maintenance designs, Safe -T Span provides unidirectional strength for industrial and pedestrian pultruded grating applications. 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Phone: 800-527-4043 • Fax: 972-250-1530 www.fibergrate.com • Email: info@fibergrate.com PLANNING COMMISSION RESOLUTION NO. 2006-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-07 AND DEVELOPMENT REVIEW NO. 2006-20, FOR THE REQUEST TO INSTALL ROOF AND WALL MOUNTED COMMUNICATION FACILITIES ON THE HOLIDAY INN BUILDING, LOCATED AT 21725 GATEWAY CENTER DRIVE — APN: 8293-050-003. A. RECITALS 1. The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner Oak Creek Limited partnership, requesting approval of plans to install a wireless communication antenna on the roof and building facade of an existing hotel addressed as 21725 Gateway Center Drive. 2. The subject property is zoned Office Business Park (OB) and it contains 3.5 acres of land area. 3. The subject property is legally described as Lot 3, Tract 39679 and the Assessor Parcel Number (APN) is 8293-050-003. 4. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site. and at three other locations within the project vicinity. 5. On July 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and continued the hearing to August 8, 2006, at the request of the applicant. On August 8, 2006, the Planning Commission continued the public hearing to September 26, 2006, at the request of the applicant. The applicant requested the continuances so that they could obtain approval from the Gateway Center Owners Association. 6. On September 26, 2006, the Planning Commission conducted the continued public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 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 wildlife 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 upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and I it complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located roof top and building facade wireless communication antenna is permitted in the Light Industrial zone with the issuance of a conditional use permit. b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted in the OB (Office Business Park) zone and the proposed project is consistent with the goals and objectives of the adopted general plan and the Gateway Center Specific Plan. c) The design, location, size, and operating Characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The roof mounted and building facade wireless communication antennas are to be screened from view in a manner consistent with the existing building architecture. 2 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject 3.54 acre site developed with a hotel is adequate in size to accommodate the additional roof mounted screened equipment and the facade mounted screened antennas. e) 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. The proposed addition of a roof mounted screened wireless communication equipment and the screened facade mounted antennas will improve service to the general public. The facility is to be located on the roof and building facade of a multi -story. hotel. The minor improvement will not be detrimental to the general public or the goals and objectives of the adopted general plan. DEVELOPMENT REVIEW f) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized, areas e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The project site has an existing multi -story hotel. The proposed roof mounted wireless communication equipment and the facade mounted screened antennas are consistent with the zone's development standards and design guidelines. g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The addition of the proposed roof mounted screened communications equipment and the facade mounted screened antennas will not impact the existing or future development of the site or the surrounding neighborhood. h) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by 3 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 0 • Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed roof mounted screened wireless communication equipment and the facade mounted screened antennas are consistent with the architecture of the existing building. The proposed addition will be screened from view from the surrounding neighborhood. i) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design is consistent with other multi -story hotels and office buildings in the neighborhood. The roof mounted equipment and the facade mounted antennas will be screened from view from the surrounding parcels of land. j) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed roof mounted communication equipment and the facade mounted antennas will not negatively impact the public health, safety or general welfare. The added communication facilities will improve the general public's use of communication technology. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division 1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 2) Signs and advertising shall be prohibited on the screened wireless antenna. 3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. 4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 4 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 c) 5) 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. 6) The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless . technical considerations preclude that co -location. 7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall I emove the roof mounted antenna within 90 -days of notification by the City. 8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months Building and Safety Division 1) Fire Department approval may be required. Please contact the Fire Department. 2) Applicant shall provide temporary sanitation facilities while under construction. 3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. 4) Applicant shall provide window and door schedule for Building and Safety plan check. The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". 5 Planning Commission Resolution No. 2006739 CUP 2006-07 & DR 2006-20 L 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 the applicant and the property owner. APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 14 tee Nelson, Vi66 Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of September 2006, by the following vote: AYES: Commissioners: Lee, Wel, Torng, VC/Nelson NOES: Commissioners: none ABSENT: Commissioners: none ABSTAIN: Commissioners: none ATTEST: Nancy Fong, 6 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 V COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No.: Conditional Use Permit No. CUP 2006-07 and Development Review No. 2006-20 SUBJECT: Installation of screened roof mounted wireless communi-cation equipment and four fagade mounted antennas. PROPERTY Oak Creek Limited Partnership OWNER: APPLICANT: Royal Street communications, LLC LOCATION: 21725 Gateway Center Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-20 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-07 and Development Review No. 2006-20, 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 approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-39, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior .to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 8 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2006-07 & Development Review No. 2006-20 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" dated September 26, 2006, including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted and facade mounted equipment shall be screened from public view. 9 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 E SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential,' commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. F. UTILITIES The proposed project shall be served underground by all public utilities. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature.. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a.minimum 28 foot at all times during construction in accordance with Fire Department requirements. 10 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. End of Conditions - 11 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 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 the applicant and the property owner. APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: gt4efiNelson, Vi6& Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of September 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, $hcretary Lee, Wei, Torng, VC/Nelson None None None L:_ ).Ss CITY OF DIA ;:: a'D = `_R I, TOWAYE A. E I'd;, CITI Y CLE -RK OF THIE CITY OF DIAPeI0 111) Lin, E—O r.RFBY CERTIFY UNDER PENALTY OF P?i --my j,•'11: ii ::? TKE LAWS OF THE STATE OF Cril'rL'•ritilA T _i. 'f'`::`. --'m`70 TO BE A FULL., TRUE AND CORRECT f'"'00Y OF THF, ORIGINAL AS sA E APPEARS ON FILE IN MY OFFICE. IN WITNESS INTHEREON, I IiAt'L-' HEREM-ITO SET MY HAND AND AFFIXED THE S OF THE CITY OF MOND B , THIS -? —DAY OFy20 , TOM1% A. CRIBBBINS,' 1 Y C BY v Clea%`. 6 Planning Commission Resolution No. 2006-39 CUP 2006-07 & DR 2006-20 PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 26, 2006 CASE/FILE NUMBER: Development Review No. DR 2006-20 & Conditional Use Permit No. CUP 2006-07 PROJECT LOCATION: 21725 Gateway Center Drive Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to install roof and wall mounted wireless communication facilities on the Holiday Inn. PROPERTY OWNER(S): Oak Creek Limited Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT(S): Royal Street Communications, LLC. Agent: Maree Hoeger, Core Communications Group 1028 Saga St. Glendora, CA 91741 STAFF Conditional Approval RECOMMENDATION: DR 2006-20 & CUP 2006-07 PACE 1 BACKGROUND: A. Project Description: The applicant is requesting approval of a Conditional Use Permit and a Development Review Application to install new wireless communication facilities mounted on the existing hotel, Holiday Inn. The proposed wireless facility will include antennas mounted on the north, east and west sides of the hotel. All new antennas will be screened from view as shown on the submitted plans. The roof -mounted equipment will be surrounded by a seven -foot high screen wall painted to match the existing building. B. Site Description: The site is legally described as Lot 3, Tract 39679 and the Tax Assessor Parcel No. is 8293-050-003. The site is 3.5 acres in size and developed with a sixty-three foot high multi -story hotel, Holiday Inn. The hotel is situated atop a prominent building pad that is elevated above the adjacent public street and the adjoining Pomona Freeway. The hotel contains existing roof mounted wireless communication antenna owned and operated by Cingular and Nextel. The existing antennas are visible above the parapet wall. ANALYSIS: A. Review Authority (Sections 22.42, 22.48) The installation of roof -mounted wireless communication antenna requires the issuance of a Conditional Use Permit. The proposed modification of the existing hotel building to accommodate the new roof -mounted wireless antenna requires approval of a Development Review Application. B. Site and Surrounding General Plan, Zoning and Uses DR 2006-20 & CUP 2006-07 PAGE General Plan Zone Uses Site Professional Office Office Business Park Holiday Inn OB North Commercial Community Gateway Corporate Commercial C2 Center South Professional Office Office Business Park Gateway Corporate OB Center East Professional Office Office Business Park Gateway Corporate OB Center West Professional Office Office Business Park Gateway Corporate OB Center DR 2006-20 & CUP 2006-07 PAGE C. Development Review (22.48) The following comparison (Table 1-1) shows that the proposed project meets the City's development standards for wireless communication antennas located in the Office Professional (OB) zone: Table 1-1 Wireless Communication Antenna Development Standards Development OB Zone — Development Proposed Meets Feature Standard Requirements Concealed antennas Antennas must be screened Adequate screening Yes from view provided Height & Screening 15 -feet above the existing Screen Panels 7'-0" Yes roof Permitted Use Zone Permits wireless Concealed Wireless Yes antennas antenna" Roof Top Elements to be Roof Top and building Architectural architecturally integrated Fagade Proposal is Yes Integration with building architecture consistent with the design of the existingbuilding Screening Required and 15 feet max. Screen provided — both Yes height fa ade and Roof To Base Station Screen Required Base Station located on the Yes screeningRoof Top & Screened Underground utilities Underground utilities Underground Utilities Yes required provided Required to prevent Proposed project is secured Security Features unauthorized entry and from access by the general Yes vandalism public Landscaping Required Site Fully Landscaped Yes Proposed project is secured Fencing Required from access by the general Yes public Finish Must blend with building Proposed color consistent Yes with building color Lighting Lighting shall be limited to No additional lighting Yes mandatory safety lighting ro osed Signage Prohibited Signs and Advertising No signs or advertising Yes prohibited proposed Co -location Property owner & applicant Proposed project is YesAgreementmustconsenttothefutureconsistentwithco -location DR 2006-20 & CUP 2006-07 PAGE 3 0 • D. Conditional Use Permit Section 22.42.130 Development Code prohibits the placement of multiple freestanding antenna and equipment housing structures within the same parcel, but specifies that new wireless antenna shall co -locate with existing facilities. The proposed project is consistent with the regulation to co -locate on the same building since there are two existing wireless facilities located approximately 75 feet to the east and west of the proposed facility. The result is three wireless antenna facilities on this site and the hotel rooftop. The proposed project includes screened antennas located on the north, east and west building facades. E. View Impact The proposed screened antenna facility will be painted the same color as the existing building. The applicant has made a concerted effort to maintain the building design elements on the north facing fagade. The applicant proposed screening element on the east and west building elevations that will blend with the existing building elements. The roof -mounted equipment will be surrounded by a 7 -foot high screen wall that will be painted to match the building color. F. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the recommended conditions of approval. G. General Plan, Design Guidelines and Compatibility with Neighborhood Strategy 1.1.3, Areas designated as Professional Office (OP) are to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. DR 2006-20 & CUP 2006-07 PAGE 4 co -location of facilities regulations The site must be Conditions will be Maintenance maintained in good recommended to comply Yes condition with this requirement If antenna is abandoned for Abandonment & 6 months it must be Condition recommended Yes removal removed Bonding Bonding may be required to Condition recommended Yes guarantee removal D. Conditional Use Permit Section 22.42.130 Development Code prohibits the placement of multiple freestanding antenna and equipment housing structures within the same parcel, but specifies that new wireless antenna shall co -locate with existing facilities. The proposed project is consistent with the regulation to co -locate on the same building since there are two existing wireless facilities located approximately 75 feet to the east and west of the proposed facility. The result is three wireless antenna facilities on this site and the hotel rooftop. The proposed project includes screened antennas located on the north, east and west building facades. E. View Impact The proposed screened antenna facility will be painted the same color as the existing building. The applicant has made a concerted effort to maintain the building design elements on the north facing fagade. The applicant proposed screening element on the east and west building elevations that will blend with the existing building elements. The roof -mounted equipment will be surrounded by a 7 -foot high screen wall that will be painted to match the building color. F. Additional Review The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the recommended conditions of approval. G. General Plan, Design Guidelines and Compatibility with Neighborhood Strategy 1.1.3, Areas designated as Professional Office (OP) are to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. DR 2006-20 & CUP 2006-07 PAGE 4 0 The proposed project, which consists of the installation of an additional wireless antenna on the roof and fagade of an existing hotel, complies with the adopted goals and objectives as set forth in the General Plan. The proposed project will not negatively affect the existing land uses located in the surrounding neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15332. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-07 and Development Review No. 2006-20, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. Prepared by: Reviewed by: David D. Meyer Nancy Fong, AICP LDM Associates, Inc. Community Development Director ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Burden of Proof submitted by applicant; 3. Exhibit "A" — site plan, floor plan, and elevations. DR 2006-20 & CUP 2006-07 PAGE 5 E PLANNING COMMISSION RESOLUTION NO. 2006 -XX 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2006-07 AND DEVELOPMENT REVIEW NO. 2006-20, FOR THE REQUEST TO INSTALL ROOF AND WALL MOUNTED COMMUNICATION FACILITIES ON THE HOLIDAY INN BUILDING, LOCATED AT 21725 GATEWAY CENTER DRIVE — APN: 8293-050-003. A. RECITALS The Planning Commission considered an application filed by Royal Street Communications, LLC., on behalf of the property owner Oak Creek Limited partnership, requesting approval of plans to install a wireless communication antenna on the roof and building facade of an existing hotel addressed as 21725 Gateway Center Drive. 2. The subject property is zoned Office Business Park (OB) and it contains 3.5 acres of land area. 3. The subject property is legally described as Lot 3, Tract 39679 and the Assessor Parcel Number (APN) is 8293-050-003. 4. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site. and at three other locations within the project vicinity. 5. On July 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing and continued the hearing to August 8, 2006, at the request of the applicant. On August 8, 2006, the Planning Commission continued the public hearing to September 26, 2006, at the request of the applicant. The applicant requested the continuances so that the applicant could obtain approval from the way Center Owners Association. eptember 26, 2006, the Planning Commission conducted the continued c hearing, solicited testimony from all interested individuals, and luded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15301 and 15332 of the CEQA Guidelines. 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 wildlife 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 upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT a) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and it complies with all other applicable provisions of this development code and the Municipal Code. The proposed use as a co -located roof top and building facade wireless communication antenna is permitted in the Light Industrial zone with the issuance of a conditional use permit. b) The proposed use is consistent with the general plan and any applicable specific plan. The proposed use is permitted in the OB (Office Business Park) zone and the proposed project is consistent with the goals and objectives of the adopted general plan and the Gateway Center Specific Plan. 2 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 0 0 c) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The roof mounted and building antennas are to be screened from the existing building architecture. facade wireless communication view in a manner consistent with d) The subject sit is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject 3.54 acre site developed with a hotel is adequate in size to accommodate the additional roof mounted screened equipment and the facade mounted screened antennas. e) 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. The proposed addition of a roof mounted screened wireless communication equipment and the screened facade mounted antennas will improve service to the general public. The facility is to be located on the roof and building fagade of a multi -story hotel. The minor improvement will not be detrimental to the general public or the goals and objectives of the adopted general plan. DEVELOPMENT REVIEW f) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site has an existing multi -story hotel. The proposed roof mounted wireless communication equipment and the facade mounted screened antennas are consistent with the zone's development standards and design guidelines. g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. 3 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 61 The addition of the proposed roof mounted screened communications equipment and the fagade mounted screened antennas will not impact the existing or future development of the site or the surrounding neighborhood. h) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed roof mounted screened wireless communication equipment and the facade mounted screened antennas are consistent with the architecture of the existing building. The proposed addition will be screened from view from the surrounding neighborhood. i) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design is consistent with other multi -story hotels and office buildings in the neighborhood. The roof mounted equipment and the fagade mounted antennas will be screened from view from the surrounding parcels of land. Q) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed roof mounted communication equipment and the fagade mounted antennas will not negatively impact the public health, safety or general welfare. The added communication facilities will improve the general public's use of communication technology. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division 1) Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 4 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 0 2) Signs and advertising shall be prohibited on the screened wireless antenna. 3) No additional lighting shall be installed on the screened wireless antennas or associated equipment. 4) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 5) 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. 6) The applicant and the property owner must consent to the future co -location of facilities on the building or support structure unless technical considerations preclude that co - location. 7) In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the roof mounted antenna within 90 -days of notification by the City. 8) The applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of the antenna in the event that it ceases to be operational for a period of six consecutive months b. Building and Safety Division 1) Fire Department approval may be required. Please contact the Fire Department. 2) Applicant shall provide temporary sanitation facilities while under construction. 3) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the 5 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 0 E Building and Safety Division prior to the issuance of building permits. 4) Applicant shall provide window and door schedule for Building and Safety plan check. c) The applicant shall comply with the standard development conditions attached hereto and labeled Attachment "A". 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 the applicant and the property owner. APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. as Steve Nelson, Vice Chairman a I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of September 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 6 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 E COMMUNITY DEVELOPMENT DEPARTMENT Attachment "A" STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No.: Conditional Use Permit No. CUP 2006-07 & Development Review No. 2006-20 SUBJECT: Installation of screened roof mounted wireless communi- cation equipment and four fagade mounted antennas. PROPERTY Oak Creek Limited Partnership OWNER: APPLICANT: Royal Street communications, LLC LOCATION: 21725 Gateway Center Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-20 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 7 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-07 and Development Review No. 2006-20, 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 approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 8 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2006-07 & Development Review No. 2006-20 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" dated September 26, 2006, including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping/irrigation plan and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted and facade mounted equipment shall be screened from public view. 9 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 E SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. i llllllllllll jil ll l 1. The proposed project shall be served underground by all public utilities. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, 909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 10 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 0 0 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. End of Conditions - 11 Draft Planning Commission Resolution No. 2006 -XX CUP 2006-07 & DR 2006-20 0 0 PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 --FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: MEETING DATE: August 8, 2006 CASE/FILE NUMBER: Development. Review No. DR 2006-20 & Conditional Use Permit No. CUP 2006-07 PROJECT LOCATION: 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to install roof and wall mounted wireless communication facilities at the Holiday Inn. PROPERTY OWNER(S): Oak Creek Limited Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT(S): Royal Street LLC c/o Metro PCS Agent: Maree Hoeger, Core Communications Group 1028 Saga St. Glendora, CA 91741 STAFF Continue Public Hearing to September , 2006 RECOMMENDATION: DR 2006-20 & CUP 2006-07 PAGE BACKGROUND: Project Description: The applicant is requesting approval of a Conditional Use Permit and a Development Review Application to install new wireless communication facilities on the roof and the building exterior of the Holiday Inn located in the Gateway Center. After discussions with staff, the applicant would like to take the opportunity to examine alternatives to the proposed screening methods. The applicant will utilize the extra time to allow their design staff to examine design alternatives that better reflect the City's design guidelines. Additionally, the Gateway Corporate Center Association will meet in late August to review of the proposed development plans. The results of the Gateway Corporate Center review will be important information for the Planning Commission. NOTICE OF PUBLIC HEARING: On June 28, 2006, 8 surrounding property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 30, 2006 Three 3 locations were posted within the project's vicinity and the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. At the Planning Commission meeting of July 11, 2006 the Planning Commission, at the request of the applicant, continued this item to August 8, 2006. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15332. RECOMMENDATION: Staff recommends that, at the request of the applicant, the Planning Commission continue the public hearing to the regularly scheduled Planning Commission Meeting of September 12, 2006 at 7:30 P.M. Prepared by: David D. Meyer LDM Associates, Inc. — Planning Consultant ATTACHMENTS: Applicant's request for continuance DR 2006-20 & CUP 2006-07 PAGE 2 To: +1-9094766086 Page 1 of 1 0 2006-07-31 22:46:04 (GMT) 17143334441 Froin: John Koos 2923 Saturn St. Core Communications GroupBrea, CA. 93831 Authorized representative for Royal Street. 714) 739-8404 Office Communications, a.k.a. METRO PCS 938-3320 Mobile 714)333-4441 Fax e-mail: ainoldvalencial cll mail.com July 31, 2006 Diamond Bar Planning Commission 21825 Copley Drive Diamond Bar, CA. 91765 To Whom Tt Nlay Concern:: Royal Street Communications / Metro PCS is requesting that case # BR 2006-20 for the wireless communications project located at 31725 E. Gateway Center Drive, be continued to the planning commission scheduled for September 12, 2006. If you should have any questions, please feel free to reach me at (909) 938-3220. Sincerely, Arnold Valencia Core Communications Group Agent for Metro PCS/Royal Street Communications G4 i PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: MEETING DATE: July 11, 2006 REPORT DATE: July 5, 2006 CASE/FILE NUMBER: Development Review No. DR 2006-20 & Conditional Use Permit No. CUP 2006-07 PROJECT LOCATION: 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to install roof and wall mounted wireless communications facilities on the Holiday Inn. PROPERTY OWNER(S): Oak Creek Limited Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT(S): Royal Street LLC c/o Metro PCS Agent: Maree Hoeger, Core Communications Group 1028 Saga St. Glendora, CA 91741 STAFF Continue Public Hearing to August 8, 2006 RECOMMENDATION: DR 2006-20 & CUP 2006-07 PAGE 1 BACKGROUND: Project Description: The applicant is requesting approval of a Conditional Use Permit and a Development Review Application to install new wireless communication facilities on the roof and the building exterior of the Holiday Inn located in the Gateway Center. After discussions with staff, the applicant would like to take the opportunity to examine alternatives to the proposed screening methods. The applicant is of the opinion that screening techniques can be improved to be more commensurate with the existing building architecture. The applicant will utilize the extra time to allow their design staff to examine design alternatives that better reflect the City's design guidelines. NOTICE OF PUBLIC HEARING: On June 28, 2006, 8 surrounding property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. On June 30, 2006 Three 3 locations were posted within the project's vicinity and the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15332. RECOMMENDATION: Staff recommends that the Planning Commission continue the public hearing to the regularly scheduled Planning Commission Meeting of August 8, 2006 at 7:30 P.M. Prepared by: David D. Meyer LDM Associates, Inc. — Planning Consultant ATTACHMENTS: Letter from Applicant Requesting Continuance DR 2006-20 & CUP 2006-07 PAGE 2 0 0 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-209 SUBJECT: New Roof -mounted wireless com facility PROPERTY OWNER: Oak Creek Ltd. Partnership APPLICANT: Royal Street Communications, LLC LOCATION: 21725 E. Gateway Center Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2005-22 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 1 0 0 b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2005-22, 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 approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 2 9 disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of insert project number shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for insert as applicable: City Council or Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the insert as applicable: City Council or Planning Commission, collectively attached hereto as Exhibit "A" including: Examples: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 3 1 0 regulations, the Community Plan Specific Plan, and the 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 3. GUESTHOUSE OPTION: The applicant shall complete and record a Covenant and Agreement to Maintain a Single Family Residence with Guest House" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic 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. 7. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 8. The parking lot surface shall be repaired, slurry, and re -stripped, and driveways and curb ramps shall be current ADA standards. The path of travel from a handicap parking stall to building and from the curb to the building shall not exceed a two percent slope. 9. All roof mounted equipment shall be screened from public view. 10. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 4 0 • 11. Hours of operation and operating characteristics shall be as follows: Example: Days of Monday through Saturday; Closed on Operation Sunday Hours of 10:00 a.m. (for administrative duties); Operation Classes — 3:00 p.m. to 8:30 p.m. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Insert as applicable Prior to issuance of any permits, the method of tree replacement shall be determined. The applicant may have the option of replanting all trees on the project site or a portion of the trees on the project site and the remainder on public property or provide a monetary donation to the City's tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist. If monetary donation is used, it shall be submitted to the City prior to the issuance of any permits. Trees that will be replaced on site shall be plotted on the final landscape plan for the City's review and approval. 3. Prior to plan check submittals, additional landscaping trees and shrubs are required to soften the height of the example: rear retaining walls from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. 4. Insert as applicable: Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 5. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 5 s 0 6. Insert as applicable -Example: Prior to the Planning Division's final inspection, a total insert quantity and species of trees shall be planted on site for the replacement of insert quantity and species of trees of good health being removed or an applicable replacement fee calculated by City staff may be paid to the City Tree Replacement Fund as mitigation for these trees. 7. Insert as applicable -Example: Prior to the issuance of City permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition. 8. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 9. Retaining Wall Example: Retaining walls shall not exceed an exposed height of insert wall height as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material i.e., split face, stack stone, etc.). Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. 10. Tennis Court Example: Prior to plan check submittal, the applicant shall submit a detail of the tennis court fencing and lighting for Planning Division review and approval. Pursuant to Development Code Section 22.42.110, tennis court fencing shall not exceed a maximum height of 10 feet. When retaining walls/walls are used to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed 10 feet. Additionally, tennis court light shall with comply with Development Code Section 22.16.050. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 6 0 0 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, 909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 2. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 7 i 0 Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right- of-way. 2. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 3. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 4. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 5. All easements and flood hazard areas shall be clearly identified on the grading plan. 6. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 7. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 8. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 9. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 8 i 0 a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 10. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. Insert as required (and a permanent irrigation system shall be installed.) 11. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 12. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 13. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 14. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (Insert as required) 1. Applicant shall construct a five-foot wide sidewalk (the length of the subject property's frontage) behind the existing curb and a new driveway approach in accordance with current American Public Works Association APWA) standards. All public improvement shall be approved by the City Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 9 0 i Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. 2. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 3. Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 4. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. 5. Insert as applicable: Prior to issuance of Certificate of Occupancy, new street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards. 6. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 35 mph. 7. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered geotechnical engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company. 2. Will Serve Letters shall be submitted stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City from all utilities such as, but not limited to, phone, gas, water, electric, and cable. 3. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 10 0 0 4. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted for review and approval by the City. 1 3. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. G. TRAFFIC MITIGATIONS 1. A Traffic Impact Analysis Report shall be submitted for review and approval by the City. Such report shall address on-site circulation and parking requirements. 2. All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated and Conditions of project approval for the insert proiect number prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 11 3. Insert if applicable This project shall comply with the provision of the current California Building Code regarding allowable area increase and shall meet the 60 -foot Yard requirement per section 505.2. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Insert if applicable Reception counter shall comply with the title 24 accessibility requirements. 7. Insert if applicable All restaurants shall be equipped with grease interceptors. 8. Insert if applicable All food establishments shall obtain County health and environmental waste permits. 9. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 10. Insert as applicable "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 11. Insert as applicable "Separate permits are required for pool, spa, pond and tennis court" and shall be noted on plans. 12. A height survey may be required at completion of framing. 13. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 14. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 15. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 12 b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 16. Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. 17. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 18. All balconies shall be designed for 601b. live load. 19. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 20. Indicate all easements on the site plan. 21. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 22. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 23. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 24. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 25. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 13 26. Specify location of tempered glass as required by code. 27. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 28. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END Word: comdev/PC Resolutions -Standard Conditions/final standard conditions commercial and residential 5/26/2006 14 OFFIDAVIT OF ACCEPTANCE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR PLANNING COMMISSION RESOLUTION NO. 2006-38 related to Conditional Use Permit No. 2006-07 and Development Review No. 2006-20 for property located at 21725 E. Gateway Center Drive, Diamond Bar, CA I] [WE] the undersigned state: I am] [We are] the owner/applicant of the real property described in the above -numbered Planning Commission Resolution. I am] [We are] aware of, and accept, all the stated conditions in said Planning Commission Resolution No. 2006-38. I] [We] certify (or declare) under the penalty of perjury that the foregoing is true and correct. Where the owner and applicant are not the same, both must sign) © '. — Applicant Name Address City, State Signature P -/ Type or Pring a=; Y, N Owner Name OCCp- Address r)) 7--` City, State, This signature must be ackn acknowledgements. by a` notary public. Attach appropriate 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California C + ss. County of LCti J On before m U6 ( / Date Name and Title f is (e.g., "Jane Doe, Notary Publi personally appeared Names) of Signer(s) ' personally known to me iproved to me on the basis of satisfactory vidence SILVIA F. AGUILAR d COMM. #1510681 'd NOTARY PUBLIC - CALIFORNIA U Cq LOS ANGELES COUNTY CO My Comm. Expires Aug. 31, 2008 to be the person fa7whosenameis/9.% subscribed to th within instru(nent and acknowledged to me that he/s (e/ (ey executed the same in hisyer/Wei( authorized capacity(is), and that by his/vr/t eir signatureson the instrument the person(s), or the entity upon behalf of which the person(, acted, executed the instrument. WITNESS nd and o s al. Signature tary-Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach77maTitleorTypeofDocument: i Document Da te:Y iv Number of Pages: / Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here Corporate Officer— Title(s): Partner — Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: o --n --,y nssuoia • uaou ue z5010 Ave., Y.O. box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 AFFIDAVIT OF STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR ACCEPTANCE L,A 0(+5D PLANNING COMMISSION RESOLUTION NO. 2006-38 related to Conditional Use Permit No. 2006-07 and Development Review No. 2006-20 for property located at 21725 E. Gateway Center Drive, Diamond Bar, CA 1] [WE] the undersigned state: I am] [We are] the owner/applicant of the real property described in the above -numbered Planning Commission Resolution. I am] [We are] aware of, and accept, all the stated conditions in said Planning Commission Resolution No. 2006-38. I] [We] certify (or declare) under the penalty of perjury that the foregoing is true and correct. Where the owner and applicant are not the same, both must sign) Cyl' Type or Print Applicant Name 4a.i ry _. Address 2°A 1' 6) CLm,nd Sla j , City, State Signaturea-'*cA::::'A_;T_k Owner Name Address City, State_ Signature, This signature must be acknowledged by a notary public. Attach appropriate acknowledgements. Rt t.R,.C c S C C < aC4F\C;.<.\Cs C/i C C C C N•< C•/C C C..:»,.z.•,c].•s\••.c.•_a>C t!:t!•:\t t : a< c> •1 '>'\ \ .M ZI State of California County of ss. On/O 3oc17a_, before me, RkZ%A14ti YJ% A26TARy ¢lC , ate Name and Title of Officer (e.g., *Jane Doe, Notary Public") personally appeared ff /ST//ljjE Name(s) of Signer(s) ' Place Notary Seal Above personally known to me proved to me oh the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: T OF AIC Capacity(fes) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attomey in Fact Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: 6AU Number of Pages: Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact 0 Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: G::'.'.::b`%:<:t`%GSL.4 i G:G i: 0 2004 National Notary Association , 9350 De Soto Ave., P.O. Box i2 s S`::`a:'rJ.•, ......,. 15907 .rder Call Toll-Free 1-800-676-6827 P. WEIGAND Commission # 1663460 Notary Public - California Z: Los Angeles County My Comm. Expires May 2,201 A Place Notary Seal Above personally known to me proved to me oh the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: T OF AIC Capacity(fes) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attomey in Fact Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: 6AU Number of Pages: Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact 0 Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: G::'.'.::b`%:<:t`%GSL.4 i G:G i: 0 2004 National Notary Association , 9350 De Soto Ave., P.O. Box i2 s S`::`a:'rJ.•, ......,. 15907 .rder Call Toll-Free 1-800-676-6827 stewart® title of california Sanctity of Contract STEWART TITLE OF CALIFORNIA, INC., ORANGE COUNTY DIVISION 180 NORTH RIVERVIEW DR., SUITE 100 ANAHEIM, CA 92808 714) 685-2320 Ext: 268 www.stewarttitle.com MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT Core Communications Group 4 PottersBend Ladera Ranch, CA 92694 Attn: Amy Sinon Order Number: 98603886 Your Reference: LA0450A Property Address: 21725 Gateway, Diamond Bar, CA In 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 date 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 of 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 issuance of a policy of title insurance a binder or commitment should be requested. Dated as of March 16, 2006 at 7:30 A.M. Chris Maziar, Wireless Services 714) 685-2320 Ext: 268 Fax: (714) 242-9885 E-MAIL: cmazier@stewart.com E PRELIMINARY REPORT 98603886 The form of Policy of Title Insurance contemplated by this report is: Preliminary Report 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: Oak Creek LP, A California Limited Partnership as to an undivided 99W interest and Castle Lights LLC, a limited liability company as to an undivided 1% interest Continued on next page 1- LEGAL DESCRIPTION i98603886 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 39679, in the City of Diamond Bar, 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 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 degrees 21' 011, West 120.83 feet; thence South 51 degrees 16' 37" West 78.76 feet to a point on said Northerly line; thence South 25 degrees 39' 52" East 315.74 feet to a point on the Southerly line of said Lot 4, said point also being the beginning of a curve concave 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 12 degrees 52' 59"; thence North 64 degrees 20' 56" East 63.50 feet to Easterly line of said Lot 4;.thence Northerly along said Easterly line back to the point of beginning. End of Legal Description Continued on next page 2- 0 98603886 SCHEDULE B 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: A. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006: 1st Installment $47,623.83, PAID 2nd Installment $47,623.81, OPEN Parcel No. 1 8293-050-003 Affects: A portion of the land described herein. B. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006: 1st Installment $6,006.05, PAID 2nd Installment $6,006.04, OPEN Parcel No. 1 8293-050-032 Affects: A portion of the land described herein. C. 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. D. Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments are collected with the County Taxes. 1. Water rights, claims or title to water in or under said land, whether or not shown by the public records. 2. Any rights of the parties in possession of said land, based on an unrecorded lease, or leases. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Purpose public utilities Recorded August 18, 1970 as Instrument No. 2908, Official Records Affects portion of said land 4. The fact that the ownership of said land does not include Continued on next page 3- 0 98603886 rights of access to or from a public street or highway abutting said land, such rights having been severed from said land by the document: Recorded October 19, 1970 Book D4863 Page 222 Instrument/File No. 187 of Official Records. And recorded April 10, 1974 as Instrument No. 3477, official records. 5. The fact that the ownership of said land does not include rights of access to or from the public street or highway abutting said land, such rights having been relinquished or severed by the map of said land. Affects I Golden Springs Drive Said land however, abuts upon a public thoroughfare other than the street or highway referred to above, over which rights of vehicular ingress and egress have not been relinquished. 6. An easement or other provisions for the purposes shown below and rights incidental thereto as shown on the recorded map: Tract No. 39679 Purpose sewer Affects portion of said land 7. Any instrument which among other things provides that the lot owners in said subdivision shall not interfere with the established drainage of said subdivision: Executed by: Diamond Bar Business Association Recorded March 6, 1987 Instrument No. 87-342446, official records 8. Covenants, conditions, and restrictions, 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, as set forth in an instrument recorded December 17, 1981 as Instrument No. 81-1240182 of Official Records. 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 age of occupants in senior housing or housing for older persons shall Continued on next page 4- 0 I"1 LJ 98603886 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: Recordedj June 28, 1985 as Instrument No. 85-754711, Official Records Said covenants, conditions and restrictions have been modified by an instrument: Recorded1 April 21, 1987 as Instrument No. 87-613138, Official Records Said covenants, conditions and restrictions have been modified by an instrument: RecordedI May 20, 1988 as Instrument No. 88-810378, Official Records 9. Covenants, conditions, and restrictions, 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, as set forth in an instrument recorded April 13, 1987 as Instrument No. 87-567650 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 age of occupants in senior housing or housing 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 as Instrument Nos. 90-2071041 and 90-2071042, Official Records Continued on next page mic 98603886 10. An easement for the purpose shown below and incidental thereto as set forth in a document: Purpose public utilities Recorded June 22, 1989 as Instrument No. Official Records Affects portion of said. land rights 89-1002328, 11. An unrecorded lease, affecting the premises herein stated, executed by and between the parties named herein, for the term and upon the terms, covenants and conditions therein provided, Lessor La -Nam Enterprises, Inc. Lessee Los Angeles Cellular Telephone Company Disclosed By Memorandum of Lease Recorded November 30, 1994 Instrument No. 94-2137689, 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. 12. An unrecorded lease, affecting the premises herein stated, executed by and between the parties named herein, for the term and upon the terms, covenants and conditions therein provided, Lessor La -Nam Enterprises, Inc. Lessee Smart SMR of California, Inc. d/b/a Nextel Communications Disclosed By Memorandum of Agreement Recorded February 24, 1997 Instrument No. 97-276576, 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. 13. A Deed of Ti shown below, and Amount Trustor Trustee Beneficiary Recorded Instrument No. ust to secure an indebtedness in the amount any other obligations secured thereby: 7,900,000.00 Ruey Chyr Kao and Je Tsu Kao, as to an undivided 52% interest; Castle Lights, LLC as to an undivided 1% interest and Oakcreek LP as to an undivided 47% interest, all as tenants in common First American Title Company First Commercial Bank Los Angeles Branch April 23, 2004 04-0998040, Official Records 14. An Assignment of Rents as additional security for the payment of the indebtedness secured by the above Deed of Trust which assignment was: Executed By Ruey Chyr Kao and Je Tsu Kao as to an undivided Continued on next page 6- e98603886 52% interest, Castle Lights, LLC as to an undivided 1/% interest and Oakcreek LP, as to an undivided 47% interest To First Commercial Bank Los Angeles Branch Recorded April 23, 2004 Instrument No. 04-0998041, official records 15. The matters contained in an instrument: EntitledI Hazardous Substances Certificate and Indemnity Agreement upon the terms and conditions and covenants therein provided. Recorded April 23, 2004 Instrument No. 1 04-0998042, Official Records 16. A Financing Statement given as additional security for the payment of the indebtedness secured by the Deed of Trust Shown In Item No. 13 Debtor Oak Creek Limited Partnership Secured Party First Commercial Bank Los Angeles Branch Recorded July 23, 2004 Instrument No. 04-1889685, official records END OF EXCEPTIONS Continued on next page 7- r1 U NOTES 98603886 This report is being issued at the request of the client and is not in response to a request for title insurance. Therefore, 0 98603886 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub -escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available prior to disbursement. Funds received by Stewart Title of California, Inc. (Stewart Title) via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub -escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title. Stewart Title may recieve certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title shall have no obligation to account to the depositing party in any manner for the value of, or pay to such party, any benefit received by Stewart Title. Such benefits shall be deemed additional compensation to Stewart Title for its services in connection with the escrow or sub -escrow. 9- 0 Description: Los Ange2es,CA Assessor Map 8393.50 Page: 2 of 1 Order: 5 Comment: c. 0 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: I am employed by the City of Diamond Bar, Community Development Department. On June 28, 2006, 1 personally posted a copy of the Notice of Public Hearing regarding Conditional Use Permit No. 2006-07/Development Review No. 2006-20 for property located at 21725 E. Gateway Center Drive, Diamond Bar, CA, to be heard before the Planning Commission on July 11, 2006, a copy attached hereto, at the following locations: SCAQMD/Government Center, 21865 Copley Drive Diamond Bar Library, 1061 Grand Avenue Heritage Park, 2900 Brea Canyon Road Diamond Bar Center, 1600 Grand Avenue I declare under penalty of perjury that the foregoing is true and correct. Executed on June 28, 2006, at Diamond Bar, California. Stella Marquez Community Development Department g:\\s\affidavitposfing.doc pityqftoid Bar Ccrrrrjr. y Develomm . am•.er- I ; 21925 Conley Dm:e1765 Notice of Public Hearing Qiar r Sar, Csl:fomia9( " z! "a1, 839 7"-; 3 Fax,';0;) 86- -3117 a•,v Citvnf7iaroc 93ar.ccr. TO: Property Owners within a 500 -foot radius of subject site FROM: City of Diamond Bar, Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State law and local regulations, a public hearing will be held by the Planning Commission to determine whether or not the subject, request shall be approved. DATE AND TIME OF HEARING: Tuesday, July 11, 2006, 7:00 P.M. (ar. won lhereafterthatthematter can heheard) PLACE OF HEARING: South Coast Air Qual'y Management District Auditorium 21,865 Copley Drive. Diamond Bar, CA 91765 SUBJECT: Development Review DR 2006.20 & Conditional Use Permit CUP 2006-07 PROPERTY ADDRESS: 21725 E. Gateway Center Drive, Diamond Bar, CA 91765 ASSESSOR PARCEL No. 8293-050-003 PROPERTY OWNER: Oak Creek: LP., 21725 E. Gateway Center Dr., Diamond Bar, CA 91765 APPLICANT: Royal Street, LLC., cfo Metro PCS, Ms. Maree Hoeger: Core Communications Group: 1028 Saga St., Glendora, CA. 91741 REQUEST: Pursuant to Chapters 22.42 & 22.48 of the City of Diamond Bar Development Code the applicant has requested approval of plans to construct roof mounted wireless communication facilities and equipment cabinets and various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property contains 3.5 -acres of land area. ENVIRONMENTAL DETERMINATION: This project has been. reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has been determined that the project is Categorically Exempt under Article 19 Sections 15301 and 15332 of the Siate CKA Guidelines. AREA MAP: T North NOTE; if you are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community Development Department at the address given below. To preview case materials or for further information or this subject please contact the City of Diamond Bar Community Development Department at (909) 839-7030. If you challenge this application and project in court, you may be limited to raising on?y those issues you or someone else raised at the public hearing described in this notice, cr in written correspondence delivered to the Planning Commission at: or prior to: the public hearing. CASE MATERIALS are available for review between 7:30 a.m. and 5:30 P.M. Monday -Thursday, and 7:30 a.m. to 4:30 p.m. Friday at the ClIty of Diamond Bar Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD 'building). 00 INLAND VALLEY DAILY BULLETIN formerly the Progress Bulletin) 2041 E. 4th Street Ontario, CA 91764 STATE OF CALIFORNIA County of Los Angeles Space belowtisof County Clerk only) 1p-s"2__ O PROOF OF PUBLICATION 2015.5 C.C.P.) 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: 6/30/06 I declare under penalty of perjury that the foregoing is true and correct. Executed at Ontario, San Bernardino Co. California this 30 ay of JUN E 20 06 signature Ir r SMI Proof 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 onthefollowingitemtodeterminewhetherornotthesubjectrequestshallbeapprovedundertheprovisionsofStatelawandtheCityofDiamond Bar's Development Code: Development Review DR 2006-20 & Conditional Use Permit CUP 2006.07 Pursuant.to Chapters 22.42 & 22.48 of the City, of Diamond BarDevelopmentCodetheapplicanthasrequested approval of plans to construct root mounted wireless communications facilities and onencabinets eivarious surface mutdantennason the xstingHolidayInn. Thtele 5itsite s fully proplertydconitains 3.5 -acres of land area. ROPERTY ADDRESS: iaond Bar, E. CA 91765Cnter Drive IROPE T LPWNER: 1725 E.Gatewav Center Drive Diamond Bar, CA 91765 APPLICANT: aeerP eeS Royal eHogeLLC- Manager CorerSaga StreetCommunications Group 1028 Glendora, CA 91741 Environmental Determination. This project has been reviewed for compliance with theCaliforniaEnvironmentalQualityAct (CEQA). Based on that assessment, the City. hastegorically Exempt npur ped ursuant Ithe provisions aof Sections 15301 and 15332 of the CEQA Guidelines. If you are unable to attend The public hearings, toase write tthesDiamto ond BareCommun 1v Development maYart also aobt the dress additional iven nfomaYou T on concerning these cases by phoning (909)t 839-7030. If you challenge these applications and ProjectInCOUrt, you may be limited to raising Onlythoseissues, You or someone else raised at thepublichearngdescribednthisnotice, or in written correspondence delivered to the Planning Commission at, or prior to, the public, hearing. them aftter thatHAematter can he l cbaord)as soon t DATE OF PUBLIC HEARING: Tuesday, July. 11, 2006 LOCATION: South Coast Air Quality Management District Auditorium 21865 Copley Drive Diamond Bar, California 91765 CASE MATERIALS: Available for reviewbetween7:30 a.m. and 5:30 p•rn• MondaY-ThursdaY, and 7:30 a.m. to 4:30 p.m•, Friday at the city of Diamond Bar CommunityDevelopmentDepartmeCntt218291765Copley (Dinsiderive - DiamondSCAQMD/Government Center building). Published:Ju# 200364 ne 30, 2006 0 SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 STATE OF CALIFORNIA County of Los Angeles iapaoe ueww fur use ui %.ouniy %AerK oniyi 11 j NOTICE OF PUBLIC HEARING PROOF OF PUBLICATI NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the Planning Commission will conduct -a2015.5 C.C.P.) public hearing on the following item 't'o 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: 6/30/06 declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 3 0 day of JUNE 20 06 signature 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: Development Review DR 2006-20 '& Conditional Use Permit CUP 2006-07ProPursuanttoChapters22.42 & 22.48 of the City of Diamond Bar Development Code the applicant has requested approval of Plans to construct roof mounted wireless communications facilities and equipment — cabinets and various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property contains 3.5 -acres of land area. PROPERTY ADDRESS: 21725 E. Gateway Center Drive Diamond Bar, CA 91765 i PROPERTY OWNER: Oak Creek, LP. 21725 E.Gateway Center Drive Diamond Bar, CA 91765 APPLICANT: Royal Street, LLC. c/o Metro PCS Maree Hoeger, Proiect Manager Core Communications Group 1028 Saga Street Glendora, CA 91741 Environmental Determination: This, Proiect has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the Proiect to be Categorically Exempt pursuant to the provisions of Sections 15301 and 15332 of the CEQA Guidelines. If you are unable to attend the public hearings, but wish to send written comments, please write to the Diamond Bar Community Development Department at the address given below. You may also obtain additional information concerning these cases by Phoning (909) 839-7030. If You challenge these applications 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 thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tdesddr, July 11, 2006 k. LOCATION:South. Coast Air Qualify Management District Auditorium 21865 Copley Drive Diamond Bar, California 91765 CASE MATERIALS: Available for review between 7:30 a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m. to 4:30 P.m., Friday at the City of Diamond Bir Community Development Department 21825 Copley Drive, Diamond Bar, CA 91765 (inside SCAQMD/Government Center building). Publish: June 30, 2006 San Gabriel Valley Tribune Ad No. 201731 51-/LTyk 12/7/06 Mr. David Rowland Consumer Protection and Safety Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 is Royal Street Communications, LLC 2913 El Camino Real #561 Tustin, CA 92782 Site Reference: LA0450-A ,+ . This is to provide the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Commission of the State of California ("CPUC') that: a) The cellular company has obtained all requisite land use approval for the project described in Attachment A. FIXED WIRELESS — Providing wireless telecommunication service ONLY b) That no land use approval is required because c) ABANDONED SITE MODIFICATION REVISED / CORRECTED LETTER A copy of this notification letter is also being provided to the appropriate local governmental agency(ies) for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein, please contact Julie Furukawa at (714) 730-3145. The Carrier Number for Royal Street Communications, LLC is U -3086-C. Sincerely yours, Royal Street Communications, LLC By: Christine Bryden, Network D elopment Manager Date Attachment Site File: E-LA0450A cc: City of Diamond Bar City of Diamond Bar City of Diamond Bar Nancy Fong, Planning Director City Clerk James De Sefano, City Manager 21825 Copley Dr. 21825 Copley Dr. 21825 Copley Dr. Diamond Bar, CA 91765 Diamond Bar, CA 91765 Diamond Bar, CA 91765 CPUC Notification Letter PATTON BOGGS FORM FEB 2006 i W1 L 1. Project Location: Site Number/Name: Site Address: City, State, ZIP: County: Assessor Parcel Number: Latitude (NAD 83 D -M -S): Longitude (NAD 83 D -M -S) 2. Project Description: Number of Antennas to be installed Tower Design: Tower Appearance: Tower Height: Building / Equipment Pad Size(s): 0 ATTACHMENT A NEW BUILD MODIFIED LA0450A / Holiday Gateway 21725 E. Gateway Center Drive Diamond Bar, CA 91765 Los Angeles 8293-050-003 34-00-3.6 N 117-50-1.0 W Six (6) panel antennas Antennas mounted on the roof of a six -story hotel building Antennas mounted behind new RF transparent screening on the north, east, and west facing elevations Top of highest antenna is at 63'-6" above grade 12'-0" x 18'-0" Lease Area 3. Business addresses of all Local Government Agencies: City of Diamond Bar City of Diamond Bar City of Diamond Bar Nancy Fong, Planning Director City Clerk James De Stefano, City Manager 21825 Copley Dr. 21825 Copley Dr. 21825 Copley Dr. Diamond Bar, CA 91765 Diamond Bar, CA 91765 Diamond Bar, CA 91765 4. Land Use Approval: On September 26, 2006, Royal Street Communications, LLC obtained zoning approval from the City of Diamond Bar for the construction, use, and maintenance of a PCS Wireless Facility, pursuant to Development Review No. DR 2006-20 and Conditional Use Permit No. CUP 2006-07. CPUC Attachment A 022006 Carol Herrera Mayor Bob Zirbes Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Recycled paper October 5, 2006 0 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 Oak Creek, Ltd. Partnership 21725 E. Gateway Center Dr Diamond Bar, CA 91765 909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com Ms. Maree Hoeger, Project Manager Royal Street Communications, LLC 350 Commerce, Suite 200 Irvine, CA 92602 Subject: Conditional Use Permit No. 2006-07/Development Review No. 2006-20 for a property located at 21725 E. Gateway Center Drive, Diamond Bar, CA 91789 Dear Applicants: Enclosed is the referenced project's development deposit log for your perusal. The deposit log shows a negative balance of $808.94. However, not all invoices for processing this project have been submitted to the City. Therefore, please submit a check to the City of Diamond Bar in the amount of $1,000.00. After all invoices have been processed and final inspection of the project has occurred, any money remaining in the account will be refunded to you. Thank you for your cooperation in advance. If you have any questions, please contact me at (909) 839-7032. Sincerely, Ann J. Lungu, Associate Planner Cc: Nancy Fong, ACIP, Community Development Director Kimberly Molina, Associate Engineer Dennis Tarango, Building Official D 0 L f) O N O 0 N V Q) Q. H O O N CD O O N J LL a) Q L L L L a) a) U CLa) co -a C 3 J E a Q CD( o75 ULO D 1 U N O CU i LO D ti U m m c 0 m E aS L a) C CD U ca N m tc) N r-- 04 N L a) 0) a) 0 a) a) cv J J U) 0 c c cl, O a C c c c c C c c i t C L c w00000 CD O Q- C 0 s. d 0000 U otntntnor--r rntntntnt0 U) 0 O 0')o000 Z O N N I` 2 D N 664 4 d a) a) a Q , O O O O O I` a m m m Q Q w00000 CD 0000 U otntntnor--r rntntntnt0 0')o000 Z O N N I` Lo D N 664 4 o o O O O O O I` oo O cD M tt M T-- M O f} 69 64 G} JO o ti ti O m N 6ri- co C4 N r r r Efl b' t? Q EA 6969EF}Ef} m I— o fn O O 0 CL O w N 0 0 0 0 0 0 U') O O O O O O O W U? o o to N o ti LO 0 0 0't O o i ti 66 N M ui o N O 6 64 O O N O f` It N N D co 1l- N O N I` 69. Q 69 69 69 I` N tet' N 6F} N N 69 fA 61} 69 H} 61? 6R 69 69 U O o 0 0 0 0 o 0 0 0 O O O 0 0 0 0 0 0 0 0 0 w tri o L6 lr) tri tri LO tri tri tri LO o o 0 o o 0 0 o 0 0 0 Q 69 69 69 60) W- 69, U9- EA ER 69- 69 co Ln to N N i w U a) c N o ci Z LO 0 C C c C C fn NNcf) U) C/) C/) V U 0 3 0 0 0 0 m stn o U a)UUUU c e a) LU Fn c c c c a) co o c a S c c c c c E pp i.L 0 0 0 0 co 0 p v c aE 0 ICoELLa.d ZQQX N 70J a CM c6 cr 70 m 1 d i j i 0 a) Q 0 O IL J J LL LL LL LMf) w TI- c LL Z Q n w v Q D C) D 0 D 0 co 0 j ti M D D D D d` Page 1 of 1 Ann Lungu From: Monica Rios [mrios@mdg-Idm.com] Sent: Wednesday, October 04, 2006 4:22 PM To: Ann Lungu Cc: Dave Meyer Subject: RE: CUP 2006-20 2175 Gateway Center Drive Per your request, see attached spreadsheet with expenses for 21725 E. Gateway Center Monica Rios MDG-LDM Associates, Inc. 10722 Arrow Route, Suite 822 Rancho Cucamonga, CA 91730 909) 476-9696 x 111 From: Ann Lungu [mailto:Ann.Lungu@ci.diamond-bar.ca.us] Sent: Wednesday, October 04, 2006 10:57 AM To: ldmasso@aol.com Subject: CUP 2006-20 2175 Gateway Center Drive David, Need your charges on this project. Drawings and Reso are ready to be given to BSD. However, need your changes. Applicant needs to pay fees prior to plan check submittal. Will fax resolutions we discussed yesterday when the intern comes in this afternoon. Thanks. Ann. Confidential Communications The information contained in this e-mail message is intended only for the use of the individual or individuals named above. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately destroy AND notify us by telephone at 909.839.7058. 10/4/2006 Carol Herrera Mayor Bob Zirbes Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Recycled paper September 28, 2006 City of Diamond Bar - 21825 Copley Drive • Diamond Bar, CA 91765-4178 909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com Oak Creek, Ltd. Partnerhsip 21725 E. Gateway Center Drive Diamond Bar, CA 91765 VIA CERTIFIED MAIL Royal Street, LLC Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92602 Re: Conditional Use Permit No. 2006-07 and Development Review NO. 2006-20 for property located at 21725 E. Gateway Center Drive, Diamond Bar, CA Dear Applicants: On September 26, 2006, the City of Diamond Bar approved the above - referenced project. Enclosed please find a certified copy of Planning Commission Resolution No. 2006-38 for your records and an Affidavit of Acceptance for the Resolution. Please have the Affidavit signed and notarized and return it to the Planning Division at the address located above. Thank you for your cooperation. Should you have any questions, please contact me at (909) 839-7030. Sincerely, } Stella Marquez, Senior Administrative Assistant to David Meyer, Project Manager cc: Public Works Division Building and Safety Division Enclosures Page 1 of 2 Subj: Fwd: 21725 E. Gateway Center Dr., Diamond Bar (Holiday Inn) Date: 9/11/2006 3:46:28 P.M. Pacific Standard Time From: maree.hoeger@gmail.com To: LDMASSO@aol.com David, The Board has approved our proposal, see below Thanks Maree Forwarded message ---------- From: Sandra Deeds <sdeeds@themullercompany.com> Date: Sep 11, 2006 3:33 PM Subject: RE: 21725 E. Gateway Center Dr., Diamond Bar (Holiday Inn) To: Maree Hoeger <maree.hoeger@gmail com> Alaree, We have aff the votes in andyour architecturaf request has 6een approved 6y the Board of (Directors. A forma(letter wiCCfoffow. Thankyou for your patience. Sincerely Sandra L. Deeds Senior Property Manager The Muller Company 951-687-2900 951 687-2961 (fax) Sdeedsa themullercompan_y.com From: Maree Hoeger [mailto: maree.hoeger@gmail.com] Sent: Monday, September 11, 2006 3:21 PM To: Sandra Deeds Subject: 21725 E. Gateway Center Dr., Diamond Bar (Holiday Inn) Hi Sandra, Can you please let me know if the Board has had an opportunity to review our proposed antenna installation at the Holiday Inn, or when they plan on doing so? The City contacted me again today, they need the Board's comments for the upcoming Planning Commission hearing. Monday, September 11, 2006 America Online: LDMASSO 0 0 Page 1 of 1 Subj: Re: DR 2006-20 Revised Plans Date: 9/11/2006 3:26:40 P.M. Pacific Standard Time From: maree_h_oeger@gmail.com To: LDMASSO_@aol.com David, I will have hard copies to submit to Ann this week. I e-mailed Sandra Deeds at the Muller Co. again today for an update on the Gateway Center Board's comments, she's just back in town today so hopefully I'll have a response by tomorrow. Regarding posting, the notification board has been up at the site since late June, it still has the original hearing notice on it so if I need to put up the new hearing notice for the 26th, please e-mail it to me and I will do so tomorrow. Thanks. Maree On 9/11/06, LDMASSO@aol.com <LDMASSO@aol.com> wrote: Maree: The revised plans appear to include all of the items that were of concern to the City of Diamond Bar. Please provide the final copies needed to process the project before the Planning Commission. What is the status of the project before the Gateway Center Association? Has the site been properly posted? David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Monday, September 11, 2006 America Online: LDMASSO Page 1 of 1 Maree: Thanks for the update on the Gateway review of your project. The existing posting is adequate. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Monday, September 11, 2006 America Online: LDMASSO Page 1 of 1 Subj: Fwd: Automated Reply from Sandra Deeds <sdeeds@www.themullercompany.com> Date: 9/7/2006 8:29:32 A.M. Pacific Standard Time From: maree_hoeger@gmail.com To: LDMASSO@aol.com David, It appears I will not be able to get an update from the Gateway HOA until probably Monday. Thanks. Maree Forwarded message ---------- From: Sandra Deeds <sdeeds@www.themullercompany.com > Date: Sep 7, 2006 8:24 AM Subject: Automated Reply from Sandra Deeds <sdeeds@ www.themullercompany.com> To: maree.hoeger@gmail.com Sandra will be out of the office on September 5, 2006 until September 8, 2006. Thank you. Thursday, September 07, 2006 America Online: LDMASSO I* . Page 1 of 1 Subj: Re: Gateway Center Cell Site Date: 9/7/2006 8:20:58 A.M. Pacific Standard Time From: maree.hoeger@gmail.com To: LDMASSO@aol.com David, I will have revised plans to e-mail to you by tomorrow, if not late today. I have not heard back from the HOA, I will contact Sandra today for an update. Thanks. Maree On 9/6/06, LDMASSO@aol.com <LDMASSO@aol.com> wrote: Maree: Have you received any feedback from the Gateway Center HOA? When will I receive the revised plans? I need to complete the staff report. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Thursday, September 07, 2006 America Online: LDMASSO 0 Associates - Inc. 0 DATE: August 24, 2006 TIME: 4:39 PM ATTENTION: Maree Hoeger, Senior Zoning Manager FIRM: Core Communications Group FAX NUMBER: (714) 333-4441 PHONE NUMBER: (949) 280-2531 FROM: David Meyer NO. OF PAGES: 5 page(s) COMMENTS: 21725 Gateway Center Drive Diamond Bar, CA 91765 Maree: The attached sketches may give your architect an idea of what the City is looking for in terms of the ascetics for this project. At any rate the project plans should be revised to detain the scope of your proposal. Examples of the material to be used will be important. The Building Department is interested in how the proposed project will be framed. LDM Associates 10722 Arrow Route, Suite 822, Rancho Cucamonga, California 91730 909) 476-6006 * Fax (909) 476-6086 N 1 171 0 rN lF E EUT I 614 Ap k- w 0 v ED F- Z Page 1 of 3 Subj: RE: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Date: 8/14/2006 2:15:23 P.M. Pacific Standard Time From: Nancy.Fong,,@ci.diamond_bar.ca.us To: maree.hoegg rgmail.com, LDMASSO@aol.com, dconnell@connelldesigngroup.com CC: Ann. Lungu@ci.diamond-bar.ca.us, arnoldvalencia1 @gmail.com, johnkoos@gmail.com Maree, Changes are proposed for the parapet feature, in that you would have to cut open the architectural parapet and replace with fiberglass panels. It depends on the construction and the workmanship, the many replacement fiberglass panels I have seen, one could see the edges and the lines where they fit the fiberglass panels, which is not that architecturally pleasing. I believe Holiday Inn Select has smooth plaster material. Provide plans, photo - simulations and details of how the stucco and the painting will eliminate the lines for the fiberglass material. Nancy Fong, AICP Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 909) 839-7030 nancy.fong@ci.diamond-bar.ca.us Original Message ----- From: Maree Hoeger [mailto:maree.hoeger@gmail.com] Sent: Monday, August 14, 2006 10:20 AM To: LDMASSO@aol.com; Dan Connell Cc: Nancy Fong; Ann Lungu; Arnold Valencia; John Koos Subject: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) David, I received your attached drawing of how you interpret our proposal. Your rendering is not correct. If you will please take another look at the plans and photosimulations I submitted, you will see that the proposed antennas on the north elevation (facing the 60 freeway) will be placed INSIDE the existing parapet. There will not be any extension or addition to this feature of the building. This is the PERFECT installation because it will be invisible and there will be NO alteration to the existing structure other than replacing the material in front of the material with fiberglass and then finishing it with the EXACT same materials, i.e. stucco and paint, to match the existing. When all is done, the existing parapet will look EXACTLY the same as it does now. I think some of your concerns about the project can be cleared up by adding more detail to the plans and making them look a little less confusing at the same time. Also, I am going to have additional photosimulations done this week showing close-up views of the proposal. I think this will help clarify the project as well because the current photosimulations had to be take from a distance in order to show the project in its entirety and show how it will look from the public's view. Dan, Please add details to the current plans for each antenna installation so it is absolutely clear to the Planning Commission of what we are proposing to do (add a separate sheet A-6 that would be Monday, August 21, 2006 America Online: LDMASSO 0 0 Page 2 of 3 similar to the details included on the CDs and what you provide to us in your last e-mail), I need to make sure that our project is accurately and clearly conveyed to the Commission at the hearing. Please make it clear that the final product will look just like the existing building features we are using for the installations. Also, please add an antenna mounting detail so it is clear to the Commission how the antennas are being mounted behind the screening, and add a detail for the equipment screening as well. I don't want this to be a concern at a later date either. Furthermore, I think all of the dark lines are confusing to staff as well. For example, I think the dashed lines shown on the north elevation where the antennas are located make it seem as though there will be an alteration to the exterior of the building when in fact there will not be any visible change. I think David's concerns about the east and west elevations may stem from all of the lines shown as well. When you look at the plans and see the "add-ons" with the dark lines, it could be perceived that the project will look like there are two additions to each side of the stairwell when in reality it will be one cohesive feature still. I think this can be resolved by making all of the lines look the same on sheets A-3, A-4, and A-5 and removing the dashed lines on the north elevation. We need the elevations to show that the design will not alter the appearance of the north elevation and that the east and west elevations will still look like one feature, not a feature with add-ons on each side. The details added on sheet A-6 will then clarify exactly how the project is constructed. Could you please revise these plans and add the details and send me 5 new full size sets by the end of this week so I can submit them to staff on Monday? We have a PC hearing scheduled for September 27th and I do not want it to be continued beyond this date. Thank you! Maree On 8/11/06, Maree Hoeger <maree hoeger@gmail.com> wrote: I'm not sure how to make it clear, but nobody will ever know the antennas are there. Refer to the photosimulations, the elevation facing the freeway will not be different at all in appearance as the antennas will be inserted inside the existing parapet. The antennas mounted on the two sides of the building will also not be visible. We are only proposing to extend the EXISTING stairwell/architectural pop -outs 2 feet on each side. Nobody will notice there has been anything done up there. There will be no differentiation between the existing features and the "add-on" portions. It will be one cohesive architectural feature still. I don't know how you can say it will look like the steer horns of a cadillac, because those look different than the car they are going on. Our project will NOT look any different than what is there, we are using the exact same finishing materials and following the exact same details of the existing architectural features we are proposing to use. Dan, please read the comments below and modify the plans to somehow show that the proposal will NOT impact the existing building features and that nobody will even know it happened, and that it will not negatively alter the appearance of the building. I don't know, add details, add as much information as POSSIBLE. Make them CDs at this point so the Planning Commission and staff understands that this project will be virtually unrecognizable. Thanks. Monday, August 21, 2006 America Online: LDMASSO 0 0 Page 3 of 3 Maree On 8/11/06, LDMASSO@aol.com < LDMASSO cr aol.com> wrote: Maree: I received the Fibergrate design guide, the City of LA research report regarding the Fibergrate product and the two connection details. The information provided will be helpful to the Building Department. Their function is to insure that the structure meets the requirements of the adopted building codes. The Planning Commission will be interested in the appearance of the end product as it can be observed from the public right-of-way. The details provided use terms such as "Stealth Screening with finish to match existing building" and "RF Trans. panel to match existing building - by others". I do not believe that the Planning Commission will be satisfied with the descriptions provided. A sample of the "RF Trans panel and the Stealth Screening material with finish to match existing building" would go a long way to clarify your architectural intentions. I am concerned that the proposed additions to the front or north side of the existing building are not consistent with the existing architectural detail. My current interpretation of the proposed screening is that it is not consistent with the existing architectural details. The screening as proposed will appear as an after thought and it will not blend in with the building architecture. The analogy that comes to mind is that what you are proposing on the north side of the building is similar to attaching a set of steer horns to the hood of a Cadillac. I suggest that your architect use his design talent to create an addition to building that he would be proud to show to his mother. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Confidential Communications The information contained in this e-mail message is intended only for the use of the individual or individuals named above. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately destroy AND notify us by telephone at 909.839.7058. Monday, August 21, 2006 America Online: LDMASSO Page 1 of 1 Subj: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Date: 8/11/2006 9:57:13 A.M. Pacific Standard Time From: LDMASSO To: maree.hoegg r@gmail.com Maree: I received the Fibergrate design guide, the City of LA research report regarding the Fibergrate product and the two connection details. The information provided will be helpful to the Building Department. Their function is to insure that the structure meets the requirements of the adopted building codes. The Planning Commission will be interested in the appearance of the end product as it can be observed from the public right-of-way. The details provided use terms such as "Stealth Screening with finish to match existing building" and "RF Trans. panel to match existing building - by others". I do not believe that the Planning Commission will be satisfied with the descriptions provided. A sample of the "RF Trans panel and the Stealth Screening material with finish to match existing building" would go a long way to clarify your architectural intentions. I am concerned that the proposed additions to the front or north side of the existing building are not consistent with the existing architectural detail. My current interpretation of the proposed screening is that it is not consistent with the existing architectural details. The screening as proposed will appear as an after thought and it will not blend in with the building architecture. The analogy that comes to mind is that what you are proposing on the north side of the building is similar to attaching a set of steer horns to the hood of a Cadillac. I suggest that your architect use his design talent to create an addition to building that he would be proud to show to his mother. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Friday, August 11, 2006 America Online: LDMASSO 0 Page 1 of 1 Subj: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Date: 8/11/2006 3:36:06 P.M. Pacific Standard Time From: maree.hoeger@gmail.com To: LDMASSO@aol.com, dconnell@connelldesigngroup.com CC: nanc_y_fong@ci.diamond-bar.ca.us, ann.lungu@ci.diamond-bar.ca.us, arnoldvalencia1@gmail.com I'm not sure how to make it clear, but nobody will ever know the antennas are there. Refer to the photosimulations, the elevation facing the freeway will not be different at all in appearance as the antennas will be inserted inside the existing parapet. The antennas mounted on the two sides of the building will also not be visible. We are only proposing to extend the EXISTING stairwell/architectural pop -outs 2 feet on each side. Nobody will notice there has been anything done up there. There will be no differentiation between the existing features and the "add-on" portions. It will be one cohesive architectural feature still. I don't know how you can say it will look like the steer horns of a cadillac, because those look different than the car they are going on. Our project will NOT look any different than what is there, we are using the exact same finishing materials and following the exact same details of the existing architectural features we are proposing to use. Dan, please read the comments below and modify the plans to somehow show that the proposal will NOT impact the existing building features and that nobody will even know it happened, and that it will not negatively alter the appearance of the building. I don't know, add details, add as much information as POSSIBLE. Make them CDs at this point so the Planning Commission and staff understands that this project will be virtually unrecognizable. Thanks. Maree On 8/11/06, LDMASSO@aol.com <LDMASSO@aol.com> wrote: Maree: I received the Fibergrate design guide, the City of LA research report regarding the Fibergrate product and the two connection details. The information provided will be helpful to the Building Department. Their function is to insure that the structure meets the requirements of the adopted building codes. The Planning Commission will be interested in the appearance of the end product as it can be observed from the public right-of-way. The details provided use terms such as "Stealth Screening with finish to match existing building" and "RF Trans. panel to match existing building - by others". I do not believe that the Planning Commission will be satisfied with the descriptions provided. A sample of the "RF Trans panel and the Stealth Screening material with finish to match existing building" would go along way to clarify your architectural intentions. I am concerned that the proposed additions to the front or north side of the existing building are not consistent with the existing architectural detail. My current interpretation of the proposed screening is that it is not consistent with the existing architectural details. The screening as proposed will appear as an after thought and it will not blend in with the building architecture. The analogy that comes to mind is that what you are proposing on the north side of the building is similar to attaching a set of steer horns to the hood of a Cadillac. I suggest that your architect use his design talent to create an addition to building that he would be proud to show to his mother. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 VK VACW Friday, August 11, 2006 America Online: LDMASSO Page 2 of 2 Maree: Because of the contractual agreement between the City and the Gateway Center Association, we need their conditions of approval before the project is presented to the Planning Commission. I will recommend that the project be continued to September 12 or 26 based on your request and ability to deliver the needed material. I would like to have a written request for the continuance. I would like to meet with you or you and your designer. The plans lack detail and representation of the material that will be used to screen the equipment and antennas. A brief discussion may be helpful in defining how you intend to achieve your intended goal. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Friday, August 11, 2006 America Online: LDMASSO Page 1 of 2 Subj: Fwd: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Date: 8/10/2006 5:56:51 P.M. Pacific Standard Time From: maree.hoeggLr@gmail.com To: LDMASSO@aol.com Did you get this email from our architect? I had him attached details that show how it will be constructed. Would you like me to revise our plans to include these for our proposal? Also, what is going on with Cingular? Are we meeting with them? We definitely want to go to the second meeting in September. Thanks Maree Forwarded message ---------- From: Dan Connell<dconnell@connelldesigngroup.com > Date: Aug 7, 2006 6:43 PM Subject: RE: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) To: Maree Hoeger <maree.hoeger@gmail.com>, LDMASSO@aol.com Cc: ann.lungu@ci.diamond-bar.ca.us Maree, Attached are some details and information about the proposed antenna screening. We have used this system on many wireless projects. Thanks, Dan Connell, P.E. Connell Design Group, LLC 4685 MacArthur Court, Suite 480 Newport Beach, CA 92660 949.753.8807 Office 949.306.4644 Mobile 949.753.8833 FAX From: Maree Hoeger [mailto:maree.hoeger@gmail.com] Sent: Thursday, July 27, 2006 2:01 PM To: LDMASSO@aol..com Cc: ann.lungu@ci.diamond-bar.ca.us; Dan Connell Subject: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) David, I talked about your concern regarding the screening materials with my architect today. He is going to e-mail you a detail on this. Essentially, the antennas will be placed behind fiberglass screens which will then be covered in stucco and paint to match the building. The equipment cabinets will also be screened by a box, using steel studs just like the hotel itself, and then covered with stucco and paint to match as well. The addition of the antennas will not be noticeable in any way as the screening will look just like the existing building, it will be a seamless addition to what is already existing. Thanks. Maree On 7/26/06, LDMASSO@aol.com <LDMASSO@aol.com> wrote: Friday, August 11, 2006 America Online: LDMASSO Page 1 of 1 Nancy Fong From: LDMASSO@aol.com Sent: Tuesday, August 08, 2006 2:35 PM To: Nancy Fong; Ann Lungu; Stella Marquez Subject: (no subject) I talked to Maree Hoeger, the applicant for the cell site at the Gateway Center. She said that continuing the application to September 26, 2006 is acceptable. She wants to move forward on her application for Peterson Park. I will try to set a meeting between her group and the Cingular representatives. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 8/8/2006 0 0 Page 1 of 2 Subj: RE: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Date: 8/7/2006 6:38:48 P.M. Pacific Standard Time From: dconnell@conne_lldesigngroup.com To: maree.hoeger@gmail.com, LDMASSO@aol.com CC: ann.lungu@ci.diamond-bar.ca.us Maree, Attached are some details and information about the proposed antenna screening. We have used this system on many wireless projects. Thanks, Dan Connell, P.E. Connell Design Group, LLC 4685 MacArthur Court, Suite 480 Newport Beach, CA 92660 949.753.8807 Office 949.306.4644 Mobile 949.753.8833 FAX From: Maree Hoeger [mailto:maree.hoeger@gmail.com] Sent: Thursday, July 27, 2006 2:01 PM To: LDMASSO@aol.com Cc: ann.lungu@ci.diamond-bar.ca.us; Dan Connell Subject: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) David, I talked about your concern regarding the screening materials with my architect today. He is going to e-mail you a detail on this. Essentially, the antennas will be placed behind fiberglass screens which will then be covered in stucco and paint to match the building. The equipment cabinets will also be screened by a box, using steel studs just like the hotel itself, and then covered with stucco and paint to match as well. The addition of the antennas will not be noticeable in any way as the screening will look just like the existing building, it will be a seamless addition to what is already existing. Thanks. Maree On 7/26/06, WMASSO@aol.com <LDMASSO@aol_com> wrote: Maree: Because of the contractual agreement between the City and the Gateway Center Association, we need their conditions of approval before the project is presented to the Planning Commission. I will recommend that the project be continued to September 12 or 26 based on your request and ability to deliver the needed material. I would like to have a written request for the continuance. I would like to meet with you or you and your designer. that will be used to screen the equipment and antennas intend to achieve your intended goal. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 The plans lack detail and representation of the material A brief discussion may be helpful in defining how you Friday, August 11, 2006 America Online: LDMASSO EsIt I /oc 0 0 t F V4LA ff [ b Er -7, <,- PAJ F - PAA -T L— a Page 1 of 1 Ann Lungu From: LDMASSO@aol.com Sent: Monday, July 31, 2006 11:41 AM To: Ann Lungu; Nancy Fong Subject: DR 2006-20 Request for Continuance Nancy & Ann: The applicant has requested that this item be continued to the Planning Commission Meeting of September 12, 2006. Ms. Hoeger is on vacation and I have not received a written request. Although she did send an email requesting the continuance. The Gateway Corporate Center Association will not meet until the later part of August to review the revised plans. I have attached the staff report for your review and comment. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 7/31/2006 Page 1 of 1 Ann Lungu From: LDMASSO@aol.com Sent: Monday, July 31, 2006 11:13 AM To: maree.hoeger@gmail.com; Ann Lungu Subject: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Maree: I order to complete the staff report recommending a continuance of the project to September 12, 2006, 1 will need a letter from the applicant requesting the continuance. Do you think that the letter can be provided by Wednesday of this week? David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 0 350 Commerce, Suite #200, Irvine, CA 92602-1302 Phone: 949-730-3100 Fax: 949-730-3200 July 31, 2006 Ms. Nancy Fong Planning Director City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 0 RE: 21725 E. Gateway Center Drive — Request for Continuance Dear Ms. Fong: On behalf of the applicant, I am requesting that the project be continued to the September 12, 2006 hearing. We are currently working with the Gateway Business Association to receive comments/approval of the project. It will take a month for the Association to process our application. Please feel free to call me at (949) 280-2531 if you have any questions. Sincerely, Maree Hoeger Core Communications Authorized Agent To: +1-9094766086 Page 1 of 1 0 2923 Saturn St. Brea, CA. 92821 714) 729-8404 Office 909) 938-3220 Mobile 714) 333-4441 Fax e-mail: amoldvalencial as email.com July 31, 2006 Diamond Bar Planning Commission 21825 Copley Drive Diamond Bar, CA. 91765 2006-07-31 22:46:04 (GMT) 17143334441 From: John Koos Core Communications Group 006 Authorized representative for Royal Streetcm .. Communications, a.k.a. METRO PCS To Whom It May Concern:: Royal Street Communications / Metro PCS is requesting that case # BR 2006-20 for the wireless communications project located at 21725 E. Gateway Center Drive, be continued to the planning commission scheduled for September 12, 2006. If you should have any questions, please feel free to reach me at (909) 938-3220. Sincerely, Arnold Valencia Core Communications Group Agent for Metro PCS/Royal Street Communications Ann Lungu From: Maree Hoeger [maree.hoeger@gmail.com] Sent: Thursday, July 27, 2006 1:53 PM To: LDMASSO@aol.com Cc: Ann Lungu; dconnell@connelldesigngroup.com Subject: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond .Bar) David, Page 1 of 1 I talked about your concern regarding the screening materials with my architect today. He is going to e- mail you a detail on this. Essentially, the antennas will be placed behind fiberglass screens which will then be covered in stucco and paint to match the building. The equipment cabinets will also be screened by a box, using steel studs just like the hotel itself, and then covered with stucco and paint to match as well. The addition of the antennas will not be noticeable in anyway as the screening will look just like the existing building, it will be a seamless addition to what is already existing. Thanks. Maree On 7/26/06, LDMASSO@aot.com <LDMASSO a aol.com> wrote: Maree: Because of the contractual agreement between the City and the Gateway Center Association, we need their conditions of approval before the project is presented to the Planning Commission. I will recommend that the project be continued to September 12 or 26 based on your request and ability to deliver the needed material. I would like to have a written request for the continuance. I would like to meet with you or you and your designer. that will be used to screen the equipment and antennas intend to achieve your intended goal. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 7/27/2006 The plans lack detail and representation of the material A brief discussion may be helpful in defining how you 0 Page 1 of 1 Subj: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Date: 7/26/2006 3:58:17 P.M. Pacific Standard Time From: maree.hoeger@gmail.com To: LDMASSO@aol.com David, I am going to have my architect, Dan Connell, call you to discuss the design details. You can feel free to call him as well. His # is (949) 753-8807. He can add any additional details you would like to see on the plans. Thanks. Maree On 7/26/06, LDMASSO@aol.com <LDMASSO@aol.com> wrote: Maree: Because of the contractual agreement between the City and the Gateway Center Association, we need their conditions of approval before the project is presented to the Planning Commission. I will recommend that the project be continued to September 12 or 26 based on your request and ability to deliver the needed material. I would like to have a written request for the continuance. I would like to meet with you or you and your designer. The plans lack detail and representation of the material that will be used to screen the equipment and antennas. A brief discussion may be helpful in defining how you intend to achieve your intended goal. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Wednesday, July 26, 2006 America Online: LDMASSO Pagel of 3 Subj: Fwd: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Date: 7/26/2006 11:45:16 A.M. Pacific Standard Time From: maree_hoeger@gmail.com To: LDMASSO@aol.com, ann.lungu@ci.diamond-bar.ca.us David/Ann; Sandra Deeds at the Association responded today. I will have to submit the information and filing fee she stated below for the Board to review. It will take a month for the review process. At this point, can we be put on the Planning Commission agenda for one of the meetings in September assuming the Board review and approval will be issued in August? Thank you Maree Forwarded message ---------- From: Sandra Deeds <sdeeds@themullercompany.com> Date: Jul 26, 2006 9:28 AM Subject: RE: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) To: Maree Hoeger <maree.hoeger@gmail.com> Dear 91,1aree, You need to submit the plans along with a $300.00 check to Gateway Corporate CenterAssociation. Please send it to my office at 2900 Adams Street, Riversides, CA 92504. 7lie 6oard of Directors will then have 30 days to review the plans and then respond ifyou should have any questions, please do not hesitate to contact me. Thanks! Sincerely Sandra L. Deeds Senior Property Manager The Muller Company 951-687-2900 951 687-2961 (fax) Sdeedscthem ullercompany.com From: Maree Hoeger [mailto: maree.hoeger@gmail.com] Sent: Tuesday, July 25, 2006 8:08 PM To: sdeeds@themullercompany.com Subject: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Wednesday, July 26, 2006 America Online: LDMASSO Page 2 of 3 Hi Sandra, In addition to the plans I sent you last week, attached are photosimulations of the project at the Holiday Inn so you can clearly see the minimal visual impact that the project will have. Please let me know if I can provide you anything else in order to obtain Association approval. Thank you. Maree Hoeger Core Communications 949) 280-2531 On 7/21/06, Maree Hoeger < maree.hoeger cr gmail.com> wrote: Hi Sandra, I represent Royal Street Communications/MetroPCS, who is proposing to install a new wireless communications facility on the roof of the Holiday Inn in Diamond Bar at 21725 E. Gateway Center Drive. The City informed us that we need the Gateway Association's approval prior to our Planning Commission hearing in late August. I have attached our plans showing the proposed project design. We are proposing to install a total of 6 antennas and 4 equipment cabinets on the roof of the hotel. All of the antennas and equipment will be fully screened from view. Of the 6 antennas, 2 will be installed inside the existing parapet on the north facing elevation. The other 4 will be installed on the east and west facing elevations behind 2 -foot screen extensions at the stairwell feature. The equipment will be fully enclosed in between the highest parapet elements on the roof. All screening will be textured (stucco) and painted to match the existing building. Please let me know what I need to do at this point to obtain approval from the Association so that we may proceed to the Planning Commission for project approval. I can be reached at (949) 280-2531 or via e-mail. I will be glad to provide any additional information you need. Wednesday, July 26, 2006 America Online: LDMASSO Page 3 of 3 Thank you very much. Maree Hoeger Zoning Manager Forwarded message ---------- From: Ann Lungu < Ann.Lungu@ci.diamond-bar.ca.us> Date: Jul 17, 2006 7:59 AM Subject: FW: DR 2006-06 Hearing Notice (LA0451 Holiday Gateway) To: maree.lioeger@gmail.comgmail.com Hi Maree: The contact person is Sandra Deeds — 951-687-2900. The approval of Gateway is required prior to the PC public hearing. Hope this helps. Ann Original Message ----- From: Maree Hoeger (maiito: maree.hoeger@gmail.com] Sent: Friday, July 14, 2006 4:44 PM To: Ann Lungu Subject: Fwd: DR 2006-06 Hearing Notice (LA0451 Holiday Gateway) 909.839.7058. Wednesday, July 26, 2006 America Online: LDMASSO Page 1 of 1 Ann Lungu From: LDMASSO@aol.com Sent: Wednesday, July 26, 2006 3:41 PM To: maree.hoeger@gmail.com; Ann Lungu Subject: Re: DR 2006-06 Hearing Notice (21725 E. Gateway Center -Diamond Bar) Maree: Because of the contractual agreement between the City and the Gateway Center Association, we need their conditions of approval before the project is presented to the Planning Commission. I will recommend that the project be continued to September 12 or 26 based on your request and ability to deliver the needed material. I would like to have a written request for the continuance. I would like to meet with you or you and your designer. The plans lack detail and representation of the material that will be used to screen the equipment and antennas. A brief discussion may be helpful in defining how you intend to achieve your intended goal. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 7/26/2006 Page 1 of 1 Subj: Revised Photosimulations - 21725 E. Gateway Center Dr. (Holiday Inn) Date: 7/25/2006 8:06:14 P.M. Pacific Standard Time From: maree.hoeger@gmail_.com To: LDMASSO@aol.com, ann.lungu@ci.diamond-bar.ca.us Hi David/Ann: Attached are revised photosimulations for the project. I have e-mailed the plans and photosims to Sandra Deeds at the Gateway Associate Group as well as left her a voicemail. I am waiting for her to respond. Thank you. Maree Wednesday, July 26, 2006 America Online: LDMASSO Page 1 of 1 Ann Lungu From: LDMASSO@aol.com Sent: Thursday, July 20, 2006 10:18 AM To: maree.hoeger@gmail.com; Ann Lungu Subject: Re: Case No. 2006-06 - 21725 E. Gateway Center Drive - Revised Project Plans Maree: The Community Development Director would like to know the results of your submittal to the Gateway Corporate Center Owner's Associates. Their comments will be important to the Planning Commission. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 7/20/2006 0 0 Page 1 of 1 Subj: Case No. 2006-06 - 21725 E. Gateway Center Drive - Revised Project Plans Date: 7/20/2006 9:18:26 A.M. Pacific Standard Time From: maree.hoeger@gmail.com To: ann.lungu@ci.diamond-bar.ca.us, LDMASSO@aol.com Hi Ann/David, Attached are revised project plans for Royal Street Communication's application for a new wireless communication facility at the Holiday Inn. We have made the following revisions to the project in order to better screen the facility: 1. The microwave dish has been eliminated. 2. The two antennas proposed on the north elevation of the building have been re -located. They are now inside the existing parapet so that they will be fully invisible. The existing appearance of the north building elevation will remain unchanged. 3. The two sets of antennas on the east and west elevations of the building have been re -located. We are now proposing to extend the existing stairwell projection feature 2 feet on each side and place the antennas inside the extensions. This will serve to fully conceal the antennas and the appearance of the building will be only minimally altered. It will only appear that the projection has been enlarged by a total of 4 horizontal feet from bottom to top, but remain as one cohesive architectural feature. 4. The equipment cabinets have been re -located to the center of the roof, in between the tallest parapet elements, in order to maximize screening. We also propose to build a screen wall around all sides of the equipment and stucco/paint to match the building. This will create a penthouse type feature on the roof. It will also serve to hide Nextel's existing exposed equipment from the view of the office buildings to the southwest of the site. I will be delivering 5 full size sets to the Planning Department this afternoon in accordance with David's previously stated deadline. Please let me know if you have any questions or comments. Thank you both very much! Maree Hoeger Core Communications 949) 280-2531 Thursday, July 20, 2006 America Online: LDMASSO Page 1 of 1 Subj: Re: DR 2006-06 Hearing Notice Date: 6/30/2006 4:58:06 P.M. Pacific Standard Time From: maree.hoeger@gmail_com To: LD_MASSO@ao.l.com Thank you so much! We will shoot for 8/8. What will you need in terms of my re -submittal, just 5 sets of plans and photosims first? And, what date do you need them by for us to make the 8/8 meeting? On 6/30/06, LDMASSO@aol.com_ <LDMASSO@aol.com> wrote: I Maree: Screening around the roof mounted equipment should meet the City's requirements. Make an effort to blend the screening in with the building architecture. I will recommend that the item be continued to August 8, 2006. 1 will be on vacation August 10 through August 20. If the item is not in order for the August 8th Meeting it could be continued if such a continuance is requested by the applicant. September 12, 2006 would be the recommended date. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 MASSO Carol Herrera Mayor Bob Zirbes Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Recycled paper July 12, 2006 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 Ms. Maree Hoeger Core Communications Group 1028 Saga Street Glendora, CA 91741 909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com VIA CERTIFIED MAIL U -Store It, LP 6745 Engle Road, Suite 300 Cleveland, OH 44130 Re: Conditional Use Permit No. 2006-06 and Development Review No. 2006-09 for property located at 275 S. Prospectors Road, Diamond Bar, CA Dear Applicants: On June 27, 2006, the City of Diamond Bar approved the above - referenced project. Enclosed please find a certified copy of Planning Commission Resolution No. 2006-23 for your records and an Affidavit of Acceptance for the Resolution. Please have the Affidavit signed and notarized and return it to the Planning Division at the address located above. Thank you for your cooperation. Should you have any questions, please contact me at (909) 839-7030. Sincerely, Stella Marquez Senior Administrative Assistant to Dave Meyer, Planning Consultant cc: Public Works Division Building and Safety Division Enclosures 350 Commerce, Suite #200, Irvine, CA 92602-1302 Phone: 949-730-3100 Fax: 949-730-3200 July 6, 2006 Ms. Nancy Fong Planning Director City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 E 1, FtLA it I RE: 21725 E. Gateway Center Drive — Request for Continuance Dear Ms. Fong: After discussions with staff, the applicant is requesting that the project be continued from the July 11, 2006 Planning Commission hearing to the August 8, 2006 hearing. Upon staff recommendation, the applicant is looking into design alternatives that will better sr;;-r;gn the proposed facility. Please feel free to call me at (949) 280-2531 if you have any questions. Sin;,.erely, Maree Hoeger Core Communications Authorized Agent Page 1 of 1 Subj: Re: DR 2006-06 Hearing Notice Date: 6/30/2006 10:11:43 A.M. Pacific Standard Time From: LDMASSO To: maree,.hoege_r@gma l._.co. m Maree: We have scheduled the Planning Commission hearing for the 11 th of July. I am looking for feedback from the Planning Commission regarding this project as proposed. From my review of the plans, I am of the opinion that the roof mounted equipment is not screened and will be visible to the buildings at the higher elevations to include the parking lot of the City Hall. The six antennas located on the face of the building are not consistent with the existing building architecture. The end result will be accessory elements that will detract from the building architecture. You may wish to have your design team explore grouping the antenna on the northeasterly building elevation and constructing an addition to the facade that blends in with the existing architecture. The roof mounted equipment should be screened. Perhaps the Planning Commission could give more direction. The proposal as submitted appears to be a perpetuation of the design mistakes made by previous Planning Commissions regarding this building. You have a opportunity to establish design sensitivity that could establish a new trend in the appearance of wireless communication antennas in the community. I will be happy to work with you in creating a proposal that meets or exceeds the expectations of the City. Give me a call if you want to develop a strategy in the presentation to the Planning Commission. I can be reached at (909) 476-6006, extension 102 or my cell phone number is (909) 709-1915. David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Friday, June 30, 2006 America Online: LDMASSO Page 1 of 2 Subj: Re: DR 2006-06 Hearing Notice Date: 6/29/2006 4:56:30 P.M. Pacific Standard Time From: maree. ho.epgpr@gmaii..._com To: LDSSO@a.ol.com CC: ann.lungu@ci.diamond-bar,ca.us arnoldvalencia1,_@gmail.com I received the public notice in the mail today, I also posted it on the poster at the site nearest to the west end driveway BUT we definitely want to request a continuance if the staff recommendation is for denial. Just to note though, the antennas will not be visible, they will be fully enclosed in screens that will be stucco and painted to match the hotel, just like the pop -out elements that occur on all sides of the hotel now. They will be fully screened much like the screening for the U -Store -It on Prospectors Road but on the facade of the parapet, rather than extending above the roof line, which makes it less noticeable. Also, the equipment will not be visible from any pedestrian level view, nor do we believe it will be visible from the office building up the hill b/c the 3rd floor of that building is at eye level with the hotel and the parapet extension will be blocking the view of the equipment cabinets. If it would help our case, we could have another line -of -sight done from the higher elevation to show this. Please let me know how the City intends to proceed with respect to the July 11 th meeting. Any and all suggestions to resolve the matter would be much appreciated as well. Thank you. Maree On 6/26/06, Maree Hoeger <maree.._hoeger@gmail com> wrote: David, We do not want to go to the Planning Commission hearing with a staff recommendation for denial, so please remove us from the agenda if that is the case. This is the first I am hearing of any issues you and/or the city are having with this project. I have not received any correspondence on the project until this e-mail. At this point I am requesting that you send me a letter stating the issues so that we can resolve them in order to get a recommendation for approval when it goes to the Commission. I am more than willing to work with you and staff to make this a project that will work for the city as well as my client. Thank you. Maree Hoeger Core Communications 949) 280-2531 On 6/26/06, LDMA.SSO@aol Porn <LDMAS' SO@aol.com> wrote: Maree: The project at 21725 Gateway Center Drive, Diamond Bar is scheduled for a public hearing on July 11, 2006 at 7:00 p.m. The notice is attached. Please post the property by July 1, 2006. The City will need 20 copies of the plans. The 11 x 17 variety should be acceptable. The antenna, the equipment cabinets an the surface mounted antenna will be visible to the up -hill office building. Very little information has been provided to assure the Planning Commission that the equipment will be properly screened or that it will blend in with the architecture of the building. I will examine the plans more thoroughly, however, at this point in time I am inclined to recommend denial of the project as submitted. Friday, June 30, 2006 America Online: LDMASSO 0 0 I can be reached at (909) 476-6006, extension 102 David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 Fax. (909) 476-6086 Forwarded message ---------- From: "Jackie MacLaughlin" <jmaclaughjin@mdg-ldmcom_> To: <Idmass.o...@aol.,com > Date: Mon, 26 Jun 2006 15:21:09 -0700 Subject: NPH Diamond Bar Jackie MacLaughlin Project Assistant jmaclaughhn@Mdg- Wm. .com MDG-LDM Associates, Inc. 1072.2__ Arrow_ Rte., Ste.822 Rancho Cucamonga, CA 91730 tel: 909 476-9696 ext 220 fax: 909476-6( Addi e to your addressb, ck... Want a. signature like._this? Friday, June 30, 2006 America Online: LDMASSo Page 2 of 2 rl LLDM Associates- Inc. June 28, 2006 To Whom It May Concern: This to certified, I Franie Meyer, (consultant for LDM Associates, Inc) On June 28, 2006 mailed the following Notices of hearing: DR 2006-20 (8 Notices) Project Address: 21725 E. Gateway Center Dr. r e Meyer 10722 Arrow Route c Suite 822 o Rancho Cucamonga o California 91730 (909) 476-6006 o Fax (909) 476-6086 Page 1 of 2 Ann Lungu From: Maree Hoeger [maree.hoeger@gmail.com] Sent: Monday, June 26, 2006 6:50 PM To: LDMASSO@aol.com Cc: Ann Lungu; Arnold Valencia Subject: Re: DR 2006-06 Hearing Notice David, We do not want to go to the Planning Commission hearing with a staff recommendation for denial, so please remove us from the agenda if that is the case. This is the first I am hearing of any issues you and/or the city are having with this project. I have not received any correspondence on the project until this e-mail. At this point I am requesting that you send me a letter stating the issues so that we can resolve them in order to get a recommendation for approval when it goes to the Commission. I am more than willing to work with you and staff to make this a project that will work for the city as well as my client. Thank you. Maree Hoeger Core Communications 949) 280-2531 On 6/26/06, L,DMASSO cr aol.com <LDMASSO a,aol.com> wrote: Maree: The project at 21725 Gateway Center Drive, Diamond Bar is scheduled for a public hearing on July 11, 2006 at 7:00 p.m. The notice is attached. Please post the property by July 1, 2006. The City will need 20 copies of the plans. The 11 x 17 variety should be acceptable. The antenna, the equipment cabinets an the surface mounted antenna will be visible to the up -hill office building. Very little information has been provided to assure the Planning Commission that the equipment will be properly screened or that it will blend in with the architecture of the building. I will examine the plans more thoroughly, however, at this point in time I am inclined to recommend denial of the project as submitted. i j I can be reached at (909) 476-6006, extension 102 David Meyer, AICP LDM Associates 10722 Arrow Rte. Suite 822 I Rancho Cucamonga, CA 91730 Off. (909) 476-6006, extension 102 i Fax. (909) 476-6086 Forwarded message ---- 6/27/2006 From: "Jackie MacLaughlin" <jmacla gbjin@.mdg-ldm.com> To: <Idmasso@aol.com > Date: Mon, 26 Jun 2006 15:21:09 -0700 Subject: NPH Diamond Bar Jackie MacLaughlin Project Assistant i mada Lig h I in (SK) mdq - Idni.com Add me to your address book... 6/27/2006 MDG-LDM Associates, Inc. 1.0722 Arrow Me- Ste 822 Rancho Cucamonga, CA 91730 tel: 909 476, 9696 ext 220 1 fax: 909 476-60< Want a s;gnature like this? Page 2 of 2 ri LLDM Associates o Inc. June 13, 2006 To Whom It May Concern: This to certified, I Franie Meyer, (consultant for LDM Associates, Inc) On June 13, 2006 mailed the following Notices of hearing: DR 2006-10 (219 Notices) Project Address: 275 S. Prospectors Rd. Diamond Bar, CA 91765 ranie Meyer 10722 Arrow Route • Suite 822 - Rancho Cucamonga • California 91730 (909) 476-6006 • Fax (909) 476-6086 MEMORANDEM • • Page I of 2 Subj: FW: 21725 Gateway Center DR --Cell Site Date: 5/30/2006 9:39:14 A.M. Pacific Standard Time From: Ann_Lungu@ci.diamond-bar.ca_us To: Idmasso@aol.com David, For you. Ann Original Message ----- From: Dennis Tarango Sent: Tuesday, May 30, 2006 8:48 AM To: Ann Lungu; Dennis Tarango; 'boots@djengineering.com' Subject: 21725 Gateway Center DR --Cell Site TO: ANN LUNGU, PLANNING DIVISION FROM: DENNIS TARANGO, BUILDING OFFICIAL DATE: 5/30/06 SUBJECT: 21725 GATEWAY CENTER DR. CELL SIITE MEMORANDUM Per your request, the Building Division has reviewed the subject plans, below are the following recommendations: 1. Fire Department approval may be required. Please contact the Fire Department 2. The proposed project shall comply with the provisions of the 2001 California Building Co and 2004 NEC,. Specify type of construction and sprinkler system requirements. 3. Applicant shall submit drawings and calc's prepared by a licensed Architect/ Engineer with wet stamp and signature. 4. Project must be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc...) 5. Submit calculation for all roof mounted equipments, attachment details. The proceeding is a cursory review only for exposing any significant difficulties that may restrict this project as proposed. If you have any questions or comments, please contact the Building Department at (909) 839-7020 Thank you. Respectfully, Dennis Tarahgo Tuesday, May 30, 2006 America Online: LDMASSO MEMORANDEM • Page 2 of 2 Confidential Communications The information contained in this e-mail message is intended only for the use of the individual or individuals named above. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately destroy AND notify us by telephone at 909.839.7058. Tuesday, May 30, 2006 America Online: LDMASSO