HomeMy WebLinkAbout05/13/1997MAY 13, 1991
7:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Toe Ruzicka
Don Schad
Franklin Fong
Mike Goldenberg
Toe McManus
Copies of staff reports or other written documentation relating to agenda items are on file in the Community
Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection.
If you have questions regarding an agenda item, please call (909) 396 5676 during regular business hours.
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City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accomodation(s) in order to communicate at a City public meeting must inform the Community
Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting.
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The City o f Diamond Bar uses recycled paper
and encourages you to do the same.
CITY OF DIAMOND BAR
PLANNING COMMISSION AGENDA
Tuesday, May 13, 1997
Next Resolution No. 97-7
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice Chairman
Don Schad, Mike Goldenberg, Franklin Fong, and Joe
McManus
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity
to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for
the recordi� Secretary (Comnletion of this form is voluntaryl There is a five minute
maximum time limit when addressing the Plannine Commission.
3. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the agenda
by request of the Commission only:
3.1 Minutes of April 22, 1997
4. OLD BUSINESS: None
5. NEW BUSINESS: None
6. PUBLIC HEARING:
6.1 Conditional Use Permit No. 92-9(1) and Development Review No. 97-3 is a request
(pursuant to Code Section 22.28.110.A.) to alter the existing telecommunication
facility by adding a wall, mounted microwave dish and enlarging the wall mounted
cellular antennas.
Property Location: 23555 Golden Springs Dr., Diamond Bar, CA 91765
Property Owners: Carole Anderson, Torito Plaza Partnership, 23555 Golden
Springs Drive, Suite A, Diamond Bar, CA 91765
Environmental Assessment: The environmental evaluation shows that the proposed
revisions to the originally approved telecommunication facility is categorically
1
excempt, according to the California Environmental Quality Act (CEQA) of 1970,
and guidelines promulgated thereunder, pursuant to Section 15301(b).
RECOMMENDATION: Staff recommends that the Planning Commission approve
Conditional Use Permit No. 92-9(1) and Development Review No. 97-3, Findings
of Fact and conditions of approval as listed within the attached resolution.
7. PLANNING COMMISSION ITEMS:
8. INFORMATIONAL ITEMS:
8.1 Video Presentations:
a. "Streetscape and Commercial Center Rehabilitation"
b. American Planning Association, "A Foundation for the Future"
9. SCHEDULE OF FUTURE EVENTS:
CITY COUNCIL - May 20, 1997 - 6:30 p.m, AQMD Auditorium, 21865 E. Copley Drive
PARKS &RECREATION COMMISSION -May 22, 1997 - 7:00 p.m., AQMD Board
Hearing Room, 21865 E. Copley Drive.
TRAFFIC &TRANSPORTATION COMMISSION -June 12, 1997 - 7:00 p.m., AQMD
Board Hearing Room, 21865 E. Copley Drive.
10. ADJOURNMENT: Tuesday; May 27, 1997
z
MINUTES OF THE CITY OF DIAMOND BAR
EGULAR MEETING OF THE PLANNING COMMISSION
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:08 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by C/McManus.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad, and
Commissioners, Fong, Goldenberg and McManus.
Also Present: Community Development Director James
DeStefano, Senior Planner Catherine Johnson,
and Assistant Planner Ann Lungu.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Craig Clute stated his concerns regarding the Heritage Tract
Neighborhood Traffic study's definition of "through traffic" and
elimination of the red curbing on the west side of Fountain Springs
Road between Diamond Bar Boulevard and the Country Hills Towne
Center driveway.
C/McManus asked Mr. Clute for the two definitions of cut -through
traffic.
Mr. Clute responded to C/McManus that the traffic study indicates
that all Country Hills Towne Center traffic is "expected" traffic
in the neighborhood.
CONSENT CALENDAR:
1. Minutes of April 8, 1997.
VC/Schad made a motion, seconded by C/McManus, to approve the
minutes of April 8, 1997 as presented. The motion was
approved 5-0.
OLD BUSINESS - None
NEW BUSINESS - None
CONTINUED PUBLIC REARING:
1. Conditional Use Permit 96-10 and Development Review 96-9
(pursuant to Code Section 22.20.100) is a request for the
co -location of a telecommunications facility by two
service providers on a residential property and a request
for an amendment to Tract Map 42584, removing a
APRIL 22, 1997 PAGE 2 PLANNING COMMISSION
restriction from said map prohibiting vehicular ingress
and egress to Armitos Place. Continued from March 25,
1997.
Project Address: 24401 Darrin Drive (northwest corner
Darrin Drive and Armitos Place)
Applicants: Cox California PCS, Inc. 18200 von
Karman Avenue, Suite 100, Irvine, CA
92612 and Pacific Bell Mobile
Services, 5959 W. Century Boulevard,
Los Angeles, CA 90045
Property Owners: Eric and Robin Stone, 24401 Darrin
Drive, Diamond Bar, CA 91765
SP/Johnson presented the staff report. Staff recommends
that the Planning Commission approve Conditional Use
Permit No. 96-10 and Development Review No. 96-9,
Findings of Fact and conditions as listed within the
resolution.
SP/Johnson responded to Chair/Ruzicka that requests for
antennas) in excess of the three proposed antenna would
be subject to the public hearing process. A condition of
approval proposes the top of the antennas will be six
feet below the top of the hill.
Jeff McHaddad, Pacific Bell Mobile Services, explained
why the carriers chose the proposed site to co -locate
their antennas. He presented slides showing antenna
placement below grade and indicating the lack of visual
impact to neighboring residences. He asked that the
Planning Commission approve the project and delete the
condition requiring construction of a berm. He indicated
the carriers held a public meeting to address citizen's
concerns.
Mr. McHaddad responded to C/McManus that the closest
resident to the proposed facility is the applicant who is
approximately 150 feet from the facility.
Responding to C/McManus, Jim Marquez, Cox Communications,
stated the antennas are not visible to residences.
Therefore, the additional landscaping will mitigate any
opportunity for visual impact. A berm will have no
additional mitigating effect.
C/Fong asked if
the
antenna
will create visual
impact for
the residences
east
of the
proposed site.
Mr. Marquez
responded
to
C/.Fong that
the nearest
residence is
150 feet
from
the proposed
installation.
APRIL 22, 1997 PAGE 3 PLANNING COMMISSION
Landscaping will camouflage the site thereby eliminating
any visual impact.
Mr. McHaddad responded to C/Fong that the proposed
antennas are 6 inches wide.
Responding to VC/Schad, Mr. McHaddad reiterated that the
demonstration pole indicates the maximum antenna height.
He stated his understanding of the restriction removal
precludes the applicant from conducting activities in
addition to those allowed under the CUP and existing
zoning. The owner is providing split rail fencing around
the entire property. The applicant will provide security
fencing around the facility.
VC/Schad indicated he would like for the applicant to
around the security fence.
Mr: McHaddad explained to VC/Schad that some of the
native walnut trees may have to be thinned to provide
line -of -site transmission. A condition of approval
indicates the applicants will provide ongoing maintenance
for the site. The applicants intend to provide drought
tolerant landscaping such as holly oak. A 200 AMP panel
with a one 20 AMP breaker will be provided at the site.
Water will be provided to the site for vegetation
maintenance only.
Anthony Greer, Cox Communications, responded to VC/Schad
that each carrier uses approximately 300 watts of power.
Chair/Ruzicka reopened the public hearing.
Craig Clute asked the applicant to explain how the
landscaping will be irrigated until it takes hold and to
what extent the trees will be thinned, cut or removed.
He warned the residents to be concerned about visual
impacts. He asked if the site property could be sold,
divided or improved at any time. He stated his concerns
regarding EMF health risks. He asked what kind of backup
system will be provided for the facility.
Chair/Ruzicka stated that because he is also concerned
about safety risks with respect to EMF's, he contacted
The Environmental Protection Agency, The National
Institute of Health, The National Institute of
Environmental Health Services, Federal Communications
Commission, and The Motorola Consortium. He further
stated that all EMF studies indicate there is no
information available that EMF's are dangerous to humans.
Robert Zirbes stated he reviewed the project plans. He
indicated that although he agrees with the majority of
APRIL 22, 1997 PAGE 4 PLANNING COMMISSION,
staff s conditions, he feels a four foot high berm may
distract from the aesthetic qualities.
Responding to C/McManus, Mr. Zirbes indicated he believes
the additional landscaping would be warranted without the
berm.
Mel Davis stated that he spoke against the project at the
February Planning Commission meeting. With the current
revisions, he is still opposed to the project. He
indicated he is concerned about a potential proliferation
of antennas at the site. He asked who will provide the
ongoing landscape maintenance for the site and if the
neighborhood residents will be expected to pay for the
maintenance. He urged the Planning Commission to reject
the proposed facility.
Armando Gonzales stated he feels the revised proposal
addresses the visual impact concerns of the neighboring
residents. He said he has some concerns about the future
use of the site and the controlled growth of
communication devices. He indicated he hopes the City
will be more active with respect to the overall subject
of communication device installations.
Frank Schabarum, JM Consulting Group, asked that the
Planning Commission approve the project as presented. He
indicated that the planting and ongoing maintenance of
the project site landscaping is provided by the property
owner, Pacific Bell Mobile Services and Cox
Communications.
Dr. Jerrold Bushberg representing Pacific Bell Mobile
Services, concurred with Chair/Ruzicka's statement
regarding EMF's. The current FCC standard which will
become effective September 1, 1997, applies to all
existing as well as, new facilities, and provides a 50
fold safety margin. The proposed facility utilizes
approximately one microwatt which is about 1000 times
less than the standard.
Dr. Bushberg responded to VC/Schad that the effective
radiated power of the systems proposed for PBMS is about
300 watts. Collectively, the radiated system power is
about 900 watts. The system must provide a minimum
signal to insure minimum quality strength of the
signature at the fringe of the curvature. Currently,
there are no antennas that allow multiplexing.
Dan Noland told the Planning Commission about a public
safety incident that occurred in the area of the proposed
site. He favors the proposed communication facility.
APRIL 22, 1997 PAGE 5 PLANNING COMMISSION
Mary Ewen stated she is concerned that the project
installation will cause a negative precedent. She asked
that the Planning Commission consider a moratorium
against antenna installations while the City considers
the matter. She does not believe the installation will
benefit the City. She asked the transmission direction
of the antennas.
Tom Jackson stated he believes the project presents no
adverse visual impact to the surrounding residences and
that the best possible technology should be made
available to the citizens.
Bill Rafferty approves of the project and feels that
Diamond Bar should have improved technology available to
accommodate public needs.
Robin Stone stated she and her husband believe the
proposed project will benefit the Diamond Bar area and
presents no safety risks to her children or to the
families that live in her community. The low impact
project design as revised will present no adverse
aesthetic impact to the surrounding residents and
visitors to the area. The location of the site will
provide critical cellular phone needs.
Helen Arlene Britt said she feels the City and the
applicants have worked to accommodate the resident's
needs. She believes the revised plans are an improvement
over the previous plans which incorporated a barn
structure. She stated that EMF studies have not been
completed and she is concerned that a proliferation of
antennas may present a public safety concern. She asked
that the City provide for the installation of allergy
free plants.
Mrs. Britt responded to C/Goldenberg that she has
reservations and concerns. However, she can accept the
revised project because the applicant has made an effort
to do the right thing.
Mr. Greer indicated the antennae are pointed up and down
the 60 Freeway and away from homes.
Mr. Marquez stated cellular installations are no more
considered a commercial use than cable television or
telephone installations. The proposed installation will
benefit subscribers and emergency services. He asked
that the Planning Commission approve the project with
conditions listed by staff with the exception that the
only condition relating to visual impact will be the
added vegetation with no importing of additional soil for
APRIL 22, 1997 PAGE 6 PLANNIft;COMMISSION
c'
a berm and that the antennas do not have to be lowered
any further than six feet below the top of the hill.
Mr. Marquez responded to C/Fong that Pacific Bell Mobile
Services and Cox Communication would not be opposed to
co -locating other company's antennas at the site. Future
applicants would need to prove that they would not
interfere with the current installation and present their
project to the City for public hearing.
Responding to VC/Schad, Mr. Marquez indicated 24 volt
closed cell batteries will provide the backup system.
C/Goldenberg asked what provisions are made to the City
upon expiration of the applicant's two year landscape
maintenance bond. He indicated to Mrs. Yuen that many
commercial ventures are located in the City's residences.
He requested an explanation of the citizen's petition
against the project.
CDD/DeStefano responded to C/McManus that if the Planning
Commission approves this project and a future applicant
wishes to place antennas at the site, the resolution
provides that an amendment to the Conditional Use Permit
is subject to the Planning Commission public hearing
process.
CDD/DeStefano responded to C/Fong that the CUP resolution
does not require the applicants to cooperate with other
cellular service providers.
Chair/Ruzicka closed the public hearing.
C/Goldenberg moved, C/McManus seconded, to approve
Conditional Use Permit No. 96-10 and development Review
No. 96-9, Findings of Fact and conditions as listed
within the resolution subject to the following
corrections and amendments: Page 4, Finding J, sentence
one to read as follows: "The proposed removal of the map
restriction is not of significant benefit to the City."
Modify Condition K on Pages 6 and 7 to eliminate the
berm, retain the landscaping conditions language. Add
the following to Condition B. Page 5: "the permanent
maintenance of the landscaping by the applicant."
C/Fong proposed the motion be amended to provide a
binding agreement in the resolution that the applicants
cooperate with future cellular providers to co -locate
their facilities at the site.
Mr. Marquez stated the tri-lateral lease provides non -
exclusivity. other similar types of business are not
restricted from enjoying the property aspects. He
APRIL 22r 1997 PAGE 7 PLANNING COMMISSION
offered to provide evidence to the City's Planning
Division and suggested that the condition be subject to
the review of the Director of the city's Planning
Division, that the applicant can provide evidence that
they are receptive to co -location.
C/Goldenberg stated he wishes to let the motion stand as
stated since the applicants have provided for co -location
within their lease. He favors incorporating a city-wide
cellular site plan rather than encouraging additional
installations at this time.
C/Goldenberg responded to C/Fong that it is in the best
interests of the applicants to encourage other vendors to
co -locate their facilities. With respect to additional
sites, the City should consider a cell site plan within
the City.
Mr. Marquez asked if Condition K, Pages 6 and 7, is
sufficiently amended to provide for the elimination of
Condition L on Page 7.
Mr. Marquez responded to VC/Schad that the applicant's
engineers have indicated that the top of the antennas
should be placed no lower than flat pad level and that
lower installations would not be effective.
CDD/DeStefano restated the motion.
Mr. Marquez reiterated to Chair/Ruzicka that the
equipment will not operate at a point six feet below the
flat pad without significant reduction of transmission
levels.
Responding to VC/Schad, Mr. Marquez indicated the
applicant will accept lowering the top of the antennas to
flat pad level.
C/McManus stated his understanding that the applicant's
proposed antenna would not be below six feet below grade
and that the poles depicted in the photographs were
placed at grade level. The poles placed at the height of
grade level were not visible at grade level and the
landscaping is proposed to mitigate any potential visual
impact.
C/McManus proposed that the motion under consideration be
amended to include the elimination of Condition L, Page
7.
C/Goldenberg agreed to amend his motion to include the
elimination of Condition L, Page 7.
APRIL 22, 1997
PAGE 8
CDD/DeStefano restated the motion as follows: To approve
Conditional Use Permit No. 96-10 and Development Review
No. 96-9, Findings of Fact and conditions as listed
within the resolution subject to the following
amendments: Amend Page 4, Finding J, regarding the map
restriction; amendment to Condition 5. (b) on Page 5
adding the "permanent maintenance of the property and
landscaping"; amendment to Condition K, Page 6 and 7,
eliminating the two sentences that discuss berming;
elimination of Condition L, Page 7; and re -alphabetize
the conditions accordingly.
C/Goldenberg responded to C/Fong that in his opinion,
appropriate landscaping will provide a much improved
aesthetic view over the proposed four foot high berm.
CDD/DeStefano responded to C/Fong that the applicant has
indicated that earth removed from the equipment pad would
be utilized to create a small berm on the flat pad at the
top of the hill.
C/Goldenberg agreed to amend his motion to amend
Condition K to provide that the earth removed from the
equipment pad will be used to create a small berm on the
flat pad at the top of the hill.
C/Fong stated that the condition pertaining to tree
thinning should specifically stipulate that the shape of
the trees will not be significantly altered.. Referring
to plan drawing A-1, he asked why certain trees are
slated for removal.
Mr. Marquez stated the tree thinning is at the discretion
of the City's Director of Planning. No trees are slated
to be removed.
The motion was approved with the following Roll Call
vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
PLANNING COMMISSION ITEMS - None
INFORMATIONAL ITEMS - None
SCHEDULE OF FUTURE EVENTS:
GoldenbergMcManus
As presented in the meeting agenda.
APRIL 22o 1997 PAGE 9 PLANNING COMMISSION
ADJOURNMENT:
There being no further business to come before the Planning
Commission, VC/Schad moved, C/McManus seconded, to adjourn the
meeting. Chair/Ruzicka adjourned the meeting at 9:38 to May 13,
1997.
Respectfully Submitted,
James DeStefano
Community Development Director
Attest:
Joe Ruzicka
Chairman
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:.
PROPERTY OWNERS:
APPLICANT:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
57f1
April 29, 1997
May 13, 1997
Conditional Use Permit
No. 92-9(1) and
Development Review No.
97-3
Request
to alter the
existing
telecommun-
ication
facility by
adding a
wall mounted
microwave
dish and en-
larging the wall mounted
cellular antennas.
23555 Golden Springs
Drive
Carole
Anderson
Torito
Plaza Partnership
23555
Golden Springs
Drive,
Suite A,
Diamond Bar, CA 91765
AirTouch Cellular
3 Park Plaza
Irvine, CA 92714
The property owner, Torito Plaza Partnership and applicant,
AirTouch Cellular, are requesting to revise the original approval
of Conditional Use Permit No. 92-9. The original approval
(Planning Commission, November 23, 1992) permitted the installation
of a telecommunication facility on an existing two story office/
commercial building located at 23555 Golden Springs Drive and
identified as Torito Plaza. The approved telecommunication
fl
facility includes the following equipment: one wall mounted
microwave dish, four feet in diameter and three whip antennas, each
15 feet tall, located on the north elevation; fourteen one foot by
two feet exterior wall mounted directional cellular antennas, seven
located on the north elevation and seven located on the east
elevation; and four cellular antenna and the repeater unit located
within a 665 square foot second floor office. Currently installed
are eight of the fourteen exterior wall mounted cellular antennas,
three whip antennas, a microwave dish, four interior cellular
antennas and repeater unit.
The .57 acre project site is developed with an 11,307 square foot
two story office/retail building, parking and landscaping. The
project site is in the Restricted Business (C-1) Zone. It has a
General Plan Land Use designation of General Commercial (C).
Generally, the following zones surround the subject site: to the
north is the Single Family Residential -Minimum Lot Size 8,000
Square Feet (R-1-8,000) Zone; to the south is the R-1-10,000 Zone;
to the east is the C-1 Zone; and to the west is the Neighborhood
Business -Billboard Exclusion (C-2-BE) Zone.
ANALYSIS:
Conditional Use Permit
Pursuant to Code Section 22.28.110.A., this type of telecommuni-
cations facility is permitted in the C-1-BE Zone with a Conditional
Use Permit approved and review by the Planning Commission. Re-
visions to the original grant require the Commission's review and
approval. As a result, the proposed revisions are being presented
to the Commission for review and approval.
The applicant is requesting to revise the existing telecommuni-
cation facility as follows: add a microwave dish, two feet in
diameter, at the building's southeast corner; add three interior
cellular antennas; and replace the existing eight exterior wall
mounted directional antennas with larger (4.5 feet by 1 foot)
antennas. Additionally, the applicant is requesting the privilege
to alter all fourteen of the exterior antennas' sizes to 4.5 feet
by 1 foot in the future, if necessary.
This telecommunication facility serves Diamond Bar residents in the
north and central portion of the City as well as freeway travelers.
The facility's upgrading will allow the applicant to meet the added
demand for capacity and better service.
The facility is unmanned and will remain as such. It will continue
to require twelve maintenance visits with one service vehicle per
year. Therefore, the parking required, traffic generated by
maintenance and upkeep is considered minimal and will not have a
significant affect to the site or the City.
2
Development Review
Ordinance No. 5 (1990), Section 22.72.020.A. states that an
application for Development Review is required for any and all
commercial, industrial, and institutional development. However,
the level of review can change depending on the project's scope.
Since the Commission is reviewing the existing Conditional use
Permit's revision, the Commission is required to perform the
Development Review.
The potential negative aesthetic impact, due to the existing
telecommunication equipment's proposed exterior changes, may be of
some concern to adjacent land uses. To mitigated the potential
impact, all new and existing exterior equipment will be painted to
match the office/commercial building. Additionally, existing trees
adjacent to the building's north elevation and younger trees
adjacent to the south elevation will assist or eventually assist in
reducing the equipments negative aesthetic impact. Therefore, the
visual impacts will be limited.
The office/commercial building is maintained in a manner which does
not detract from the neighborhood or create a health and safety
nuisance to its occupants or general public. The parking and
landscape areas are kept in neat and clean condition. The
landscape areas are free of weeds, debris or dying vegetation.
Foliage is trimmed, pruned, watered and in healthy condition.
However, additional ground cover should be added where ground cover
no longer exists.
The Building and Safety Division and the Public Works Department
has reviewed the proposed project. Their recommendations are
within the draft Resolution.
Conclusion
The existing telecommunication facility, even with the proposed
changes, is less noticeable and obtrusive then other approved
facilities within the City. The negative aesthetic impact is
reduced by the equipment color, which will match the office/
commercial building and existing trees. Furthermore, traffic
impacts related to the project are minimal.
ENVIRONMENTAL ASSESSMENT:
The environmental evaluation shows that the proposed revisions to
the originally approved telecommunication facility is categorically
exempt, according to the California Environmental Quality Act
(CEQA) of 1970, and guidelines promulgated thereunder, pursuant to
Section 15301 (b).
�3
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin
and the San Gabriel Valley Tribune on May 1, 1997. Public hearing
notices were mailed to approximately 218 property owners within a
minimum 500 foot radius of the project site on April 29, 1997.
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Conditional
Use Permit No. 92-9 (1) and Development Review No. 97-3, Findings
of Fact and conditions of approval as listed within the attached
resolution.
haF�I7�fiIH=�i
Conditional Use Permit
1. The proposed use will not be in substantial conflict with the
adopted general plan.
2. The proposed use, at the proposed location will not:
a. Adversely affect the health, peace, comfort or welfare of
persons residing or working in the surrounding area; or
b. Be materially detrimental to the use, enjoyment or
valuation of property of other persons located in the
vicinity of the site; or
c. Jeopardize, endanger or otherwise constitute a menace to
public health, safety or general welfare.
3. The proposed site is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities,
landscaping and other development features prescribe by Code
or as is otherwise required in order to integrate said use
with the uses in the surround area.
4. The proposed site is adequately served:
a. By highways or streets of sufficient width and improved
as necessary to carry the kind and quantity of traffic
such use would generate; and
b. By other public or private service facilities as are
required.
Development Review
1. The design and layout of the proposed development is
consistent with the applicable elements of the City's general
plan, design guidelines of the appropriate district, and any
adopted architectural criteria for specialized area, such as
designated historic districts, the area, specific plans,
community plans, boulevards, or planned developments.
19
2. The design and layout of the proposed development will not
unreasonably interfere with the use and enjoyment of
neighboring existing or future developments, and will not
create traffic or pedestrian hazards.
3. The architectural design of the proposed development is
compatible with the character of the surrounding neighborhood
and will maintain the harmonious orderly and attractive
development contemplated by the Development Review ordinance
and the City's general plan.
4. The design of the proposed development would 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 and
will retain a reasonably adequate level of maintenance.
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.
Prepared by: ✓
A n J L assistant Planner
I n J L
Attachments:
1. Draft Resolution of Approval;
2. Resolution No. 92-28; and
3. Exhibit "A" - site plan and elevations dated May 13, 1997; and
4. Applications.
�7
A.
PLANNING COMMISSION
RESOLUTION NO. 97-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 92-9 (1)� DEVELOPMENT REVIEW NO.
97-3 AND CATEGORICAL EXEMPTION SECTION
15301(b)� A REQUEST TO ALTER THE EXISTING
TELECOMMUNICATION FACILITY LOCATED AT 23555
GOLDEN SPRINGS DRZVE� DIAMOND BAR, CALIFORNIA.
RECITALS.
1. The property owner, Torito Plaza Partnership and
applicant, AirTouch Cellular, have filed an application
for Conditional Use Permit No. 92-9(1) and Development
Review No. 97-3. The application's request is to alter
the existing telecommunication facility's equipment. The
project site is located at 23555 Golden Springs Drive,
Diamond Bar, Los Angeles County, California, as described
above in the title of this Resolution. Hereinafter in
this Resolution, the subject Conditional Use Permit and
Development Review shall be referred to as the "Applica-
tion".
2. originally, the existing telecommunication facility was
approved on November 23, 1992 by the Planning Commission.
3. On April 18, 1989, the City of Diamond Bar was.
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14
(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
22 of the Los Angeles County Code contain the Development
.Code of the County of Los Angeles now currently
applicable to development applications, including the
subject Application, within the City of Diamond Bar.
4. Action was taken on the subject application as to the
consistency with the General Plan. It has been
determined that the proposed project is consistent with
the General Plan.
5. The Planning Commission of the City of Diamond Bar on May
13, 1997 conducted a duly noticed public hearing on the
Application.
6. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
valley Daily Bulletin newspapers on May 1, 1997. Two-
1
�.�:<:= 11
hundred and eighteen property owners within a 500 t
radius of the project site were notified by mail on �,.
29, 1997. ,���
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant Section 15301 (b) of Article 19 of Chapter 3 of,
Title 14 the California Code of Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a .57 acre site developed
with an 11,307 square foot two story office/
commercial building, parking lot and landscaped
areas. The project site is located at 23555 Golden
Springs Drive, Diamond Bar, .California.
(b) The project site has a General Plan Land Use
designation of General Commercial (C). It is within
the Restricted Business (C-1) Zone.
(c) Generally, the following zones surround the project
site: to the north is the Single Family Residential -
Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone;
to the south is the R-1-10,000 Zone; to the east is
the C-1 Zone; and to the west is the Neighborhood
Business -Billboard Exclusion (C-2-BE) Zone.
(d) The November 23, 1992 Planning Commission approval
permits the installation of the follow telecommuni-
cation equipment: one wall mounted microwave dish,
four feet in diameter and three whip antennas, each
2
15 feet tall, located on the north elevation; fo r�r
teen one foot by two feet exterior wall mounted (�,
directional cellular antennas, seven located on the ��
north elevation and seven located on the east �
elevation; and four cellular antenna and the
repeater unit located within a 665 square foot
second floor office.
(e) Currently installed are eight of the fourteen
exterior wall mounted cellular antennas, three whip
antennas, a microwave dish, four interior cellular
antennas and repeater unit.
(f) The applicant is requesting to revise the existing
telecommunication facility's equipment as follows:
add a microwave dish, two feet in diameter, at the
building's southeast corner; add three interior
cellular antennas; and replace the existing eight
exterior wall mounted directional antennas with
larger (4.5 feet by 1 foot) antennas. Additionally,
the applicant is requesting the privilege to alter
all fourteen of the exterior antennas' sizes to 4.5
feet by 1 foot in the future, if necessary.
Conditional Use Permit Findings:
(g) The proposed alteration of the existing telecommuni-
cation equipment will not be is substantial conflict
with the adopted general plan.
The City's General Plan provides for regional,
freeway oriented, and or community retail and
service oriented commercial uses within the General
Commercial (C) land use designation. The
application's proposal alters an already approved
grant which is a service oriented commercial use.
As a service oriented commercial use, the
telecommunication facility, even as altered is in
compliance with the City's adopted General Plan.
(h) The proposed equipment alterations, at the location
proposed will not:
(1) Adversely affect the health, peace, comfort or
welfare of persons residing or working in the
surrounding area, or
(2) Be materially detrimental to the use, enjoyment
or valuation of property of other persons
located in the vicinity of the site, or
(3) Jeopardize, endanger or otherwise constitute a
menace to public health, safety or general
welfare.
The proposed equipment alterations allows for the
existing telecommunications facility's upgrade in
order to meet the added demand for capacity and
better service. The use is permitted in the C-1
Zone with a Conditional Use Permit approval to
ensure, by conditions and the issuance of City
3
QJ
permits and inspections, that the project will
adversely affect the health, peace, comfort or
welfare of persons residing or working in the �yA
surrounding area. The previously mentioned safe-
guards will ensure that the proposed project will
not jeopardies, endanger or otherwise constitute a
menace to public health, safety or general welfare.
Furthermore, the consensus of the scientific com-
munity maintains that the radio frequency radiation
emitted and the lower frequency electromagnetic
fields associated with this type of facility does
not produce adverse health effects in humans because
they are non -ionizing in nature and normal exposures
are controlled so as not to result in thermal
effects. As such, the facility with its alterations
will not be detrimental to the use, enjoyment or
valuation of property or persons located in the
vicinity of the project site.
(i) The project site is adequate in size and shape to
accommodate the yards, walls, fences, parking and
loading facilities, landscaping and other
development features, or as is otherwise required in
order to integrate said use in the surrounding area.
The proposed equipment alterations does not require
enlargement of the existing office/commercial
structure. It does not create a demand for
additional parking. The telecommunication
facility's original approved addressed this issue.
At that time the site was found adequate in size and
shape to accommodate the use and can still
accommodate the use.
(j) The project site is adequately served:
(1) By highways or streets of sufficient width and
improved as necessary to carry the kind and
quantity of traffic such use would generate;
and
(2) By other public or private service facilities
as are required.
The project site is adequately served by Golden
Springs Drive and Torito Lane which is a major
highway and residential street respectively. The
existing telecommunication facility is unmanned. It
requires twelve maintenance visits with one service
vehicle per year, as the facility exists and with
the proposed alterations. Therefore, the facility,
even with the proposed alterations does not
significantly increase vehicular traffic to an from
the site. Additionally, electrical service utilized
by the facility exists at the site. It serves the
site adequately and will continue to do so.
Development Review Findings:
k. The design and layout of 'the proposed development 1$ .,
consistent with the applicable elements of the ✓`
City's general plan, design guidelines of the 4'l
appropriate district, and any adopted architectural
criteria for specialized area, such as designated
historic districts, the area, specific plans,
community plans, boulevards, or planned
developments.
Pursuant to the General Plan, the existing telecom-
munication facility is a service oriented commercial
use which the General Plan allows within the General
Commercial (C) land use designation. Pursuant to
the City's Planning and Zoning Code, the existing
facility with the proposed alterations is permitted
within the C-1 Zone with a Conditional Use Permit
which is incorporated into this review.
1. The design and layout of the proposed development
will not unreasonably interfere with the use and
enjoyment of neighboring existing or future
developments, and will not create traffic or
pedestrian hazards.
The existing telecommunication facility with its
proposed alterations is unmanned. The facility
requires monthly maintenance (12 visits per year)
with one service vehicle. Therefore, the required
parking and traffic generated by the maintenance and
upkeep is considered minimal. Therefore, the
project will not have a significant impact on the
neighborhood and as such will not create traffic or
pedestrian hazards or unreasonably interfere with
the used and enjoyment of neighboring or future
developments.
m. The architectural design of the proposed development
is compatible with the character of the surrounding
neighborhood and will maintain the harmonious
orderly and attractive development contemplated by
the Development Review ordinance and the City's
general plan.
The existing telecommunication equipment and the
proposed equipment changes are designed and painted
or will be painted to match the color of the office/
commercial building it is mounted on. Additionally,
existing trees adjacent to the building's north
elevation and younger trees adjacent to the south
and east elevations will assist or eventually assist
in reducing the equipments negative aesthetic
impact. As a result, the visual impacts will be
limited and the project will be compatible with the
character of the surrounding neighborhood and will
5
�f
maintain the harmonious orderly and attractive`
development contemplated by the Development Revirew`
Ordinance and the Cityfs General Plan. 4V4.,; .;
n. The design of the proposed development would 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 and will
retain a reasonably adequate level of maintenance.
The existing telecommunication equipment and the
proposed equipment changes are designed and painted
or will be painted to match the color of the office/
commercial building it is mounted on. Additionally,
existing trees adjacent to the buildingfs north
elevation and younger trees adjacent to the south
and east elevations will assist or eventually assist
in reducing the equipments negative aesthetic
impact. As a result, the visual impacts will be
limited and will provide a desirable environment for
iIts occupants and visiting public as well as its
neighbors through good aesthetic use of materials,
texture and color that will remain aesthetically
appealing. The materials and paint utilized will
retain a reasonably adequate level of maintenance.
o. 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.
Due to the conditions of approval -and the issuance
of City permits and inspections, that the project
will not be detrimental to the public health,
safety, or welfare or materially injurious to the
properties or improvements in the vicinity.
Furthermore, the consensus of the scientific com-
munity maintains that the radio frequency radiation
emitted and the lower frequency electromagnetic
fields associated with this type of facility does
not produce adverse health effects in humans because
they are non -ionizing in nature and normal exposures
are controlled so as not to result in thermal
effects. As such, the facility with its alterations
will not be detrimental to the use, enjoyment or
valuation of property or persons located in the
vicinity of the project site.
5. Based on the findings and conclusions set forth above,
the Planning Commission hereby approves the Application
subject to the following conditions:
(a) The project shall substantially conform to site plan
and elevations collectively labeled as Exhibit "A11
dated May 13, 1997, as submitted and approved by the
0
Planning Commission.
(b) The site shall be maintained in a condition whichs,.,
free of debris both during and after the con-
struction, addition, or implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted
waste contractor, who has been authorized by the
City to provide collection, transportation, and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) The applicant shall install ground cover to match
the existing in the planter areas where the ground
cover has not survived.
(d) As required by the Building Official, before
construction begins, the applicant shall install
temporary construction fencing along the project
construction area, pursuant to Building and Safety
Division requirement. The fencing shall remain
until the Building Official approves its removal.
(e) In the event of any future maintenance problems,
abandonment of the use or changes in technology
which render the above mentioned facility and
screening devices obsolete,_the applicant shall,
upon notification by the City, remove the screening
devices and/or facility within 90 days of the
notification.
(f) All conditions of approval in Resolution No. 92-28
for Conditional Use Permit No. 92-9 shall remain in
full force and effect unless amended as part of this
action.
(g) Plans shall conform to State and local Building
Codes (i.e. 1994 Uniform Building Code, Plumbing
Code, Mechanical Code and 1993 National Electrical
Code) as well as the State Energy Code.
(h) The proposed antennas and microwave dish shall be
engineered to meet wind loads of 80 m.p.h. with an
exposure "C". Also the existing roof shall be
designed for the additional antenna loads.
(i) All proposed cable install on the exterior building
walls shall be flashed, painted and stuccoed to
match existing.
7
(j) The proposed cable installed on the roof shall notk.:
interrupt the roof's drainage.
(k) The applicant shall comply with Planning and Zoning,'
and Building and Safety Division's and Public Works
Department's requirements.
(1) This grant is valid for one (1) year and shall be
exercised (i.e. construction) within that period or
this grant shall expire. A one (1) year extension
of time may be requested in writing and submitted to
the City 30 days prior to this grant's expiration
dated.
(m) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be
effective until the permittee pays remaining City
processing fees.
(n) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and Game any such fee and
any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to AirTouch Cellular,
3 Park Plaza, Irvine, CA 92714, and Carole Anderson,
Torito Plaza Partnership, 2355 Golden Springs Drive,
Suite A, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 13TH DAY OF MAY 1997 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
73
BY:
Mike Goldenberg, Chairman
I, James DeStefano, Planning Commission
that the foregoing Resolution was duly
by the Planning Commission of the City
meeting of the Planning Commission held
by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Secretary, do hereby certify.
introduced, passed, and adopted
of Diamond Bar, at a regular
on the 13th day of May, 1997,
James DeStefano, Secretary
RESOLUTION NO. 92-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR APPROVING CONDITIONAL USE PERMIT NO. 92-9 A REQUEST. TO
LOCATE AN UNMANNED CELLULAR TELEPHONE SITE OF TELEPHONE
TRANSMITTING EQUIPMENT INSTALLED WITHIN A LEASED 665 SQUARE
FOOT INTERIOR AREA AND ROOF TOP ANTENNAS, 23555 GOLDEN SPRINGS
DRIVE, DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals
1. The applicant, PACTEL CELLULAR, P.O. Box 19707, Irvine,
CA 92713 has heretofore filed an application as
described above in the title of this Resolution.
Hereinafter in this Resolution, the project, located at
address indicated in the title of this Resolution, shall
be referred to as "the application".
2. On April 18, 1989, the City of Diamond Bar was estab-
lished as a duly organized municipal corporation of the
State of California. on said date, pursuant to the
requirements of the California Government Code Section
57376, Title 21 and 22, the City Council of the City of
Diamond Bar adopted its ordinance No. 14, thereby adopt-
ing the Los Angeles County Code as the ordinances of the
City of Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contains the Development Code of the County
of Los Angeles now currently applicable to development
applications, including the subject application, within
the City of ,Diamond Bar.
3, The City of Diamond Bar lacks an operative General Plan.
Accordingly, action was taken on the subject
application, as to consistency with the General Plan,
pursuant to the terms and provisions of Ordinance No.4
(1992) of the City of Diamond Bar.
4, On November 23, 1992 the Planning Commission of the City
of Diamond Bar conducted a duly noticed public hearing
on the application, and concluded said public hearing on
that date.
5. All legal prerequisites to the adoption of this
Resolution have occurred.'
Be Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. The Planning Commission hereby ,finds that the initial
study and review prepared by the City of Diamond Bar and
a Negative Declaration has been prepared for this
project in compliance with the California Environmental
Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder and further said Negative
.Declaration reflects the independent judgement of the
City of Diamond Bar.
3. The Planning Commission hereby specifically find:a and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have
the potential of an adverse effect on wild life
resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this Planning
Commission hereby rebuts the presumption of adverse :-
effects contained in Section 753.5(d) of.Title 14 of the
California Code of Regulations. Notwithstanding any
previous Subsection of this Resolution, if the
Department of Fish and Game requires payment of a fee
pursuant to Section 711.4 of the Fish and Game Code,
payment thereof shall be made by the applicant prior to
the issuance of any building permit or any other
entitlement.
4. Based on the substantial evidence presented to the
Planning Commission during the above -referenced public
hearing opened on November 23, 1992 and concluded on
said date including written and oral staff reports,
together with public testimony, and in conformance with
ordinance No. 4 (1992), the Planning Commission hereby
specifically finds as follows:
(a) The subject property is located at 23555 Golden
Springs Dr. in the City of Diamond Bar and is
currently developed with a two story commercial
office building. To the north is a vacant lot, to
the south is single family residential
development, to the east there is a multi -family
2
residential development, and to the west there is
a commercial office development.
{b) That the requested use at the location will not:
(1) Adversely affect the health, peace, comfort
or welfare of persons residing in the
surrounding area, or
(2) Be materially detrimental to the use,
enjoyment or valuation of property of other
persons located in the vicinity of the site,
or
(3) Jeopardize, endanger or otherwise constitute
a menace to public health, safety or general
welfare; and
(c) That the proposed site is adequate in size and
shape to accommodate the yards, walls, parking
facilities, landscaping and other development
features prescribed in this approval; and
(d) That the proposed site is adequately served:
(1) By highways or streets of sufficient width
and improved as necessary to carry the kind
and quantity of traffic such use would
generate, and
(2) By other public or. private service facilities
as are required.
(e) The property is located in Zone C-1 and allows
this use by Conditional Use Permit. The site is
approximately 1 acre in size and is developed with
an existing commercial center/office building;
(f) The applicant's request is for the improvement of
an existing unit and the location of a microwave
repeater station and antennas on an existing
structure;
(g) The subject site lies within the Diamond Bar
General Plan General Commercial designation; The
current zoning of the site is in 'compliance with
the land use designation;
(h) Notification of the public hearing for this
project has been made;
(i) The design and layout of the proposed project is
consistent with the applicable elements "of the
city 's General Plan, design guidelines and
architectural criteria of the appropriate dis-
trict;
.,.� �
-, � _ ;
(j) The design and layout of the proposed development
will not unreasonably interfere with the use and -
enjoyment of the neighboring existing and future
developments, and will not create traffic. or
pedestrians hazards; -
(k) The architectural design of the proposed microwave
repeater station is compatible with the character
of the surrounding current and proposed
development and will maintain the harmonious,
orderly, and attractive development contemplated
by this Chapter and the General Plan of the City;
5. Based upon the findings and conclusions set forth
herein, this Commission, in conformance with the General
Plan, hereby finds as follows:
(a) The project is consistent with the adopted General
Plan;
(b) Substantial evidence exists, considering the
records as a whole, to determine that the project,
as proposed and conditioned herein, will not be
detrimental to or interfere with the adopted
General Plan.
6. Based on the findings and conclusions set forth in _
paragraphs 1, 2, 3, 4, and 5 above, this Commission
hereby approves the application subject to the following
restrictions as to use and standard conditions contained
within this document:
Conditions of Approval.
(1) The repeater station is approved as shown. Three 'copies
o"f the revised plot plan marked Exhibit "A" and
conforming to such of the following conditions as can
shown on a plan, shall be submitted for approval of the
Community Development Director. The property shall
thereafter be developed and maintained in substantial
conformance with the approved plans.
(2) That the applicant must, comply with all State, Zone C-
1, Engineering Department, and Building and Safety
Department requirements.
(3) This grant is valid for two years and must be exercised
(i.e. construction started) within that period or this
grant will expire. A one year extension may be
requested in writing and submitted to the City 30 days
prior to the expiration date.
(4) This permit shall not be effective for any purpose until
a duly authorized representative of the owner of the
property involved has filed, at the office of Diamond
`.t
Bar Community Development Department, the Affidavit of
Acceptance stating that the applicant is aware of, and
accepts all the conditions of this permit;
(5) That all requirements of the Zoning Ordinance and of the
underlying zoning of the subject property must be
complied with, unless set forth in the permit and shown
on the approved plans and a Development Program must be
submitted to the Community Development Director before
this permit can be exercised;
(6) Appropriate fire suppression equipment shall be
installed as a part of the components of the repeater
station located within the interior of the office unit.
Engineering Department Conditions
(1) Restriping of the entire parking area including
directional arrows.
g. The Planning Commission Secretary Shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, return receipt request,
to: Elaine Diorio and PacTel at the address as set forth
on the Application.
APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER, 1992 BY THE
PLANNING COMMISSION OF THE CITY O/F DIIAMOND BAR
.i /
�/
Bruce Flamenbaum, Chairman
5
I, James De5tefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted by the Planning Commission of the City of Diamond Bar,
at a regular meeting of the Planning Commission held on the 23RD
day of November, 1992, by the following vote:
AYES: COMMISSIONERS: Flamenbaum, Grothe, MacBride, and Meyer
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: Li
ABSTAIN: COMMISSIONERS:
ATTEST:
Destefan�o, Secretary
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CITY OF DIAMOND BAR p2 q7 3 caret✓ —get
( 'Y" t t COlY1h1IINr DEVELOPMENT DEPARTMENT FPL Jt g=�Z
Deposit S , OGI2 0D
._ 21660 E. Coptey Drive Suite 190 Receipt#03�Qy
(909)396-5676 Fax (909)861-3117
DEVELOPMENT REVIEW APPLICATION Date Rec'd
Record Owner Applicant Applicant's Agent
NameTorito Plaza P'ship.
(Last name first)
Address
City
Phone(
AirTouch Cellular
(Last name fast)
P.O. Box 19707
Irvine, CA
92623-9707
Phone( 7 ) 222-8228
Sheri Sawyer
(bast name first)
P.O. Box 19707
Irvine, CA
92623-9707
Phone(? ) 222-8228
NOTE: It is the applicant's responsib lity to notify the Commun ty Development Director in wr t ng of any cfiange of the
principals involved during the processing of this case.
(Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors
of corporations.)
m the owner of the herein described properly and permit the applicant to file this request.
Consent: I certify 1hat:I ¢_ ._ - _
\�� � �, �.—._. --- •— _--_—`--� Date �� - ? �.
f
Signed
All record owner
Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein providedu correct
to the best of my knowledge.
Print Name Sheri Sawyer
(Applicant or Agent)
Signed
(Applicant or Agent)
Location 23555 Golden S rin i n ar
(Street address or tract and lot number)
Commercial C-1 L+�t
Zoning
Previous Cases Conditional Use Permit 92-9
PLNM ISO/-t 3 4s
Present Use of Site Cellular telephone facility on rooftop of commercial office building
Use applied for Continued use of cellular facility. Replace existing directional
cellular antennas (measurin 2'xl' with new antennas measurin 4.5' x 1'.
Addition of 2' diameter microwave dish.
Legal description (all ownership comprising the proposed lots)/parcel(s))
SEE ATTACHED
Area devoted to structures
Landscaping/Gpen space N/A
Project Size N/A Lot Coverage N/A Proposed density. N/A
Style of Architecture (Units/Acres)
Number of Floors Proposed
Slope of Roof flat
Grading N/A If yes, Quantity
Cut
Import
Export
If yes, Quantity
If yes, Quantity
Fill
MY OF DIAMOND BAR
COMM EVELOPMENT DEPARTMENT
21660 E. Co rive Suite 190
(909)396-5676 Fax (909)861-3117
CONDITIONAL USE PERMIT APPLICATION
Name Torito Plaza P's ip
(Last name first)
City
Phonc(
gppl unt
tt tar
(Last name fast)
P.O. Box 19707
Irvine
92623-9707
Phone( 7) 222-8228
q1'3 case Ctco
FdZ [r
® Deposit $
Receipt#
By
Date Rec'd
Applicant's Agcnt
Sheri Sawyer
(Last name fast)
c/o AirTouch Cellular
P.O. Box 19707
Irvine
92623-9707
Phone(7) 222-8228
NOTE: It is the applicant's responsibility to notify the Community Development Duector in writing of any change of the
principals involved during the processing of this case.
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and
directors of corporations.) __ ........_..
Consent: 1 certify that I ant'lhe-owner-ofthe..lzerein described property and permit the applicant to file this request.
_Date y-
record owners)
LIiC�"'r-,�.•
Certification: Tthe undersigned, hereby certify underpenalty ojperjary that /he injormatton herein provided is correct
,
to
the best of my knowledge.
Print Name Sheri Sa er for AirTouch Cellular
(Applicant or Agent)
(Applicant or Agent)
Location 23555 Golden Springs Drive, Diamond Bar, CA
(Street address or tract and lot number)
Zoning Commercial C-1 HNM
Previous Cases Conditional Use Permit 92-9
Present Use of Site Cellular telephone facility on rooftop of commercial office building
Use applied for Continued use of cellular facility. Replace existing
directional cellular antennas (measuring 2'xl')with new cellular
antennas measuring 4.5' x Addition of 2' diameter microwave dish.
Project Size (gross acres)
N/A Project density N/A
Domestic Water Source
N/A Company/District N/A
Method of Sewage disposal Rk Sanitation District N/A
Grading of Lots
by Applicant?
yes
No X
(Show necessary
grading design
on site plan or
tent map)
CoN*IONAL USE PERMTT BURDEN of PR*
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the
planning Commission, the following facts:
A, That the requested use at the location proposed will not:
Adversely affect the health, peace, comfort or welfare of.persons resid ng or worlang in
the surrounding area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of other persons
located in the vic'mity of the site, or
Jeopardize, endanger or otherw se constitute a menace to the public health, safety or
general welfare.
SEE ATTACHED SHEET
$, That the proposed site is adequate in size and shape to accommodate the yazds, walls, Fences,
parking and loading facilities, landscaping and other development features prescribed in this Title
22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.
N/A
C. That the proposed site is adequately served:
1, By highways or streets of sufficient width and improved as necessary to cant' the kind
and quantity of traffic such use would generate, and
2, By other public or private service facilities as are required.
Unmanned facilit -visits to the site
on a monthly basis for maintenance only
LEGAL DESCRIPTIoN (all os p comprising the proposed lots)/parcel(:
Area devoted to structures N/A Landscaping/Open space N/A
Residential Project: N/A and N/A
(gross area) (No. of lots)
Proposed density N/A
(Units/Acres)
Parking
Standard
Compact
Handicapped
Required Provided
N/A
N/A
N/A
Total N/A
C
Burden of Proof - Conditional Use Permit Case No. 92-9 (Moumedl
A. The proposed project involves replacing the existing directional cellular antennas,
currently measuring 2' in length by 1' in width, with new antennas measuring
approximately 4.5' in length by 1' in width. In addition, one 2' diameter microwave
dish will be added. These antennas will be painted to match the building.
This cellular facility has been in operation since June 1993. It has had no adverse
affect on the health, peace, comfort or welfare of persons residing or working in the
surrounding area. The previously described modifications to the facility are minor in
nature and are not anticipated to jeopardize the public health, safety, or general
welfare of those occupants in the office building or in the surrounding area. This
unmanned facility will continue to be visited approximately twelve times per year by
a maintenance crew. There would be no need for additional parking.
INITIAL STUDY QUESTIONNAIRE
A. GENERAL INFORMATION
Project Applicant (Owner):
Torito Plaza Partnership
NAME
23555 Golden Springs Road
ADDRESS
Diamond Bar. CA 91765
(909) 861-2800 (Bobbie Miller
PHONE!
1. Action requested
and
project
description:
Modification
of
CUP
92-9 to
(staff use)
• PROTECT NUMBER(s):
Project Representative:
Sheri Sawyer for AirTouch Cellular
' NAME
Box 19707
ADDRESS
Irvine, CA 92623-9707
(714) 222-8228
PHONE /
e existing directional cellular antennas
(measuring 2'xl') with new antennas (measuring 4.5'xl'). Addition of
2' diameter microwave dish.
2. Street location of project: 23555 Golden Springs
3a.
Present use
of site:
Cellular telephone facility
on roof of commercial office building.
3b.
Previous use
of site
or structures: SAME
4. Please list all previous cases
(if any) related to this project: CUP 92-9
5. Othet related permit/approvals required.
Specify type and granting agency. Development Review
6: Are you planning future phases of this project? Y N
If yes,
7. Project Area:
Covered by structures, paving: N/A .
Landscaping, open space; N/A
Total Area: N/A
8. Number of floors: N/A
9. Present caning: C-1
10. Water and sewer servico
Does service exist at site,
If yes, no purveyors have
capacity to meet demand of
project and all other approved
projects?
Water • Sewers
Domestic _
Public _
Y N Y N
Y N Y N
If domestic water or public sewers are not available, how will these services be provided?
Residential Projects:
11. Number and type of
12. Schools:
What school districts) serves the property?,
Are existing school facilities adequate to meet project needs?
YES NO
If not, what provisions will be made for additional classrooms?
Non -Residential projects:
13. Distance ton Approximately sensitive use (school, hospital, etc.)
14. Number and floor area of buildings: existing structure
15. Number of employees and shifts: unmanned facility
16. Maximum employees per shift: N/A
17, operating bourn:
24 hrs
18. Identify any: End products N/A
Waste products N/A
Means of disposal N/A
19. Do project operations use, store or produce hazardous substances such as oily pesticides, chemicals, paints,
or radioactive materials?
YES NO
YES NO
If yes,
21. Identify any flammable, reactive or explosive materials to be located on -site.
None
221 Will delivery or shipment trucks travel through residential areas to reach the highway?
YES NO
If yes, explain
0. ENVIRONMENTAL INFORMATION O
1. Environmental Setting—ProjectSite
a. Existing use/structures Commercial office building
b: Topography/slopes N/A
*c. Vegetation N/A
*d. Animals N/A
*e. Watercourses N/A
f. Cultural/historicalresources N/A
g. Other N/A
2. Environmental Setting — Surrounding Area
a. Existing uses structures (types, densities): commerical,
vacant land, medical center, residential
b. Topography/slopes N/A
*c. Vegetation N/A
*d. Animals N/A
*e. Watercourses N/A
f. Cultural/historicalresources N/A
g. Other N/A
3. Are there any major trees on the site, including oak trees?
YES NO
If yes, type and number:
4. Will any natural'waterVS, surface flow patterns, etc., be changed Wgh project development?:
YES
If yes, explain:
* Answers are not required if the area does not contain natural, undeveloped land.
5. Grading:
Will the project require grading? YES NO
If yes, how many cubic yards?
Will it be balanced on site? YES NO
If not balanced, where will dirt be obtained or deposited?
6. Are there any identifiable landslides or other major geologic hazards on the property (including
uncompacted fill)?
YES NO
If yes, explain:
7. Is the property located within a Mgh fire hazard area (hillsides with moderately dense vegetation)?
YES NO
Distance to nearest fire station: Less than two (2) miles
8. Noise:
Existing
noise sourrxs
at
site: None
Noise to
be generated
by
project: None
9. Fumes:
10.
Odors generated by project: None
Could toxic fumes be generated? No
What energy -conserving designs or material willbe used? N/A
CERTIFICATION: I here#certify that the statements furnished above A the attached exhibits present
the data and information required for this initial evaluation to the best of my ability, and
that the facts, statements, and information presented are true and correct to the best of
my knowledge and belief.
Date Signature
For: AirTouch Cellular
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